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The Law of Space Resources

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The Law of Space Resources

  1. 1. The Law of Space Resources Adam Manning LL.B., LL.M.
  2. 2. Adam Manning LL.B., LL.M. Civil Litigation Solicitor • Environmentalism – Friends of Weston Shore – Green Hampshire • Space Settlement – The SPACE Project • Cosmo-ecology – The radiation of life from Earth out into the cosmos • Transhumanism
  3. 3. The SPACE Project from the British Interplanetary Society
  4. 4. The SPACE Project A study project for the British Interplanetary Society Lead by Jerry Stone. Examining the work from the 1970s of Dr Gerard O’Neill and his colleagues regarding the large scale settlement of space and the construction of large space habitats. Adopting a multi-disciplinary approach.
  5. 5. SPACE LAW UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS
  6. 6. SPACE RESOURCES USED IN HABITAT CONSTRUCTION
  7. 7. SPACE RESOURCES AND SPACE LAW
  8. 8. THE LAW OF SPACE RESOURCES HISTORICAL CONTEXT “cuius est solum, eius est usque ad coelum et ad inferos” A common law principle that fell into decline with the invention of aircraft. Also see Arthur C. Clarke’s article for the British Interplanetary Society, “The Challenge of the Spaceship: Astronautics and its Impact on Human Society” (1948) and the Civil Aviation Act 1982.
  9. 9. THE SPACE AGE The beginning of the Space Age suggested that a regulatory regime was required to manage the exploration of Outer Space. The United Nations became the natural focus for these efforts. This was coupled with disarmament talks between the USA and USSR, particularly after the Cuban Missile Crisis. The successful Antarctica Treaty System can be viewed as a model for the regulation of space exploration and exploitation.
  10. 10. THE OUTER SPACE TREATY 1967 The preamble mentions the common interest of all mankind in exploring space and that this should be for the benefit of all peoples regardless of economic development. Article 1 – The exploration and use of space shall be the common province of all mankind. Article 2 – Prohibits claims for national sovereignty. Article 6 – State liability for non-governmental entities. Article 12 – Installations on celestial bodies open for inspection.
  11. 11. THE MOON AGREEMENT 1979 This Treaty gained support from developing countries. It develops the principles found in the Outer Space Treaty. Article 4 – The exploration and use of the Moon shall be the province of all mankind and carried out for the benefit of all countries. Article 7 – State parties must take measures to prevent disruption of the “existing balance of” the environment of the Moon. Article 11 –The Moon and all other resources of space are the common heritage of mankind. An international regime will be created which will manage the use and exploitation of space resources.
  12. 12. THE MOON AGREEMENT 1979 ARTICLE 11 – INTERNATIONAL REGIME Para 1 – The Moon and its natural resources are the common heritage of mankind. Para 3 – Prohibits ownership of the surface, subsurface or any of the natural resources of the Moon. The use of space resources has to be in compliance with an international regime. This has a number of principles including: a. safe and orderly development and rational management; b. expansion of opportunities to use these resources; and c. equitable sharing with all states of the benefits of using these resources, with consideration for developing countries.
  13. 13. THE COMMON HERITAGE OF MANKIND (“CHM”) The CHM principle has been referred to as a revolution and as the most important legal principle for thousands of years. It is often attributed to a Maltese Ambassador named Arvin Pardo in 1967 in connection with the Law of the Sea. It can also be found in a letter from Ralph Smith, in the Journal of the British Interplanetary Society in 1949.
  14. 14. THE LAW OF SPACE RESOURCES – A FUTURE? New American legislation seeks to promote the exploitation of space resources but has to do so in compliance with international law. Working towards an international regime that promotes the Common Heritage of Mankind principle. The International Seabed Authority could give insight into this.
  15. 15. A SOLAR SYSTEM WIDE SOCIETY The full implementation of the CHM principle could involve the creation of a Common Heritage Assembly, in which members meet and take decisions without reference to their national origins. The Common Heritage Principle has the potential to play a role in Space Law similar to the Prime Directive in Star Trek!

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