The Exploitation of Natural Resources of the Moon and Other Celestial Bodies

Tronchetti, F

doi:10.1163/ej.9789004175358.i-382

Cited by 39 publications

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“…Facing the contemporary challenge posed by US policy is no different and our debates must, once again, return to these questions. (Tronchetti 2009:92, Taylor 1998: chapter 6, Noyes 2012. This is two months before Arvid Pardo, Ambassador of Malta, made his famous speech to the UNGA describing the sea bed as the common heritage of mankind.…”

Section: Article IIImentioning

confidence: 99%

“…In the context of broader debates developing around a NIEO, the later opposition was premised on a concern that common heritage prescribed the 'socialisation of the moon' to the detriment of the USA and the world. The USSR, in this same context, began with entrenched opposition to the term itself but grew less hostile after 1978 (Tronchetti 2009:41, Baslar 1990. The arguments were informed, in part, by arguments about similar explicit provisions concerning exploitation of the deep sea bed resources for the benefit of all in UNCLOS III, the law of the sea convention, and also those concerning mineral exploitation and environmental protection in Antarctica (Heim 1990:819).…”

Section: )mentioning

confidence: 99%

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Outer space and neo-colonial injustice

Sutch

Roberts

2019

IJSE

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Purpose Recent developments in US rhetoric and policy advocating the militarisation and marketisation of outer space challenge the global commons values and regimes that developed partly in response to decolonisation. These regimes embodied aspirations to post-colonial distributive justice, as well as to international management for peaceful purposes. The purpose of this paper is to argue that global commons values should be defended against these challenges in order to avoid the risk of exporting colonial legacies of injustice into outer space. Design/methodology/approach This paper is an exercise in normative International Political Theory and so develops normative arguments by drawing on approaches in political theory and international law. Findings This paper demonstrates that the commons values endorsed in the aftermath of colonialism retain their relevance in a global politics that remains structured by post-colonial power relations. This paper also demonstrates that these commons values have evolved and found expression in central elements of international law, persisting as resources to be drawn on in normative argument. Originality/value This study places recent moves to assert US hegemony in space in the context of persistent post-colonial power relations and develops novel arguments in renewed support of commons values.

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Section: Article IIImentioning

confidence: 99%

Section: )mentioning

confidence: 99%

Outer space and neo-colonial injustice

Sutch

Roberts

2019

IJSE

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“…5 The fifth treaty developed in the bosom of COPUOS, however, the 1979 Moon Agreement, is generally seen as a failure due to its low overall level of participation and the total absence of major spacefaring countries among the ratifying states. 6 Drafted in an effort to regulate soon-to-be expected commercial exploitation of lunar resources, it came up with the baselines for a regime that many leading space nations considered to be obstructive to any such commercial exploitation, even if undertaken by bona fide companies, and hence unacceptable to-in particular-free market economies (Tronchetti, 2009(Tronchetti, , 2015.…”

Section: International Satellite Law International Space Law and Gementioning

confidence: 99%

International Satellite Law

Dunk¹

2019

Oxford Research Encyclopedia of Planetary Science

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International satellite law can best be described as that subset of international space law that addresses the operations of satellites in orbit around the Earth. Excluding, therefore, topics such as manned space flight, suborbital space operations, and any activities beyond Earth orbits, this means addressing the use of satellites for telecommunications purposes, for Earth observation and remote sensing, and for positioning, timing, and navigation. These three major sectors of space activities are, in addition to jointly being subject to the body of international space law, each subject to their specific dedicated legal regime—international satellite communications law, international satellite remote sensing law, and international satellite navigation law.

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“…The lack of support of states for the Moon Treaty signifies that even establishing a new legally binding instrument can have an extremely limited role in resolving international tensions and controversies. In this context it is worth taking into account the experience 31 and wisdom of the development of space law in the last 40 years. Noticing a lack of consensus for new treaties and the lack of success of the Moon Treaty means this branch of international law has been steadily developed through soft law instruments.34 Transplanting the discussion of the MGR package to the governance of space mining resources allows for several proposals.…”

Section: Space Mining Governance From the Perspective Of Internationamentioning

confidence: 99%

Space Mining Governance from the Perspective of International Consultations with regard to Marine Genetic Resources and the Multilateralism-Unilateralism Dichotomy – Preliminary Considerations

