A presentation for the British Interplanetary Society regarding the Law of Space Resources.

1. The Law of Space Resources
Adam Manning LL.B., LL.M.

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. The SPACE Project
from the British Interplanetary Society

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. SPACE
LAW
UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS

6. SPACE RESOURCES
USED IN HABITAT CONSTRUCTION

7. SPACE RESOURCES AND SPACE LAW

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. 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. 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. 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. 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. 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. 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. 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!