Legal considerations of space mining

Space mining law is as vast as space, starting with international treaties and evolving into national laws.

Outer Space Treaty

A 1967 pact called the “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies” started outlining the rules of the game for space exploration, including mining.

This UN convention, also known as the Outer Space Treaty, was approved by more than 100 countries, including spacefaring nations like the US, Russia, and China.

The Outer Space Treaty declared celestial bodies and outer space the “province of all mankind” and exempt from “national appropriation.” The treaty did not clarify what constitutes resource exploitation. It did not specify how states or private entities could mine and use space resources.

Moon Agreement

The Moon Agreement, officially titled the “Agreement Governing the Activities of States on the Moon and Other Celestial Bodies,” is an international convention that regulates Moon exploration and utilization.

The Moon Agreement asserted that celestial resources constitute humanity’s legacy, and recommended an international mechanism to identify and govern resource exploitation.

The UN General Assembly adopted the Moon Agreement in 1979 and it took effect in 1984. It expands on the 1967 Outer Space Treaty by defining space resource utilization rules.

The Moon Agreement designates the Moon and other celestial bodies as the “common heritage of mankind.” This ensures that all countries, including those without space capabilities, benefit from space exploration and exploitation.

The accord also calls for an “international regime” to regulate Moon and other celestial body resource extraction when possible. This government would control mining and other activities to serve humanity.

Another key element is the prohibition of national appropriation; it reiterates the Outer Space Treaty’s ban on national claims to celestial bodies.

This prohibition applies also to private entities in the Moon Agreement, unlike the Outer Space Treaty. Due to this condition, the major spacefaring nations such as the US, Russia, and China refuse to ratify the accord.

In furtherance of the Outer Space Treaty, the Moon Agreement restricts military use of the moon. Nuclear and other WMDs are prohibited in orbit around or on the Moon, as are military bases, maneuvers, and fortifications.

Despite its ambitious goals of equitable space resource allocation and peaceful Moon utilization, the Moon Agreement has not been widely implemented. Fewer than twenty states have accepted the accord, and none are spacefaring nations.

The Moon Agreement’s acceptance has also been limited due to fears that the pact could hinder commercial and national space activity. Because of the limited acceptance by the world’s nations, the moon treaty has little effect on international law, and its future is questionable.

Due to gaps in both the Outer Space Treaty and Moon Agreement, scholarly arguments and speculative planning have replaced explicit legislation.

Space exploration has proceeded, of course, but nations are not supposed to claim off-Earth resources for themselves. And since asteroid or space mining was not yet viable, the status quo persisted for decades.

SPACE Act

The need for legal clarification of space treaties was driven by increased technology and private-sector involvement in the early 2000s. In 2015, the United States offered a more comprehensive proposal with the U.S. Commercial Space Launch Competitiveness Act (CSLCA), also known as the “SPACE Act.” Under this act, U.S. citizens and corporations can own, transport, and sell asteroids’ resources.

Whereas the 1967 Outer Space Treaty absolutely prevented countries from claiming celestial bodies, the SPACE Act tried to take a nuanced approach. The statute grants basic property rights over resources extracted from celestial planets by U.S.-based or sponsored entities, but does not allow national sovereignty, exclusive rights, or legal jurisdiction over such resources.

The 2015 SPACE Act was lauded and criticized. Advocates praised it for enabling and promoting the emerging commercial space economy by providing legal guarantee for risky and expensive space mining initiatives.

Critics said the U.S. was unilaterally extending property rights in a region that belonged to everyone, according to international conventions.

President Obama’s signature of the SPACE Act announced the US’s intent to lead space commercialization in response to private enterprises’ increased interest and investment in space resources.

The SPACE Act clarified the legal landscape for these companies and marked a milestone in the ongoing discourse on space mining and resource use legislation.

Luxembourg Space Resources Laws

Luxembourg passed its space resources law in 2017, after the United States passed theirs. Their statute offers Luxembourg firms the extraction rights to resources from space. With this approach, Luxembourg aims to become a European space mining powerhouse.

By passing comprehensive space regulations, this small European nation has attracted investment and creativity in the space mining industry. SpaceResources.lu, a space resource exploration and commercialization organization, launched its legal efforts in 2016.

