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.

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.

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.

The Outer Space Treaty

2018 ◽  
Author(s):  
Christopher Daniel Johnson
Keyword(s):  
Space Debris ◽  
Outer Space ◽  
National Level ◽  
Telecommunications Industry ◽  
The United States ◽  
New Governance ◽  
Small Satellites ◽  
National Space ◽  
Celestial Bodies ◽  
Outer Space Treaty

Negotiated at the United Nations and in force since 1967, the Outer Space Treaty has been ratified by over 100 countries and is the most important and foundational source of space law. The treaty, whose full title is “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies,” governs all of humankind’s activities in outer space, including activities on other celestial bodies and many activities on Earth related to outer space. All space exploration and human spaceflight, planetary sciences, and commercial uses of space—such as the global telecommunications industry and the use of space technologies such as position, navigation, and timing (PNT), take place against the backdrop of the general regulatory framework established in the Outer Space Treaty. A treaty is an international legal instrument which balances rights and obligations between states, and exists as a kind of mutual contract of shared understandings, rights, and responsibilities between them. Negotiated and drafted during the Cold War era of heightened political tensions, the Outer Space Treaty is largely the product of efforts by the United States and the USSR to agree on certain minimum standards and obligations to govern their competition in “conquering” space. Additionally, the Outer Space Treaty is similar to other treaties, including treaties governing the high seas, international airspace, and the Antarctic, all of which govern the behavior of states outside of their national borders. The treaty is brief in nature and only contains 17 articles, and is not comprehensive in addressing and regulating every possible scenario. The negotiating states knew that the Outer Space Treaty could only establish certain foundational concepts such as freedom of access, state responsibility and liability, non-weaponization of space, the treatment of astronauts in distress, and the prohibition of non-appropriation of celestial bodies. Subsequent treaties were to refine these concepts, and national space legislation was to incorporate the treaty’s rights and obligations at the national level. While the treaty is the cornerstone in the regulation of activities in outer space, today the emergence of new issues that were not contemplated at the time of its creation, such as small satellites and megaconstellations, satellite servicing missions, the problem of space debris and the possibility of space debris removal, and the use of lunar and asteroid resources, all stretch the coherence and continuing adequacy of the treaty, and may occasion the need for new governance frameworks.

Formation of a modern international legal concept for the exploration and use of outer space

2021 ◽  
Author(s):  
A. Kapustin ◽  
V. Avhadeev ◽  
A. Golovina ◽  
A. Kashirkina ◽  
E. Kienko ◽  
...  
Keyword(s):  
International Law ◽  
International Cooperation ◽  
International Organizations ◽  
Space Exploration ◽  
Outer Space ◽  
Legal Regulation ◽  
Legal Concept ◽  
International Space ◽  
Space Law ◽  
Space Activities

The exploration and use of outer space, which began in the mid-twentieth century, led to the formation of international space law, designed to regulate the relations of States in this relatively new sphere of human activity. The undulating nature of the development of this branch of international law, for objective reasons, has led to the complication of international legal regulation of space activities. The dynamics of scientific and technological progress and the development of technologies in the space sphere exacerbates competition between space powers and international organizations, creates new challenges for international cooperation in space exploration and requires innovative legal solutions. The doctrine of international law is faced with the task of generalizing new problems and processes and developing conceptual models for the further development of international space law. The dynamics of the conceptual perception of international space law is traced, new theoretical approaches to the concept of the international legal status of outer space and individual regimes and concepts of its use in modern conditions are proposed. Taking into account the trends in the institutionalization of international space activities and the impact of economic integration processes on international cooperation in space, primarily in the Euro-Asian region, the role of international organizations in the international legal regulation of space activities and the harmonization of national legislation is analyzed. In addition, certain aspects of future space exploration are considered as a legal forecast. For researchers, teachers, postgraduates and students, civil servants and practicing lawyers, as well as for anyone interested in the problems of modern international law.