Kułaga

2018

PRIEL

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The 50 th anniversary of the constitution of international space law – 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (hereinafter Outer Space Treaty) coincided with enacting legislation regarding the commercial use of the space resources by the United States in November 2015 and preparation of an analogical act on the other side of the Atlantic, in Luxemburg. These domestic initiatives commenced an intensive discussion with regard to its legality, legitimacy and suitability. Until now the debate related to exploitation of the space natural resources was to large extend concentrated on the interpretation of fundamental customary and Outer Space treaty principles and did not take into account new scientific tools, which can significantly contribute to the assessment of the space mining governance. As first such a instrument – this article recognizes current international consultations on the marine genetic resources aimed at creation of new international regime, which can have several important similarities with the space law resources regime. As the second instrument – this article identifies multilateralism-unilateralism dichotomy, which have practical implications for process of finding international framework relating to space mining. The issue of space mining is the subject of discussion on international fora. In particular from March 2017 it started to be discussed by the COPUOS Legal Subcommittee. The outer space technologies constitute a sector of global economy, which is considered as the most prospective one. According to European Commission “The space sector is both a driver to scientific progress and enables systems and services with growth potential (…) These systems and services (…) help us to address major societal challenges such as climate change, scarce resources. health, or the ageing of our population. (…) They stimulate innovation and competitiveness well beyond the space sector, and contribute to economic growth and job creation in almost all economic areas”. This assessment is supported by figures. According to European Space Agency: “In 2015, the global space economy maintained its long-term growth trend, expanding from 14% compared to 2014 and totaling 291.4 billion of euro. Thus, proposing new scientific instruments for international community aiming at evaluation of the space mining will constitute a valuable tool in the search for appropriate model of governance in this regard.The 50 th anniversary of the constitution of internationalspace law – 1967 Treaty on Principles Governing the Activities of Statesin the Exploration and Use of Outer Space, including the Moon andOther Celestial Bodies (hereinafter Outer Space Treaty) coincided withenacting legislation regarding the commercial use of the space resources bythe United States in November 2015 and preparation of an analogical acton the other side of the Atlantic, in Luxemburg. These domestic initiativescommenced an intensive discussion with regard to its legality, legitimacyand suitability. Until now the debate related to exploitation of the spacenatural resources was to large extend concentrated on the interpretationof fundamental customary and Outer Space treaty principles anddid not take into account new scientific tools, which can significantlycontribute to the assessment of the space mining governance. As first such* Assistant professor, Faculty of Law and Administration, Cardinal Stefan WyszyńskiUniversity in Warsaw.66Łukasz Kułagaa instrument – this article recognizes current international consultationson the marine genetic resources aimed at creation of new internationalregime, which can have several important similarities with the spacelaw resources regime. As the second instrument – this article identifiesmultilateralism-unilateralism dichotomy, which have practical implicationsfor process of finding international framework relating to space mining.The issue of space mining is the subject of discussion on internationalfora. In particular from March 2017 it started to be discussed by the COPUOSLegal Subcommittee. The outer space technologies constitute a sectorof global economy, which is considered as the most prospective one. Accordingto European Commission “The space sector is both a driver to scientificprogress and enables systems and services with growth potential (…) Thesesystems and services (…) help us to address major societal challenges suchas climate change, scarce resources. health, or the ageing of our population.(…) They stimulate innovation and competitiveness well beyond the spacesector, and contribute to economic growth and job creation in almostall economic areas”. This assessment is supported by figures. Accordingto European Space Agency: “In 2015, the global space economy maintainedits long-term growth trend, expanding from 14% compared to 2014 andtotaling 291.4 billion of euro. Thus, proposing new scientific instrumentsfor international community aiming at evaluation of the space mining willconstitute a valuable tool in the search for appropriate model of governancein this regard

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The Exploitation of Natural Resources of the Moon and Other Celestial Bodies

Cited by 39 publications

References 0 publications

Outer space and neo-colonial injustice

Outer space and neo-colonial injustice

International Satellite Law

Space Mining Governance from the Perspective of International Consultations with regard to Marine Genetic Resources and the Multilateralism-Unilateralism Dichotomy – Preliminary Considerations

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