scholarly journals Právní režim přírodních zdrojů na nebeských tělesech

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 153-166
Author(s):  
Šimon Pepřík

The aim of this article is to describe the legal regime of the natural resources of celestial bodies. In recent months and years, there has been an increase in debates regarding mining on the moon and asteroids. This article is dedicated to the analysis of the legal regime of such activities. In particular, whether such activities are possible from the point of view of international law, how they are regulated and what are the potential future developments in this area. The article offers an analysis and comparison of the legal regime governing the natural resources of celestial bodies based on the Outer Space Treaty and the Moon Agreement, respectively. The Moon Agreement is given special attention despite its limited international significance, and arguments are presented in favour of its possible recognition by more states in the future. In both cases, arguments are presented that the non-appropriation principle regarding the outer space and celestial bodies, as expressed in both international treaties, does not apply to the natural resources.

2020 ◽  
Vol 19 (2) ◽  
pp. 329-358
Author(s):  
Diego Zannoni

Abstract Although a large-scale extraction of resources from outer space does not seem feasible yet, associated legal debates are already underway. Indeed, anticipating a race for space resources, some States are taking the lead in enacting legislation regulating future exploitation by their subjects. Sales of “extraterrestrial real estate” by private entities have been taking place for decades. This article addresses the topic of exploitation of space resources from an international law perspective—regardless of whether it will be firmly on the agenda tomorrow or in thirty years’ time. The crucial issue is to establish if, and eventually how, it is possible to conciliate the two principles at stake here: freedom to use outer space and celestial bodies, which arguably includes exploitation, and the impermissibility of their appropriation. It will be pointed out that, rather than proposing a comprehensive and rigid mechanism, the Outer Space Treaty and the Moon Agreement could represent a starting point, a proactive framework for achieving consensus among States and for seeking multilateral solutions for the exploitation of space resources.


2020 ◽  
pp. 119-127
Author(s):  
Daria Bulgakova

As space tourism related technology breakthrough, the outlook of mining activities having in space moves spacious to being a fact but it should develop in consent with international law, because the issue of space is a deal of international pointing, since space pointing as explorer zone by humanity. The significant guiding instruments in international space law in relating to space tourism industry are Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, that entered into force on 10 October 1967; Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, entered into force on 11 July 1984. These international treaties mainly condition to the states the freedom on exploration and using space, but at the same time do not consider national appropriation of it. The work also proposes European legislation that is applicable to space tourism. The main attention is given to the Treaty of Lisbon. But during the studying the author proposed the opinion that it can’t be acceptable to space tourism, since it does not directly or even indirectly indicate it. Although it may be applicable as such, due to the lack of appropriate specific acts in the field of space travel. However, this act is recommended as a fundamental basis for further international development of the law on space tourism, as it directly deals with space activities, so it can serve as a guide. The study also doesn’t lose sight of US law, since space tourism increase by US entities through activities with travel destination for the mass. Research show that US have national law instrument for US enforcement in space sphere, besides grants property rights to companies to conduct actions on own risks in space with traveler issue as well and opening it to the mass. Thus interprets the freedom enshrined in the UN space acts at its own expense. However, Outer Space Treaty is not consistent in light of the freedom issue in exploration and it interprets the liberty broadly, but the interdiction narrowly. Due to that, research reaches that current space related legislation regime would let for space journey to develop but not in the path the text of former domestic laws propose. Attention is also drawn to the social meaning consideration for further law implementation. This research examines the emerging role of social data in the context of highlighting law necessity to provide properly advanced international legal act on flights to the space with tourists on a spacecraft. Since, space tourism may affect international law. The findings indicate that social awareness due to geographical indicator could improve current situation in legal regulation of space tourism at risk of international law gap. What is now needed is a cross – national international law study involving law researchers on space tourism issue. An implication of these findings is that both social position and space flights with traveler purpose should be taken into account when international law – maker communityable to implement legal acts about understanding issues on entitlement and | or restriction of space activity as space journey. The unborn looking enterprises concerned in mining outer space a goods are working on protracted timelines on focus with society’s modern needs. The major point of this article is the explanation of the ban on national allocation, as only being a veto on state appropriation. Under the presumption that exegesis would be a violation of the sense society needs, not states as along. In folding on their own the arrangements to dominate objects beyond the competency of any single state, the US is obtaining a step back out of the international community. This will not be a advantage for the interests of nations though. But nevertheless, the author explains this by the fact that such a national privilege is associated with the direct growth of private activity, which required regulation, because at the international level there is no adoption of any specific acts in this area. In order space tourism open-up affect, for commercial companies necessary the potential to gain reasonable benefits and a stable legal setting [1]. Substitute option to the unilateral implementation of a legal base, and one that would sustain law confidence both domestically and internationally, is the modernization of an international regime for the stewardship of space excavation functioning as transmitted in Article 11 of the Moon Agreement. International law does not aid the unilateral provision of rights to conduct over outer space by states to an individual way, or through private corporation and should be accordingly to interpretations of the UN Space Acts disregard the common heritage of mankind. Such would have the prospect to ensure space tourism doesn’t fair bring individual profits, but betters of humanity.


