scholarly journals Investment in Space Resources: Property Rights to Natural Resources Extracted in Space and the Position of Iraqi legal system

2019 ◽  
Vol 5 (1) ◽  
pp. 36
Author(s):  
Arez Mohammed Sediq Othman
Keyword(s):  
Natural Resources ◽  
Legal System ◽  
Outer Space ◽  
Rapid Development ◽  
The United States ◽  
Legal Framework ◽  
Space Technology ◽  
Private Companies ◽  
Private Corporations ◽  
Space Activities

In the second half of the last century, the space activities have increased paralleled with the rapid development in space technology. The greed of giant corporations has exceeded the universe and tried to reach resources outside Earth. Exploring other planets is not something new, while racing to reach the resources outside earth by private space exploration companies as human’s off earth destiny is quite recent. Many nations have plan to reach the moon by 2020 including the United States who has plan to establish a permanent base on moon by 2024. The ambition to reach outer space is not just for the scientific purposes, but rather to exploit resources form space. As long as space is a common sphere among all the nations, there are many treaties signed and ratified to lay down broad rules and principle to organize the area. Mining celestial materials is one of the issues that does not have a legal framework as private companies are eagerly trying to mine materials which are not existed on earth such as Helium three or any other bodies that are scarce on earth. Until now, the international community has not been successful in establishing a solid legal system to regulate outer space activities. Besides, there are attempts by some countries to have particular legislation allowing private companies to extract natural resources. However, technological, economic and military powers of countries are the major factors in exercising the activities outside our planet due to the special nature of such activities. This paper argues that despite the difficulties of having a consensus over a legal framework, there are many other issues that need to be taken into consideration. Further, the perspective of the Iraqi legal system is also examined with regard to the possibility of adopting particular law on outer space activities. It also argues that although the lack of advanced technological skills might avoid countries reaching outer space, it will not prevent states from adopting specific legislation to regulate private corporations’ attempt to explore in this field.        

On the International Implications of Outer Space

1960 ◽  
Vol 12 (4) ◽  
pp. 564-584 ◽  
Author(s):  
Klaus Knorr
Keyword(s):  
United States ◽  
Early Stage ◽  
Outer Space ◽  
The United States ◽  
Space Policy ◽  
Space Technology ◽  
Space Race ◽  
Domestic Policies ◽  
Full Swing ◽  
Space Activities

Though only a few years old, the Russian-American “space race” is in full swing and it is clear, even at this early stage of outer space technology, that it will present both countries with new opportunities and new dangers.From the American viewpoint we are especially interested in these related questions: First, how will outer space activities affect the external situation within which the United States seeks to promote its security and welfare? Second, how can the United States manipulate space developments in order to improve its security and welfare? And third, how should the United States concert its space policy with other elements of its foreign, defense, and domestic policies

scholarly journals Rywalizacja państw w kosmosie

2018 ◽  
pp. 109-125
Author(s):  
Wojciech Stankiewicz
Keyword(s):  
Ad Hoc ◽  
Outer Space ◽  
Rapid Evolution ◽  
The United States ◽  
Space Technology ◽  
Satellite Systems ◽  
Bilateral Agreements ◽  
Space Programs ◽  
The 1960S ◽  
Space Activities

The paper emphasizes that outer space has become an object of interest for different states relatively recently. Therefore, there is no detailed international law to regulate the activity of states in outer space. Current regulations were mainly drawn up at the turn of the 1960s, and they do not fully correspond to the reality of today. The drawing up of modern space law will be a dynamic process owing to the rapid evolution of space technology and an increasing exploration potential. As the activity of states in outer space is rapidly changing, laws to be drawn up may frequently be prepared ad hoc, in response to the newly emerging problems. It may be exceptionally difficult to enact a new convention to regulate general issues of outer space, in the way it has been done with respect to the law of the sea, as some countries (in particular the United States) may oppose the limitation of their plans to explore and utilize outer space. In order to maintain peace and balance, it may be necessary to establish a new international organization for the purpose of dealing with outer space. This organization would provide a forum to solve disputes, such as those concerning the development of satellite systems, the principles of teledetection, or armaments in space. A considerable portion of inter-state disputes concerning outer space will have to be solved by bilateral agreements, reached through a compromise, as there are no specialized organs authorized to act in the realm of outer space. A dynamically conducted exploration of outer space depends on the amount of expenditure allocated to the space programs of individual states. The amount of financing available is influenced by the economy (at the time of the slowdown that began in 2008 space agencies have had to envisage limited budgets). The prestige of space exploration is an aspect of particular importance. In order to increase its importance in the international arena, states are ready to allocate considerable means for spectacular space activities. It can be observed at present that states are increasingly competing with each other for prestige rather than for strategic purposes. This can easily be observed with respect to the developing countries, such as China and India. The pace of activities in space will be influenced by the ability of the states to cooperate. The specific nature of great space investments usually requires huge expenditure, therefore it would be advantageous to combine the financial contributions of various states. Joint projects would promote peaceful utilization of outer space.

