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Tronchetti, Fabio --- "Legal aspects of space resource utilization" [2015] ELECD 260; in von der Dunk, Frans (ed), "Handbook of Space Law" (Edward Elgar Publishing, 2015) 769

Book Title: Handbook of Space Law

Editor(s): von der Dunk, Frans

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781000359

Section: Chapter 14

Section Title: Legal aspects of space resource utilization

Author(s): Tronchetti, Fabio

Number of pages: 45

Abstract/Description:

Increasingly, it seems to be becoming feasible to use natural resources from outer space, in addition to ‘merely’ using space as an area and/or its physical characteristics such as micro-gravity or orbits and orbital slots for operating satellites. Plans so far concentrate on the moon and asteroids, with other planets as a further possibility, for harvesting highly valuable materials such as Helium-3. Though not yet operational, the potential future value has already raised major discussions in the legal area, firstly as to the legal status of such celestial bodies – common heritage of mankind as per the Moon Agreement? A global commons open to all interested to exploit for their own particular purposes? Following from that discussion, would it be desirable or necessary to develop a specific legal regime – on the international level or on the national level? Would the existing regimes for Antarctica, the ocean floor or the earth orbits offer the most appropriate examples or precedents? And should private appropriation of celestial bodies or parts thereof be allowed, recognized and/or internationally regulated, or do existing regimes sufficiently allow commercial exploitation without private ownership of territory – just as the freedom of the high seas has not prevented fishermen from exploiting the living resources successfully for centuries? Harvesting and using extraterrestrial natural resources has represented a dream of mankind for centuries as well as a favourite topic for science fiction novels. In recent years, these dreams have gotten closer to reality as both governments and private entities have announced ambitious plans involving the extraction and utilization of valuable materials contained in celestial bodies. Although technical and financial obstacles still stand in the way of the actual exploitation of extraterrestrial resources, these plans have caught the fascination of laymen and the media alike. This interest mostly stems from the economic rewards that the use of outer space materials is expected to generate. Apart from the attention raised with the general public, the possibility to exploit the natural resources of the moon and other celestial bodies has generated extensive discussions within the legal community. Such discussions have focused on the modes, forms and purposes of extraterrestrial exploitative activities. At the bottom of the problem lies the fact that the existing international space law rules leave a great deal of uncertainty as to the legal status of celestial bodies’ resources as well as the possibility to mine and use them for commercial reasons. This uncertainty is to be seen as a negative and potentially destabilizing factor for two reasons. First, it may discourage private investors interested in devoting their financial capital to extraterrestrial mining.