scholarly journals INTERNATIONAL SPACE LAW AND LEGAL ENTITIES

2020 ◽  
Vol 15 (1) ◽  
pp. 59-80
Author(s):  
Galina G. Shinkaretskaia
Keyword(s):  
Multinational Corporations ◽  
Outer Space ◽  
Data Communication ◽  
Legal Regulation ◽  
Artificial Satellites ◽  
Ecological Data ◽  
The Earth ◽  
Space Activity ◽  
Space Law ◽  
Celestial Bodies

From the very beginning of the space activity in the middle of the XX cen tury the whole of it was considered mostly from the point of view of the military use of outer space. The only subjects of the space activity were states. All legal regulation of the activity was formatted by states. Both responsibility and liability for all activity were laid down upon states whoever was busy with the activity. Over time as technology advanced the outer space has become a place of the so calledactionoriented kinds of the use of the space. These are tele- and radio emission; the access to the Web; collection of meteorological and ecological data; communication and traffic, as well as remote sensing of the surface of the Earth and its subsoil. Practically all action-oriented kinds of the use of the space are made by means of the artificial satellites, the number of these active in the space is now estimated as about 2000. The space activity turned out to be quite profitable, so that it became an object of big investments. Naturally significant capitals of private business began to flow into outer space. Multinational corporations got interested in the space activity as well. Lately private companies began to pay attention to comets and asteroids since real technical opportunities appeared to develop their natural resources. A peculiar feature of these celestial bodies is, that some minerals are there quite pure so that the development might be much more profitable than on the Earth. But the consequences of the development are vague. The main document of the space law, the Treaty on the principals of space activity 1967 fully forbids national appropriation of space and celestial bodies.

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.

Israel and the Law of Outer Space

1988 ◽  
Vol 22 (4) ◽  
pp. 457-466
Author(s):  
Bruce A. Hurwitz
Keyword(s):  
Outer Space ◽  
The Moon ◽  
International Space ◽  
Space Law ◽  
Space Objects ◽  
Celestial Bodies ◽  
Practical Effect ◽  
The Law ◽  
International Liability

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.

scholarly journals THE ARTEMIS ACCORDS: EVOLUTION OR REVOLUTION IN INTERNATIONAL SPACE LAW?

2021 ◽  
pp. 1-21
Author(s):  
Rossana Deplano
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Standards ◽  
Adaptive Governance ◽  
International Space ◽  
Space Law ◽  
Celestial Bodies ◽  
Outer Space Treaty ◽  
Human Exploration ◽  
Space Activities

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.

Implications of the Space Agreement; A Critique of the Statement of the American President to Exploit Space Resources

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Athari Farhani
Keyword(s):  
Natural Resources ◽  
Outer Space ◽  
Developed Countries ◽  
The United States ◽  
Limited Resources ◽  
Donald Trump ◽  
American President ◽  
Space Law ◽  
Increasing Demand ◽  
Mining Heritage

Abstract:As the world’s population grows increasing demand for the planet’s limited resources, developed countries begin to explore outer space. One of them is the United States through its president statement Donald Trump who will explore and exploit space resources. While the law of space including natural resources contained therein is a shared heritage of mankind. And whether said activities comply with the current provisions of internaional space law?Keyword:  Outerspace, natural resources, mining, heritage of mankind

The Commercial Exploitation of Outer Space: Issues of Intellectual Property Rights and Liability

1991 ◽  
Vol 4 (2) ◽  
pp. 293-304
Author(s):  
Hanneke van Traa-Engelman
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Outer Space ◽  
National Level ◽  
Business Community ◽  
Commercial Exploitation ◽  
International Space ◽  
Commercial Space ◽  
Space Law ◽  
Space Activities

Rights and obligations connected with intellectual property and liability will influence the commercial exploitation of outer space by private entities. Whilst international space law facilitates private enterprise participation in space endeavour, additional action has been taken, on national as well as multi-national level, to provide the business community with the necessary incentives to play their role in the commercialization of space activities. The situation and legal developments described in this article mark the very beginning of a movement towards the consolidation and diversification of commercial space exploitation.

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