Space Debris Mitigation as an International Law Obligation

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
International Liability ◽  
International Instruments ◽  
Space Activities ◽  
Proper Interpretation ◽  
Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

scholarly journals URGENSI PENATAAN HUKUM KERUANGANGKASAAN DALAM KERANGKA KEPENTINGAN NASIONAL NEGARA BERKEMBANG

2019 ◽  
Vol 48 (1) ◽  
pp. 49
Author(s):  
Agus Pramono
Keyword(s):  
Developing Countries ◽  
Developing Country ◽  
Developed Countries ◽  
Legal Framework ◽  
The Other ◽  
Private Companies ◽  
Commercial Space ◽  
Legal Instrument ◽  
Space Industry ◽  
Space Activities

The presence of  the space industry which sends to be dominated by private companies in developed countries has encouraged the need for developing country national legal framework thar are accomodative to regulate commercial space activities. On the other hand there are developing countries that have space activities and have national legal instruments, on the other there are developing countries that have just started space activities but do not have national legal instrument. Therefore, the arrangement of international and national legal instrument that regulate the interest of developing countries is urgent. In addition, this study show that existing legal transformation is not successful considering the transformation is not less attention to the full interest of the parties concerned.

The Future of Sustainable utilization of resources on the Moon: a new international legal regime?

2020 ◽  
Author(s):  
Diego De Blasi
Keyword(s):  
Natural Resources ◽  
Outer Space ◽  
Critical Issue ◽  
Sustainable Utilization ◽  
The Moon ◽  
The Future ◽  
Celestial Bodies ◽  
Lunar Environment ◽  
Space Activities

<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>

scholarly journals Sapnis par kosmosa bagātībām – vai kosmosa resursu ieguve ir likumīga?

2021 ◽  
Author(s):  
Lūcija Strauta ◽  
Keyword(s):  
United Arab Emirates ◽  
Outer Space ◽  
The United States ◽  
Legal Framework ◽  
The Moon ◽  
Commercial Exploitation ◽  
International Space ◽  
National Space ◽  
Space Law ◽  
Celestial Bodies

The paper assesses whether the national legal framework of the United States, Luxembourg and the United Arab Emirates, which stipulates that space resources can be privately owned, and legalizes the acquisition of space resources for commercial purposes, complies with international space law. The article analyses the scope of space use delineated by the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as the subsequent national practices after the entry into force of these agreements, national space law, national policies and public statements. The aim of the analysis is to determine whether international space law contains a prohibition of the extraction and commercial exploitation of space resources. The study evaluates national comprehensions of the space law content with regard to the freedom to use space. It yields a conclusion that there is no absolute ban on the commercial exploitation of space resources under international space law.

scholarly journals National appropriation of natural resources in the international space law

2021 ◽  
pp. 46-59
Author(s):  
Olesya Andreevna Popova
Keyword(s):  
Natural Resources ◽  
Legal Status ◽  
Outer Space ◽  
National Level ◽  
The United States ◽  
Legal Regulation ◽  
Legal Regime ◽  
International Space ◽  
Space Law ◽  
Celestial Bodies

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.

scholarly journals Small Satellites: National Regulatory Challenges

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 190-204
Author(s):  
Asta Tūbaitė-Stalauskienė
Keyword(s):  
Outer Space ◽  
Legal Framework ◽  
Legal Aspects ◽  
Small Satellites ◽  
National Space ◽  
The Republic ◽  
Model Law ◽  
Space Activities ◽  
Debris Mitigation

[full article, abstract in English; abstract in Lithuanian] This article analyses the regulation of space activities, especially small satellites activities. Its purpose is to analyse the relevant international legal framework and discuss the possible future national space legislation in Lithuania. It has been divided into two chapters. Chapter 1 summarises the relevant international space law and addresses essential aspects related to the authorisation of space activities, registration of objects launched into outer space, liability issues, insurance requirements and debris mitigation issues. Chapter 2 deals with reasons to adopt the national space legislation in Lithuania and discusses what legal aspects should be covered by the national law in order to guarantee balance between the regulation and promotion of small satellite activities. Finally, it includes the Model Law on the Promotion of National Space Activities and the Establishment of a National Space Registry of the Republic of Lithuania.

