AEROSPACE CHINA ›› 2025, Vol. 26 ›› Issue (2): 55-68.doi: 10.3969/j.issn.1671-0940.2025.02.007
• SPECIAL ISSUE: PEACEFUL USES OF OUTER SPACE & SPCAE LAW • Previous Articles Next Articles
Kassim B. Kipanga, Taw-Wong Youyod
Published:
2025-08-26
Kassim B. Kipanga, Taw-Wong Youyod. Ownership of Mineral Resources in Outer Space[J]. AEROSPACE CHINA, 2025, 26(2): 55-68.
[1] General Assembly resolution2222 (XXI) of 19 December 1966. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies: The Outer Space Treaty provides the basic framework on international space law, including the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means; States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner; the Moon and other celestial bodies shall be used exclusively for peaceful purposes; astronauts shall be regarded as the envoys of mankind; States shall be responsible for national space activities whether carried out by governmental or non-governmental entities; States shall be liable for damage caused by their space objects; and States shall avoid harmful contamination of space and celestial bodies. -see Resolutions adopted on General Assembly-Twenty-first Session, Agenda items 30, 89 and 91, document A/6431. [2] General Assembly resolution2345 (XXII) of 19 December 1967. Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space: The Rescue Agreement provides that States shall take all possible steps to rescue and assist astronauts in distress and promptly return them to the launching State, and that States shall, upon request, provide assistance to launching States in recovering space objects that return to Earth outside the territory of the Launching State. -see Resolutions adopted on General Assembly-Twenty-second Session, Annexes, Agenda item 32, document A/6804/Add.1. [3] General Assembly resolution2777 (XXVI) of 29 November 1971. Convention on International Liability for Damage Caused by Space Objects: The Liability Convention provides that a launching State shall be absolutely liable to pay compensation for damage caused by its space objects on the surface of the Earth or to aircraft, and liable for damage due to its faults in space. The Convention also provides for procedures for the settlement of claims for damages. -See Resolutions adopted on General Assembly-Twenty-sixth Session, Supplement No. 20 (A/8420). [4] General Assembly resolution3235 (XXIX) of 12 November 1974. Convention on Registration of Objects Launched into Outer Space: The Registration Convention provided States with a means to assist in the identification of space objects, the Registration Convention expanded the scope of the United Nations Register of Objects Launched into Outer Space and addressed issues relating to States Parties responsibilities concerning their space objects. -see Resolutions adopted on General Assembly-Twenty-ninth Session, Supplement No. 20 (A/9620). [5] General Assembly resolution 34/68 of 5 December1979. Agreement Governing the Activities of States on the Moon and Other Celestial Bodies: The Moon Agreement reaffirms and elaborates on many of the provisions of the Outer Space Treaty as applied to the Moon and other celestial bodies, providing that those bodies should be used exclusively for peaceful purposes, that their environments should not be disrupted, that the United Nations should be informed of the location and purpose of any station established on those bodies. In addition, the Agreement provides that the Moon and its natural resources are the common heritage of mankind and that an international regime should be established to govern the exploitation of such resources when such exploitation is about to become feasible. -see Resolutions adopted on General Assembly- Thirty-fourth Session, Supplement No. 20 (A/34/20), annex II. [6] Dobrijevic D, May A. The Kármán Line: Where does space begin?[EB/OL]. https://www.space.com/karman-line-where-does-space-begin, November 14, 2022 (accessed 16.09.2023). [7] Sanders G.Space resource utilization and human exploration of space[EB/OL]. https://ntrs.nasa.gov/api/citations/20150003498/downloads/20150003498.pdf 1, May x, 2015 (accessed 01.10.2023) [8] Mulko M. Asteroids near Earth: are we in danger?