2020 ◽  
Author(s):  
Diego De Blasi

<p>Outer space activities are increasingly bringing the international (scientific) community to upper stages of knowledge and awareness. With particular reference to <strong>Lunar exploration</strong>, general involvement of all States (also within a context of public-private partnerships initiatives) towards <strong>the principle of sustainable utilization of lunar resources</strong> shall represent an important requirement for the future of all Mankind</p><p><br>Thus, the <strong>safeguarding of lunar environment</strong> (the equitable/intragenerational utilization of its resources) shall represent a critical issue for the whole evolutionary framework of the <em>Corpus Iuris Spatialis</em></p><p>Firstly, the principle herein shall be taken into examination under the provisions laid down in the A<em>greement governing the Activities of States on the Moon and other Celestial Bodies.</em> Accordingly, article 11 states <em>“the moon and its natural resources are the common heritage of mankind”[..]; as well, “The moon is not subject to national appropriation by any claim of sovereignty, by means of use or occupation, or by any other means..” (paragraph 2)</em></p><p><em> </em><br>Secondly, other concerns may also take into account: a)<strong> the perspective of ISRU (in situ resources utilization) processes</strong>, which shall take place towards sustainability means b) the undertaking of well balanced measures in exploring and using natural resources <em>vis-à-vis</em> adverse changes in lunar environment <em>(article 7, par. 1, Moon Treaty)</em>. In addition, besides the terms pursuant to the establishment of peaceful use of (space) lunar activities, an adequate <em>consensus</em> shall be called upon States beyond the <em>status quo</em></p><p>  <br>In conclusion, the aferomentioned background shall also consider the adoption of a comprehensive <em><strong>Additional Protocol to the Moon Treaty</strong></em> concerning <em>the sustainable utilization of lunar resources</em>. Arguably, this progressive framework may also be welcomed as milestones towards <em>further legal developments in international space law </em></p><p> </p><p> </p>


1980 ◽  
Vol 74 (2) ◽  
pp. 346-371 ◽  
Author(s):  
Carl Q. Christol

The exploration and use of the space environment, consisting of outer space per se, the moon, and celestial bodies, may result in harm to persons and to property. International law and municipal law have focused on rules allowing for the payment of money damages for harm caused by space objects and their component parts, including the “payload.” Both forms of law have accepted the basic proposition that money damages should compensate for harm. Principal attention will be given in this analysis to the kinds of harm caused by space objects that are considered to be compensable under international law at the present time.


Author(s):  
Olesya Andreevna Popova

This article examines the problem of international legal regulation of the activity on the use of natural resources in outer space. The author provides the results of analysis of the international outer space treaties, resolutions of the United National General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space. There is currently no universal international legal regulation of the legal status and regime for the use of natural resources in outer space. The activity on the extraction of natural resources requires the development of corresponding international legal norms. The two alternative positions are being discussed – the concept of the “common heritage of mankind” developed in the international law of the sea, and the Artemis Accords advanced by the United States. The following conclusions were made: the prohibition of national appropriation of outer space and celestial bodies is applicable to the countries and private entities. The International space law does not have explicit ban on the use of space for the purpose of extraction and commercial exploitation of natural resources. However, natural resources are a part of outer space and celestial bodies; therefore, in the absence of special norms regulating their legal status and regime of usage, they should fall under the legal regime established for outer space and celestial bodies. The author observes a trend of development of legal regime for the use of natural resources of outer space on the national level with transition to the international level. The acquired results can be applied in interpretation of the provisions of international space law and development of international norms with regards to legal status and regime of usage of natural resources in outer space.


