Outer Space Mining and the Future of Space Law
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Authors
Hannon, Timothy Patrick
Issue Date
2022
Type
Thesis
Language
Keywords
Maritime Law , Outer Space Law , Outer Space Mining
Alternative Title
Abstract
The Outer Space Treaty [OST] was a product of the Cold War. OST prohibits appropriation of celestial bodies. Although appropriation and celestial bodies are not defined, it has been assumed that the OST prohibits mining in Outer Space.Technology has developed since the OST was proposed and adopted in 1967. Space mining was not seriously contemplated then. Space mining on the Moon and asteroids will soon become technically possible. Frozen water on the Moon could be used for travel to Mars. Asteroids contain Rare Earth Elements [REE] necessary for computer chips and other advance technologies. Acquisition and transportation of REEs is currently cost prohibitive, but spacefaring nations continue to explore these possibilities.Spacefaring nations are ignoring OST. At best, these spacefaring nations desire to amend the OST. Non-spacefaring nations are content with the status quo unless they are allowed to share in the bounty of space mining. Various legal theories have attempted to bridge the gap between the spacefaring and non-spacefaring nations. This paper reviews these legal theories and attempts to offer a solution between two competing interests in space mining.