[EB/OL]. https://interestingengineering.com/science/asteroids-near-earth-are-we-in-danger, 2022 (accessed 26.09.2023). [9] David Sarnackt.“Property Rights in Space: Asteroids Mining."[J]. Texas A&M J. of Real Property Law ,Vol. 2, pp.58-64, 2014. [10] Choi C Q. (2023). The moon: Everything you need to know about Earth's companion[EB/OL]. https://www.space.com/55-earths-moon-formation-composition-and-orbit.html, May 23, 2023 (accessed 16.09.2023). [11] Williams J. How many countries have been to the Moon? [EB/OL]. https://starlust.org/countries-that-have-been-to-the-moon/, July 1, 2023 (accessed 29.09.2023). [12] Wattles J.(2023). Here’s what India’s historic lunar lander found on the moon — and what’s next[EB/OL]. https://edition.cnn.com/2023/09/07/world/india-lunar-lander-chandryaan-mission-obit-scn/index.html, September 7, 2023 (accessed 27.09.2023) [13] United Nations Office of Outer Space Affairs. Space Law[EB/OL]. https://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html (accessed 30.09.2023). [14] Statute of the International Court of Justice art. 38, June 26, 1945, 59 Stat. 1055, 33 U.N.T.S. 993. [15] A country is commonly referred to as a “state” under international law. Public international law concerns state-to-state relations and intergovernmental bodies [16] General Assembly resolution2222 (XXI) of 19 December 1966. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies: The Outer Space Treaty provides the basic framework on international space law, including the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means; States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner; the Moon and other celestial bodies shall be used exclusively for peaceful purposes; astronauts shall be regarded as the envoys of mankind; States shall be responsible for national space activities whether carried out by governmental or non-governmental entities; States shall be liable for damage caused by their space objects; and States shall avoid harmful contamination of space and celestial bodies. -see Resolutions adopted on General Assembly-Twenty-first Session, Agenda items 30, 89 and 91, document A/6431. [17] General Assembly resolution2345 (XXII) of 19 December 1967. Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space: The Rescue Agreement provides that States shall take all possible steps to rescue and assist astronauts in distress and promptly return them to the launching State, and that States shall, upon request, provide assistance to launching States in recovering space objects that return to Earth outside the territory of the Launching State. -see Resolutions adopted on General Assembly-Twenty-second Session, Annexes, Agenda item 32, document A/6804/Add.1. [18] General Assembly resolution2777 (XXVI) of 29 November 1971. Convention on International Liability for Damage Caused by Space Objects: The Liability Convention provides that a launching State shall be absolutely liable to pay compensation for damage caused by its space objects on the surface of the Earth or to aircraft, and liable for damage due to its faults in space. The Convention also provides for procedures for the settlement of claims for damages. -See Resolutions adopted on General Assembly-Twenty-sixth Session, Supplement No. 20 (A/8420). [19] General Assembly resolution3235 (XXIX) of 12 November 1974. Convention on Registration of Objects Launched into Outer Space: The Registration Convention provided States with a means to assist in the identification of space objects, the Registration Convention expanded the scope of the United Nations Register of Objects Launched into Outer Space and addressed issues relating to States Parties responsibilities concerning their space objects. -see Resolutions adopted on General Assembly-Twenty-ninth Session, Supplement No. 20 (A/9620). [20] General Assembly resolution 34/68 of 5 December1979. Agreement Governing the Activities of States on the Moon and Other Celestial Bodies: The Moon Agreement reaffirms and elaborates on many