The principle of non-appropriation of territory enshrined in the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space (Outer Space Treaty) and the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement), has thus far stood the test of time and received little criticism by states as neither the technology nor the costs made the appropriation of resources in space was feasible. However, the promulgation of the Artemis Accords has renewed concerns about the legality of mining in space. Relatively recent developments in domestic law and international law, such as Japan, India, Luxembourg, and the United States taking proactive measures to enable the mining of resources, along with the promulgation of the Artemis Accords as a new framework for governing the extraction of space resources, have renewed concerns about the legality of mining in space. Furthermore, renewed competition between China, Russia and the United States has rendered the global order more unstable. In such a volatile climate, where technological progress has gone hand in hand with nations’ competing political and economic ambitions, there is an urgent need to precisely assess the permissibility of mining celestial bodies in space. In this chapter, the author explores how space mining can be regulated sustainably under international law. The chapter explores the relationship between the principles of non-appropriation and the principle of outer space being a part of the global commons from the perspective of the rules of interpretation of treaties. Based on such conjoint reading of distinct but related sources of applicable international law, the chapter also revisits the meaning of terms such as ownership” with reference to jurisprudence under the law of the sea.

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Mining in the Province of All Mankind: Analysing Legality with Reference to Treaties and Their Interpretation

  • Pranav Satyanath,
  • G. V. Ashok

摘要

The principle of non-appropriation of territory enshrined in the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space (Outer Space Treaty) and the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement), has thus far stood the test of time and received little criticism by states as neither the technology nor the costs made the appropriation of resources in space was feasible. However, the promulgation of the Artemis Accords has renewed concerns about the legality of mining in space. Relatively recent developments in domestic law and international law, such as Japan, India, Luxembourg, and the United States taking proactive measures to enable the mining of resources, along with the promulgation of the Artemis Accords as a new framework for governing the extraction of space resources, have renewed concerns about the legality of mining in space. Furthermore, renewed competition between China, Russia and the United States has rendered the global order more unstable. In such a volatile climate, where technological progress has gone hand in hand with nations’ competing political and economic ambitions, there is an urgent need to precisely assess the permissibility of mining celestial bodies in space. In this chapter, the author explores how space mining can be regulated sustainably under international law. The chapter explores the relationship between the principles of non-appropriation and the principle of outer space being a part of the global commons from the perspective of the rules of interpretation of treaties. Based on such conjoint reading of distinct but related sources of applicable international law, the chapter also revisits the meaning of terms such as ownership” with reference to jurisprudence under the law of the sea.