Asteroid Futures

2021 ◽  
pp. 291-301
Author(s):  
Nicholas Baldwin ◽  
Amy Lynn Fletcher
Keyword(s):  
United States ◽  
United Arab Emirates ◽  
Space Exploration ◽  
Outer Space ◽  
The United States ◽  
Legal Framework ◽  
Political Strategy ◽  
Public And Private ◽  
Outer Space Treaty ◽  
Public And Private Stakeholders

This chapter evaluates the emerging industry of asteroid mining and the pivotal role of the United States in shaping the new rules for an extra-terrestrial economy. The Outer Space Treaty 1967 (OST) governs the use of space, with over 100 signatories, including the United States and China. However, as space exploration expands to encompass both public and private stakeholders, there is a growing international debate about whether the OST's provisions prohibit the assertion of sovereignty and, hence, property rights, in outer space. With the Commercial Space Launch Competitiveness Act (2015), the United States has pursued a legal framework that facilitates commercial asteroid mining and a political strategy that focuses on bilateral space exploration agreements with countries such as Luxembourg, Italy, and the United Arab Emirates. Due to its dominant position in the space sector, the United States will strongly influence the regulatory roadmap for the era of Space 2.0.

Identificación de las estructuras de las Redes del Espacio Profundo de países desarrollados

2021 ◽  
Vol 2 (4) ◽  
pp. 2615-2626
Author(s):  
Erick Antonio Ramos Sánchez ◽  
Amanda Celine Valdés Wood ◽  
Juan José Hurtado Quijada ◽  
Fernando Alfredo King Bernal ◽  
Pedro Antonio Gómez De Hoyos
Keyword(s):  
Outer Space ◽  
Developed Countries ◽  
The United States ◽  
Environmental Crisis ◽  
Space Technology ◽  
Deep Space ◽  
Irreversible Damage ◽  
Deep Space Network ◽  
Space Network ◽  
La Red

Como una de varias acciones para procurar la preservación de la raza humana y su evolución, donde el cambio climático se ha convertido en una crisis ambiental con daños irreversibles en algunos casos, la humanidad continua con la exploración espacial y se prepara para la explotación de recursos en el espacio exterior. La Red del Espacio Profundo o DSN (Deep Space Network) por sus siglas en inglés, es una red internacional de antenas de radio que sirven como apoyo a misiones interplanetarias de naves espaciales, de las observaciones de astronomía de radio y del radar para la exploración del sistema solar y del universo. También sirve de apoyo a misiones en órbitas terrestre y permite el desarrollo, en la tierra, de actividades relacionadas con la seguridad, la salud y la educación, entre otras. Las comunicaciones a través de la DSN son de fundamentales para alcanzar el objetivo de explorar y explotar los recursos del espacio exterior. El objetivo principal de esta investigación es identificar la estructura de las DSN de los países con mayor desarrollo en la materia. Esta fue una investigación cuantitativa, descriptiva con un diseño documental. Los resultados de esta investigación permiten concluir que en los Estados Unidos se está generando el mayor desarrollo de tecnología espacial y de DSN gracias a la incorporación de capital privado. Se debe continuar estudiando y ampliando el conocimiento en el tema dada la importancia para la supervivencia de la humanidad.   As one of several actions to seek the preservation of the human race and its evolution, where climate change has turned into an environmental crisis with irreversible damage in some cases, humanity continues with space exploration and prepares for the exploitation of resources in outer space. The Deep Space Network or DSN (Deep Space Network) for its acronym in English, is an international network of radio antennas that serve as support to interplanetary missions of spacecraft, radio astronomy observations and radar for exploration of the solar system and the universe. It also supports missions in terrestrial orbits and allows the development, on the ground, of activities related to security, health and education, among others. Communications through the DSN are essential to achieve the goal of exploring and exploiting the resources of outer space. The main objective of this research is to identify the structure of the DSN of the most developed countries in the field. This was a quantitative, descriptive investigation with a documentary design. The results of this research allow us to conclude that the United States is generating the greatest development of space technology and DSN thanks to the incorporation of private capital. It should continue to study and expand knowledge on the subject given its importance for the survival of humanity.

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