Another important milestone was the August 1, 2017, Luxembourg “Law on the Exploration and Use of Space Resources.” Under this law, any business company can mine and sell space resources, such as moon water, or materials from asteroids.

Like the United States’ SPACE Act, Luxembourg’s 2015 SPACE Act claims ownership of exploited resources, not sovereignty over the celestial bodies from which they are obtained.

In addition to creating legislative measures, the government of Luxembourg is investing in space mining firms. Government financing and incentives are meant to foster space resource enterprises. They encourage entrepreneurs and startups to establish their European headquarters with a fair regulatory environment and support.

Of course, such laws have sparked European and international debates on space mining legislation. These recent legal frameworks–including Luxembourg’s–have provoked ethical and international law debates. Critics say that the present national legislation conflicts with the Outer Space Treaty, which calls celestial bodies and space the “province of all mankind.”

United Arab Emirates Space Law

UAE also wants to be a big space commercializer. Although less detailed than the U.S. and Luxembourg statutes, the UAE Space Law took effect in 2020, defining the nation’s goals for outer space operations, including space resource use.

UAE has been preparing for its growing space sector. Although the government does not have space mining legislation, its legal framework for space activities sets the scene for future advances.

The 2019 UAE Space Law covers everything from spacecraft manufacturing and launch to celestial body exploration. The law regulates and supports government and private space operations.

It highlights the necessity of following international space law, especially UAE-signed treaties. The law’s main goal is to guarantee that the UAE’s space activities comply with international norms. It governs licensing and monitoring for all UAE-based space operations.

The law doesn’t explicitly address space mining, but may be used in its eventual governance.

The Emirates Mars Mission “Hope Probe,” which entered Mars’ orbit in 2021, shows the UAE’s enthusiasm in space research. This exploration activity and international collaborations suggests the UAE plans to mine asteroids some time in the future.

The UAE is new to space exploration but has farsighted intentions. The UAE’s “Mars 2117 Strategy” plans to establish a human colony on Mars by 2117. Such long-term planning by the UAE suggests that they will consider space mining and resource utilization as part of their civil and military policies.

International Accords

International organizations have joined the effort to clarify space mining legislation. The 2016-founded Hague International Space Resources Governance Working Group seeks to provide “building blocks” for a global space resource framework. Country and company stakeholders are involved in their continuous efforts.

The 2020 Artemis Accords, bilateral space exploration agreements between the United States and various nations, were another major advance in space mining law.

The Artemis accords are mainly focused on lunar exploration, but they also allow “commercial extraction” of lunar resources.

NASA led the negotiations to establish international collaboration and government on the Moon, Mars, and other celestial planets. These discussions raise the possibility that the Artemis Accords could inspire future international space resource exploitation agreements. They create “safe and transparent” space mission criteria based on international law, particularly the 1967 Outer Space Treaty.

Space resource management, including mining, is crucial to the Artemis Accords. The accords clearly allow space resource extraction and use, encouraging commercial exploration and utilization of the Moon, Mars, asteroids, and other celestial bodies.

The Outer Space Treaty states that celestial bodies are the “province of all mankind” and should not be subject to “national appropriation.” However, the Artemis Accords argue that extracting space resources is compatible with the Treaty and necessary for sustainable space exploration.

Transparency and interoperability are also important to the accords. To prevent inadvertent interference or collisions, signatory nations will share scientific data, register space objects, publicly disclose their space policies and goals, and collaborate to construct “safety zones” around celestial activity areas.

Other Artemis Accords goals include deconfliction and collaboration. Signatories cooperate to avoid space and territorial disputes. The goal is to resolve issues diplomatically and cooperatively to keep space peaceful and in accordance with international law.

The Artemis Accords were signed by the US, Australia, Canada, Japan, Luxembourg, Italy, the UK, and the UAE in 2021. Even while they spark disagreement about how to control space exploration and resource extraction, the accords are a major step toward a shared framework.

Conclusion

The space mining legal structure is a patchwork of state laws and international norms without a unified international governance mechanism.

International law outlines equitable usage principles, but numerous details remain. Existing laws have not been tested in court, and future legislation is under debated. As space mining technologies advance, so does space mining law.

The legal foundation provided today will have lasting effects on humanity’s interaction with space as more nations and commercial enterprises explore and exploit the last frontier. Therefore, the following years will be critical in building a legal framework that allows cosmic exploration and ensures ethical behavior.