Veterans and new powers, as well as private companies, turned their attention to space resourcesespecially in minerals.
Veteran and new space powers, as well as private companies, have turned their attention to space resources, especially minerals. Without going any further, companies like launch American AstroForge is committed to space mining on asteroids. And in the Artemis program, led by NASA, they propose using these resources in space itself to obtain fuel and raw materials from which to build structures.
In order to legitimize their aspirations, there is a legal development at the national and international level that seems to contradict the principles on which space law has been based until now.
In addition to legal regulation, these activities also present important social, economic and environmental challenges, including the distribution of benefits, the role of the private sector, their impact on the global economy, the sustainability of space activities or environmental protection. and terrestrial.
Has the Space Treaty become obsolete?
The 1967 Outer Space Treaty was the first binding international legal instrument of space law and established its basic principles. It was negotiated in the United Nations Commission on the Peaceful Uses of Outer Space (COPUOS), the forum in which space law has historically developed. It has a large number of treaty states, including major space powers.
As a result, space was declared open to exploration, exploitation and scientific research by all nations without discrimination. These activities must also be carried out for the benefit and interest of all countries, regardless of their level of economic and scientific development.
At the same time, in accordance with Article II, this space may not be subject to national appropriation by reason of claim to sovereignty, use or occupation, or in any other way.
National laws enabling the appropriation of space resources
The wording of Article II of the Outer Space Treaty appears to leave little room for interpretation. However, in recent years, several states have adopted national laws that legitimize the use of space resources and allow their appropriation.
A good example is The law of space American, adopted in 2015 under the presidency of Barak Obama. It grants every US citizen the right to any acquired space resource, including its possession, ownership, transportation, use, and sale. Try to make it clear that you are not asserting sovereignty, sovereign or exclusive rights, jurisdiction or ownership over any celestial body. A similar Luxembourg law from 2017 grants similar rights to companies based in that country.
In October 2020, eight states, led by the United States, signed the Artemis Accords. Twenty more countries have since joined, including Spain. It is not directly an international treaty and is therefore not technically binding. However, they envisage using space resources to support space exploration activities under NASA’s Artemis program.
They attempt to justify its compatibility with the Outer Space Treaty by stating that the extraction of space resources would not inherently constitute national resources under its Article II.
In the same vein, the executive order passed by former President Donald Trump in April 2020 has already justified the right to explore, recover and use space resources in the possibility they provide for exploration, permanent residence and successful scientific research on the Moon. mission to mars.
The aforementioned national laws, as well as the Artemis Agreements, seek to legitimize the controversial interpretation of Article II of the Outer Space Treaty, which distinguishes the appropriation or declaration of sovereignty over celestial bodies – which would be prohibited – from the appropriation or declaration of sovereignty over celestial bodies – which would be prohibited – from their natural resources – which would be allowed and included in the freedom of use and exploration of space.
This interpretation is seen by many as contrary to the spirit of the Space Treaty and others such as the Moon Treaty of 1979. This contains a formulation of the principle of non-appropriation, similar to that of the Space Treaty, and expressly declared the Moon and its resources to be natural. the common heritage of mankind.
States have also committed to creating an international regime for the use of these resources. But the Moon Treaty has only 17 contracting states, which do not include major space powers.
The need for a global and inclusive discussion
More recent – albeit non-binding – legal developments, such as the “Space2030” Agenda adopted by the United Nations General Assembly in 2021, aim to steer space activities towards greater sustainability and international cooperation. Within COPUOS, possible models of legal rules applicable to the exploration, use and exploitation of space resources are also being studied.
We hope that these initiatives will help guide the use of space resources in a multilateral and inclusive manner for the benefit of all.
Laura Movilla Pateiro, Area of Public International Law and International Relations, Universidade de Vigo
This article was originally published on The Conversation. Read the original.
