The problem of the use of natural resources of the Moon and other celestial bodies for commercial purposes

2021 ◽  
pp. 100
Author(s):  
Naser Al Ali

The article deals with modern problems of international legal regulation of the use of natural resources of the Moon and other celestial bodies for commercial purposes. A legal analysis of the provisions of the main space agreements on the legal regime of outer space, including the Moon and other celestial bodies is being carried out. It also analyses the acts adopted unilaterally by the United States, Luxembourg and the UAE on the use of the natural resources of the Moon and other celestial bodies for commercial purposes and their assessment of the compliance with space agreements. Conclusions are made about the need to improve space agreements and the adoption of a new international treaty on the establishment of the international regime for the use of space resources and the creation of an international space authority on the basis of the norms and basic principles of international space law and the concept of the common heritage of mankind.

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.


Author(s):  
Lūcija Strauta ◽  

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.


Author(s):  
Chris Nie

A new era of spaceflight dawned following the conclusion of the United States and Russian space race. This new era has been marked by the design, assembly, and operation of one of the greatest engineering feats mankind has accomplished, the International Space Station (ISS). The ISS is comprised of hundreds of thousands of kilograms of material built on the ground and transported to space for assembly. It houses an artificial atmosphere to sustain life in outer space and has been continually inhabited for over 15 years. This chapter describes the technical complexity of the ISS, the background of how it was assembled, its major systems, details of crew life onboard, commercial usage of the resource, and examples of mishaps that have occurred during the ISS's operation. The technical details of the ISS provide a glimpse into what future space stations that might orbit the Moon and Mars will resemble.


1981 ◽  
Vol 75 (1) ◽  
pp. 147-147

At a hearing on the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the Moon Treaty), adopted by the UN General Assembly on December 5, 1979, which the Subcommittee on Science, Technology, and Space of the Senate Committee on Commerce, Science, and Transportation held on July 29, 1980, S. Neil Hosenball, General Counsel of the National Aeronautics and Space Administration and U.S. representative on the UN Outer Space Legal Subcommittee, stated that interpretation of the Agreement depended upon its negotiating history as required by the Vienna Convention on the Law of Treaties (1969) and by customary international law.


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>


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.


This chapter explains the author's proposal on the necessity of “Establishing a New International Space Agency for Mining the Natural Resources in the Moon, Mars, Asteroid, and Other Celestial Bodies.” The International Space Agency (ISA) will be regarded as a new road for the global space policy and exploitation of the moon and other celestial bodies in the global community. As the moon, Mars, asteroid, Saturn, Jupiter, Titan, and other celestial bodies have a large quantity of the precious natural resources, we must establish a new ISA in order to explore and develop efficiently and effectively the aforementioned minerals. It is necessary for us to establish the ISA so as to work together in union to strengthen cooperation in research and to establish friendly relations for the benefit of mankind. Finally, a very important point is that a political drive, at the highest level, should be given to mobilize states to this initiative, possibly taking the form of a solemn statement by heads of the space superpower countries setting out objectives and prospects for the long term.


Author(s):  
Anne-Sophie Martin

Humans have always looked up at the stars and dreamed about outer space as the final frontier. The launch of the first artificial satellite—Sputnik—in 1957 by the Soviet Union and the first man on the Moon in 1969 represent significant missions in space exploration history. In 1972, Apollo 17 marked the last human program on the lunar surface. Nevertheless, several robotic spacecrafts have traveled to the Moon, such as the Soviet Luna 24 in 1976, and China’s Chang’e 4 in 2019, which was the first time a space vehicle touched down on the Moon’s far side. The international space community is currently assessing a return to the Moon in 2024 and even beyond, in the coming decades, toward the Red Planet, Mars. Robots and rovers (for example Curiosity, Philae, Rosetta, and Perseverance) will continue to play a major role in space exploration by paving the way for future long-duration missions on celestial bodies. It is still impossible to land humans on Mars or on other celestial bodies because there are significant challenges to overcome from technological and physiological perspectives. Therefore, the support of machines and artificial intelligence is essential for developing future deep space programs as well as to reach a sustainable space exploration. One can imagine a future scenario where robots and humans collaborate on the Moon’s surface or on celestial bodies to undertake scientific research, to extract and to analyze space resources for a possible in situ utilization, as well as to build sites for human habitation and work. The principles of free exploration and cooperation are core elements in the international space legal framework as mentioned in Article I of 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. In this context of new ‘robots–humans’ cooperation, it is also necessary to consider the provisions of the 1972 Convention on the International Liability for Damage Caused by Space Objects, the 1975 Convention on Registration of Objects Launched into Outer Space, the 1968 Agreement of the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as some recent international agreements signed for future Moon missions given their significant importance for space exploration.


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.


1988 ◽  
Vol 22 (4) ◽  
pp. 457-466
Author(s):  
Bruce A. Hurwitz

With the launching of Israel's first satellite, Offeq–1, on September 19, 1988, Israel's commitments in international space law came into practical effect. Specifically, Israel is bound through ratification to 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; the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space; and the 1972 Convention on International Liability for Damage Caused by Space Objects. Two additional treaties, the 1975 Convention on Registration of Objects Launched Into Outer Space, and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, have yet to be signed or ratified by Israel.


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