The Space Pioneer Act - PowerPoint

Asteroid mining has been a focus of a number of studies in the fields of future studies, law economics, as well as geology, and robotics. Legal aspects of space mining have been and still are a topic of many academic debates, as well as proceedings of the UNOOSA. Vagueness and the idea of Common Heritage of Mankind were the main reasons of the rejection of the The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, which provisions included the would to be foundations of a new space exploration and exploitation regime. Although state parties are taking advantage of the “province of mankind”, and intend to use their national regulations as lex specialis, there is a need for a global framework, binding all space mining parties. This is due to the plurality of models being developed by state parties and space involved NGOs, where one state could base it’s model on XIX century whaling, with “miners-keepers” as a principle, the other on the Great Mining Act model, involving staking claims or otherwise marking exclusivity prior to landing a mining craft. That is why there needs to be an international, intergovernmental or interagency cooperation, in order to make asteroid mining risk and conflict free, as well as maintaining a healthy economic environment in the NewSpace era. This paper focuses on possible models of international framework for mining asteroids, that would be the most reasonable, both for the miners based in developed countries, as well as include the incentive for mining contractors and III and IV tier companies from developing countries.

“Space: The Final Frontier.” While that phrase has been a call to arms for generations of science fiction fans and space enthusiasts to look up at the night sky in wonder and amazement, it has increasingly become a siren call for private space pioneers. Since man first went to space, humankind has been pushing the boundaries of experimentation, research, and exploration into the cosmos. Even though Earth’s supply of certain rare and precious metals may be reaching depletion, researchers have found that asteroids are likely to contain vast quantities of these resources. Today, several companies are attempting to tap into this potential wealth of resources for use, both on Earth and in space. Before these companies can begin mining, however, stronger property laws are needed to ensure the Asteroid Belt of our solar system is not described as the next California Gold Rush. This Article argues that the international community must be united on the policies and customs surrounding property ownership in space so these mining operations can be performed in a peaceful and safe manner.

How will extraterrestrial operations be governed? So far, trips off-planet have been temporary. As humans move farther out into space, some are going to stay there. They will live, have children, age, and die. They will do this in structures that may attempt to apply the laws of several states, and on properties that currently have the status of the common heritage of mankind. In these locations, including planetary surfaces, lunar bases, asteroids, comets, and

8 TH EUROPEAN CONFERENCE FOR AERONAUTICS AND SPACE SCIENCES (EUCASS)

Space debris presents an emerging “tragedy of the commons”, posing hazards to the access, use, exploitation and exploration of space. We recommend a model addressing this issue and qualify debris as abiotic space resources and argue that it can be recycled and converted into fuel for other space ventures such as producing metal for on-orbit 3D printing. This could produce a commercially viable solution for incentivizing debris removal. We acknowledge mandatory property insurance and absolute third party liability insurance, both in orbit, to fund such operations through insurance salvage clauses facilitating title claim and sustain return on investment.

Case Western Reserve Journal of International Law, 2019

Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. Although the Outer Space Treaty’s “non-appropriation” principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.