Space resource utilisation and international space law

Transcription

1 Space resource utilisation and international space law Symposium on Legal Aspects of Space Resource Utilisation Tanja Masson-Zwaan Leiden Asst. Professor IIASL / President IISL 17 April 2016

2 Status quo (IISL Board 2009) At present, international space legislation does not include detailed provisions with regard to the exploitation of natural resources of outer space, the moon and other celestial bodies, although it does set down a general framework for the conduct of all space activities, including those of private persons and companies, with respect to such natural resources

3 (cont d) A specific legal regime for the exploitation of resources should be elaborated through the UN, on the basis of present international space law, for the purposes of clarity and legal certainty in the near future

4 Current int l legal regime Outer Space Treaty parties (Moon Agreement 1979) 16 parties (excl. US/LUX) Relevant points regarding space resources Moon/celestial bodies: Non-appropriation (no sovereignty) Space resources: Freedom of use; status extracted resources unclear Private commercial activities: Authorization/supervision by state

5 Outer Space Treaty Art. I: freedom of use & exploration, province of mankind Art. II: non-appropriation Art. III: in accordance with international law Art. IV: peaceful purposes, military use Art. VI: authorization / continuous supervision Art IX: due regard, no harmful interference, harmful contamination Art. XII: stations open on basis of reciprocity, safety precautions

6 How to license a mining company? National law: support industry / ensure compliance with OST Technical capability, safety issues Financial stability Third party liability insurance Non-contamination, debris mitigation Military aspects Accessibility of stations, keep-out zones Due regard for other states interests/activities, protect life/health of persons, Benefits/interests of all states Right to own space resources; when/how is ownership established Dispute settlement, penalties etc.

7 Moon Agreement Only treaty to address commercial use! Art. 6: Right to collect & remove samples, use for support missions in appropriate quantities Make a portion available to scientific community Art. 9: Right to establish stations Use only area that is required, not impede free access Art. 10: Obligation to safeguard/protect life & health of persons on moon; offer shelter Problem: Art. 11(5): Moon & resources are CHM; finds expression in MA / esp. Para. 5: International regime & procedures to be set up as exploitation is about to become feasible

8 Purposes of regime Art. 11(7) Orderly / safe development of resources Rational management Expand opportunities in use Equitable sharing in benefits derived from resources, with special consideration for Interests/needs of developing countries Efforts of states that contributed (in-)directly = International management of use of resources

9 Joint actions parties MA Statement 2008 by states parties to Moon Agreement Stressing benefits of adhering to MA MA does not pre-exclude exploitation by public/private entities, as long as compatible w. CHM requirements Since 2010, 5 new ratifications,1 signature Chile, Romania (S), Morocco, Saudi Arabia, Turkey, Kuwait Forthcoming: Draft Joint Declaration?

10 Ownership : what s the deal? Ownership of celestial bodies is appropriation and is not allowed (nor needed) (OST, MA), but: Could using up an asteroid be appropriation? Do asteroids remain celestial bodies if moved? Ownership of resources in situ is prohibited (MA) Is ownership of extracted resources allowed? Not as long as there is no int l regime; it would render the in situ provision meaningless MA) Yes, it is not explicitly prohibited; freedom of use (OST) Cf. Apollo mission samples, fish in high seas, manganese nodules,

11 Conclusions Current international space law sets down a general framework for conduct of all space activities, including those of private entities It does not include detailed provisions about exploitation / utilisation of space resources National law is created to provide legal certainty to industry USA, LUX Statement IISL Board Dec Now, a more specific legal regime, based on current international space law, is needed The Hague Space Resources Governance WG New item COPUOS LSC 2017!

12 Thank you