This chapter introduces the ratification by member states and main contents of the 1967 Outer Space Treaty (Title: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies). Furthermore, the author explains the reason it the contents of the 1967 Outer Space Treaty should be amended. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2020, 110 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.


Author(s):  
Rossana Deplano

Abstract Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance.


2020 ◽  
Vol 33 (20) ◽  
pp. 119-127
Author(s):  
Daria Bulgakova

As space tourism-related technology breakthrough, the outlook of mining activities having in space moves spacious to be a fact but it should develop in consent with international law, because the issue of space is a deal of international pointing, since space pointing as explorer zone by humanity. The significant guiding instruments in international space law in relating to the space tourism industry are Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, that entered into force on 10 October 1967; Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, entered into force on 11 July 1984. These international treaties mainly condition the states the freedom to explore and using space, but at the same time do not consider the national appropriation of it. The work also proposes European legislation that is applicable to space tourism. The main attention is given to the Treaty of Lisbon. But during the studying, the author proposed the opinion that it can’t be acceptable to space tourism, since it does not directly or even indirectly indicate it. Although it may be applied as such, due to the lack of appropriate specific acts in the field of space travel. However, this act is recommended as a fundamental basis for the further international development of the law on space tourism, as it directly deals with space activities, so it can serve as a guide. The study also doesn’t lose sight of US law, since space tourism increase by US entities through activities with travel destination for the mass. Research shows that US has national law instrument for US enforcement in the space sphere, besides grants property rights to companies to conduct actions on own risks in space with traveler issue as well and opening it to the mass. Thus interprets the freedom enshrined in the UN space acts at its own expense. However, Outer Space Treaty is not consistent in light of the freedom issue in exploration and it interprets liberty broadly, but the interdiction narrowly. Due to that, research reaches that current space-related legislation regime would let for a space journey to develop but not in the path the text of former domestic laws proposes. Attention is also drawn to the social meaning consideration for further law implementation. This research examines the emerging role of social data in the context of highlighting the law necessary to provide properly advanced international legal acts on flights to space with tourists on a spacecraft. Since space tourism may affect international law. The findings indicate that social awareness due to geographical indicators could improve the current situation in the legal regulation of space tourism at risk of international law gap. What is now needed is a cross-national international law study involving law researchers on the space tourism issue. An implication of these findings is that both social position and space flights with traveler purpose should be taken into account when the international lawmaker community able to implement legal acts about understanding issues on entitlement and | or restriction of space activity as space journey. The unborn looking enterprises concerned with mining outer space goods are working on protracted timelines on focus with society’s modern needs. The major point of this article is the explanation of the ban on national allocation, as only being a veto on state appropriation. Under the presumption that exegesis would be a violation of the sense society needs, not states as along. In folding on their own the arrangements to dominate objects beyond the competency of any single state, the US is obtaining a step back out of the international community. This will not be an advantage for the interests of nations though. But nevertheless, the author explains this by the fact that such a national privilege is associated with the direct growth of private activity, which required regulation because at the international level there is no adoption of any specific acts in this area. In order for space tourism to open-up effect, for commercial companies necessary the potential to gain reasonable benefits and a stable legal setting [1]. Substitute option to the unilateral implementation of a legal base, and one that would sustain law confidence both domestically and internationally, is the modernization of an international regime for the stewardship of space excavation functioning as transmitted in Article 11 of the Moon Agreement. International law does not aid the unilateral provision of rights to conduct over outer space by states in an individual way, or through a private corporation and should be accordingly to interpretations of the UN Space Acts disregard the common heritage of mankind. Such would have the prospect to ensure space tourism doesn’t fairly bring individual profits, but betters of humanity. Keywords: international law, space tourism, outer of space, commercialization of space, private space flights, International Treaty.


Sign in / Sign up

Export Citation Format

Share Document