of the provisions of the Outer Space Treaty as applied to the Moon and other celestial bodies, providing that those bodies should be used exclusively for peaceful purposes, that their environments should not be disrupted, that the United Nations should be informed of the location and purpose of any station established on those bodies. In addition, the Agreement provides that the Moon and its natural resources are the common heritage of mankind and that an international regime should be established to govern the exploitation of such resources when such exploitation is about to become feasible. -see Resolutions adopted on General Assembly- Thirty-fourth Session, Supplement No. 20 (A/34/20), annex II. [21] UNOOSA is a part of the United Nations Secretariat. UNOOSA also assists any United Nations Member States in establishing legal and regulatory frameworks to govern space activities and strengthens the capacity of developing countries to use space science technology and applications, as well as responsible for maintaining the United Nations Register of Objects Launched into Outer Space. [22] Ibid. 19 [23] Rishiraj Baruah.“Sustainable Space Exploration and Use: Space Mining in Present and Future Perspective"[A] presented at the 67th IAC, Jerusalem, Israel, 2015. [24] Blount P J, Robison C.One Small Step: The Impact of the U.S. Commercial Space Launch Competitiveness Act of 2015 on The Exploitation of Resources in Outer Space[J]. North Carolina Journal of Law & Technology, 2016, 18(2): 160-186. [25] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, art. I, Jan. 27, 1967, 610 U.N.T.S. 205, 18 U.S.T. 2410 [26] Ibid [27] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, art. II, Jan. 27, 1967, 610 U.N.T.S. 205, 18 U.S.T. 2410 [28] Ibid. 30 [29] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, art. IX, Jan. 27, 1967, 610 U.N.T.S. 205, 18 U.S.T. 2410 [30] Wedenig S M.(2023). The Moon Agreement: Hanging by a Thread?[EB/OL]. https://www.mcgill.ca/iasl/article/moon-agreement-hanging-thread, January 2023 (accessed 03.10.2023) [31] Agreement governing the Activities of States on the Moon and Other Celestial Bodies, art. 11, Dec. 5, 1979, 1363 U.N.T.S. 21 [32] “Status of International Agreements relating to activities in outer space as at 1 January2023” , (Vienna, Committee on the Peaceful Uses of Outer Space,2023), https://www.unoosa.org/res/oosadoc/data/documents/2023/aac_105c_22023crp/aac_105c_22023crp_3_0_html/AC105_C2_2023_CRP03E.pdf [33] Ibid [34] Hedges L.How the Rest was won: Creating a Universally Beneficial Legal Regime for Space-Based Natural Resources Utilization[J]. Vermont Law Review, 2015, 40: 365. [35] House, ASTEROIDS Act, 113th Cong., 2014, H.R.5063 (accessed September 30, 2023); available from,https://www.congress.gov/bill/113th-congress/house-bill/5063[DB/OL] [36] Ibid [37] Ibid. ‘§ 51301. Definitions [38] Ibid [39] Ibid. ‘§ 51302. Commercialization of space resource exploration and utilization [40] Ibid 52 [41] NASA’s Artemis program is an effort to place astronauts on the lunar surface and develop an ongoing presence there. [42] Adopted in October2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of natural resources in outer space. [43] Deplano R.The Artemis Accords: evolution or revolution in international space law? in International and Comparative Law Quarterly[M]. Cambridge University Press, 2021. [44] Robert Lea. (2023). Artemis Accords: What are they & which countries are involved?[EB/OL]. https://www.space.com/artemis-accords-explained, July 25, 2025(accessed 09.10.2023). [45] Ibid [46] The Artemis Accords. Edited by Garrett Shea, National Aeronautics and Space Administration, 3 Oct.2023, nasa.gov/artemis-accords/ [47] Strickland A. (2023). A long-awaited asteroid sample has landed in the US[EB/OL]. https://edition.cnn.com/2023/09/24/world/osiris-rex-asteroid-sample-return-scn/index.html, September 25, 2023 (accessed 01.10.2023). [48] Ibid 60 [49] Jamasmie C. (2020). Luxembourg to set up Europe space mining centre[EB/OL]. https://www.mining.com/luxembourg-to-create-space-resources-centre/, November 18, 2020 (accessed 23.09.2023). [50] Ibid [51] Luxembourg’s Exploration and Use of Space Resources Act (accessed September 30, 2023); available fromhttp://www.luxembourg.public.lu/en/actualites/2017/07/21-space resources/index.html [DB/OL] [52] SPACE RESOURCES.LU (accessed July 18, 2017); available from LU (accessed July 18, 2017); available from http://www.spaceresources.public.lu/en.html [DB/OL] [53] Art. 4, Luxembourg’s Exploration and Use of Space Resources Act. [54] Ibid 62 [55] Ibid 62 [56] UAE Space Policy and Regulations Directory "National Space Regulation under- development"[C] Legal Sub Committee, Vienna, Austria, 2017 [57] UAE Federal Law No. (12) of2019 on the Regulation of the space sector (accessed September 30, 2023); available from https://www.moj.gov.ae/assets/2020/Federal Law No.(12) of 2019 ON THE REGULATION OF THE SPACE SECTOR.pdf[DB/OL] [58] Nasir S. UAE's national space law comes into effect. https://www.thenationalnews.com/uae/science/uae-s-national-space-law-comes-into-effect-1.983817, February 24, 2020 (accessed 27.09.2023). [59] Art. 4, UAE Federal Law No. (12) of2019 on the Regulation of the space sector (accessed September 30, 2023); available from https://www.moj.gov.ae/assets/2020/Federal Law No.(12) of 2019 ON THE REGULATION OF THE SPACE SECTOR.pdf[DB/OL] [60] Ibid. Art.1 [61] Ibid. Art.30 [62] Ibid. Art.18 [63] Nasir S. Hope Probe: UAE marks one year since Emirates Mission reached Mars in historic feat[EB/OL]. https://www.thenationalnews.com/uae/2022/02/08/hope-probe-uae-marks-one-year-since-it-reached-mars-in-historic-feat/, February 9, 2022 (accessed 27.09.2023). [64] Ibid. 76 [65] Ibid. 76 [66] Basic Space Law (Law No.43 of 2008) (accessed October 1, 2023); available from 43 of 2008) (accessed October 1, 2023); available from http://stage.tksc.jaxa.jp/spacelaw/country/japan/27A-1.E.pdf [DB/OL] [67] Hiroko Yotsumoto, Daiki Ishikawa, Tetsuji Odan, Mori Hamada, Matsumoto. (2023). The Space Law Review: Japan. Retrieved October 4, 2023, from https://thelawreviews.co.uk/title/the-space-law-review/japan [68] Hayabusa, series of Japanese spacecraft that explored asteroids. The first, Hayabusa, studied the asteroid Itokawa and returned a sample container of dust grains to Earth in 2010. Hayabusa2 arrived at the asteroid Ryugu in June 2018 and returned a sample to Earth in December 2020. [69] Ashley Strickland. (2020). Hayabusa2 mission confirms return of an asteroid sample, including gas, to Earth. Retrieved October 4, 2023, from https://edition.cnn.com/2020/12/15/world/hayabusa2-asteroid-gas-sample-scn-trnd/index.html [70] Act on the Promotion of Business Activities for the Exploration and Development of Space Resources (Act No. 83 of2021) (accessed October 1, 2023); available from https://www8.cao.go.jp/space/english/resource/documents/act83_2021.pdf [DB/OL] [71] Ibid. [72] Jefferson R. (2021). Japan presents new space resource law; plans to join the return to the Moon[EB/OL]. https://www.sciencetimes.com/articles/32465/20210726/japan-presents-new-space-resource-law-plans-join-return-moon.htm, July 26, 2021 (29.09.2023). [73] Art. 3, Act on the Promotion of Business Activities for the Exploration and Development of Space Resources (Act No. 83 of2021) (accessed October 1, 2023); available from https://www8.cao.go.jp/space/english/resource/documents/act83_2021.pdf [DB/OL] [74] Ibid. Art. 20 [75] Ibid. Art.3 [76] Art. 4, Act on the Promotion of Business Activities for the Exploration and Development of Space Resources (Act No. 83 of2021) (accessed October 1, 2023); available from https://www8.cao.go.jp/space/english/resource/documents/act83_2021.pdf [DB/OL] [77] Ibid. 85 [78] Ibid. 85 [79] Ibid. 85 [80] Messier D. iSpace’s HAKUTO-R Mission 1 fails to land on the Moon[EB/OL]. https://parabolicarc.com/2023/04/25/ispaces-hakutor-lander-apparently-failed-land-moon, 2023 (29.09.2023). [81] Ibid.30 [82] Ibid. 44 [83] Ibid. 55 [84] Ibid. 30 [85] Ibid. 44 [86] Agreement governing the Activities of States on the Moon and Other Celestial Bodies, art. 9, Dec. 5, 1979, 1363 U.N.T.S. 21 |
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