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 Právní režim přírodních zdrojů na nebeských tělesech

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 153-166
Author(s):  
Šimon Pepřík
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Outer Space ◽  
Point Of View ◽  
The Moon ◽  
International Treaties ◽  
Legal Regime ◽  
Future Developments ◽  
Celestial Bodies ◽  
Outer Space Treaty

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.

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
Keyword(s):  
Natural Resources ◽  
Outer Space ◽  
The United States ◽  
Legal Regulation ◽  
Legal Analysis ◽  
The Moon ◽  
Basic Principles ◽  
International Treaty ◽  
International Space ◽  
Celestial Bodies

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.

India’s Quest for a National Space Law and the Missing Piece of Possessory Rights

2021 ◽  
pp. 097492842110477
Author(s):  
Athar ud din
Keyword(s):  
International Law ◽  
Outer Space ◽  
National Space ◽  
Commercial Use ◽  
Future Space ◽  
Space Law ◽  
Recent Developments ◽  
Celestial Bodies ◽  
Emerging Powers ◽  
Space Activities

As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding commercial use of natural resources in outer space. In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill. This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.

Towards An Ethical Approach To Commercial Space Activities

2011 ◽  
pp. 281-292
Author(s):  
Jacques Arnould
Keyword(s):  
Outer Space ◽  
Orbital Debris ◽  
Earth Space ◽  
Commercial Space ◽  
Ethical Approach ◽  
The Future ◽  
Outer Space Treaty ◽  
Space Activities ◽  
Debris Mitigation ◽  
Future Utilization

This chapter introduces the ethical questioning in the field of space activities, especially space commerce. If the 1967 Outer Space Treaty defines space as the “property of all” and its exploration as the “province of all mankind”, the future utilization of near-Earth (and tomorrow Greater Earth) space needs probably a new ethics (if ethics means not only legal applications but also and for example the application of the “rule of three Ps”: protection, promotion and preparation). Orbital debris mitigation, the International Charter on Space and Major Disasters or, in the future, the safety of private astronauts crews offer lessons in realism and sources of prospective reflections. Space ethics is still in its infancy.

The Outer Space Treaties

1969 ◽  
Vol 73 (705) ◽  
pp. 751-758
Author(s):  
Francis Vallat
Keyword(s):  
United Nations ◽  
Outer Space ◽  
General Assembly ◽  
The Moon ◽  
Celestial Bodies ◽  
The United Nations

In this lecture I intend to talk about two treaties adopted under the auspices of the General Assembly of the United Nations. To give them their full titles, they are the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and other Celestial Bodies and the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. For convenience, I shall call them the Treaty on Outer Space and the Agreement on Rescue and Return.

Contemporary Practice of the United States Interpretation of Treaties

1981 ◽  
Vol 75 (1) ◽  
pp. 147-147
Keyword(s):  
Outer Space ◽  
The United States ◽  
Vienna Convention ◽  
General Counsel ◽  
The Moon ◽  
Customary International Law ◽  
Science Technology ◽  
Celestial Bodies ◽  
Un General Assembly ◽  
Contemporary Practice

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.

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