Regulation of Commercial Mining of Space Resources at National and International Level: An Analysis of the 1979 Moon Agreement and the National Law Approach

摘要

There has been a growing interest in the possibility of mining and utilising space resources, as the celestial bodies within the Solar System seems to contain a significant supply of valuable minerals, both for their use on Earth and in situ. Private companies and States have announced ambitious plans to mine the Moon and near-Earth asteroids and the first missions to scout the Moon in search of natural resources have already been launched. While the advantage to extract and utilise resources in space is economically indisputable, the biggest obstacle seems to be the lack of clear international rules regulating the commercial utilisation of space resources, as private companies and investors need the security of an adequate legal framework, compatible with existing principles of international law, to undertake space mining activities. The Outer Space Treaty provides the current legal framework for the exploration and use of outer space, the Moon and other celestial bodies, despite the absence of serious consideration of exploitation of space resources. In its turn, the Moon Agreement reaffirms the provisions of the OST and extends them as to impose specific obligations of parties undertaking the exploitation of space resources. However, due to its controversial nature, the MA has only been ratified by a limited number of States and it does not solve the gaps left open to interpretation by the OST. Consequently, to provide further legal certainty, States have decided to adopt national legislation to define the conditions for authorisation and to create a procedure for obtaining licences for space mining activities. The unilateral approach certainty promotes national interests and encourages private operators, but it comes with the risk of creating instability and international discord. This paper analyses the current legal framework for the exploitation of space resources, both at international and national level. First, it focuses on the relevant provisions of the O