If Space is ‘the Province of Mankind’, Who Owns its Resources? - ORF Occasional Paper, January 2019

My first substantial publication for the year is on space mining, examining the legal angles to this emerging issue. Senjuti Mallick and I have co-authored an ORF Occasional Paper titled, "If Space is ‘the Province of Mankind’, Who Owns its Resources?: An Examination of the Potential of Space Mining and its Legal Implications," where we analyse the rationale for extraterrestrial mining, as well as the efforts and responses of various countries—i.e, USA, Luxembourg, Russia, China and India. In examining the legal and governance basis for States and commercial players, this paper appreciates the economic benefits of space mining but argues against the national legislations legalising extraterrestrial appropriation of resources due to inconsistency with international treaties and customary international law. It further argues that the concept of “common heritage of mankind” is defeated in the light of such legal frameworks. The paper ponders the global governance challenges brought about by space mining activities and suggests legal, policy and global frameworks for realising the benefits of commercial mining without creating disparity between nations and disrupting dynamics of the world economy.

INTRODUCTION
June 2018 marked the golden jubilee of the first United Nations (UN) Conference on the Exploration and Peaceful Uses of Outer Space, held in
Vienna in 1968. It also marked 51 years of the Outer Space Treaty (OST) of 1967. Today, what was once fodder for cosmological science fiction
has become reality, owing to outer-space innovations that have happened in the last half a century. Unlike the lunar missions of the past,
contemporary explorations are led mostly by private-sector entities eager to capitalise on the potential of extracting resources in outer space.
How plausible is extraterrestrial mining—is it a long-term proposition or more of a fantasy? And what challenges are facing those engaged in
space mining?

Soon after a bill was signed increasing the 2018 budget for NASA (the US’ National Aeronautics and Space Administration), Senator Ted Cruz said, “I’ll make a prediction right now—the first trillionaire will be made in space.” The question is, however, how those trillionaires will make their riches from space. Both Peter Diamandis (founder of the Google Lunar XPrize competition) and Neil deGrasse Tyson (US astrophysicist) suggest that the financial returns are to be made from mining/ asteroids.

Indeed, the economic imperative for space mining is evident and analysts predict that these extraction activities could translate to a multibillion-dollar industry. NASA estimates, for example, that the value of asteroids out there could be in the vicinity of US$700 quintillion – that amount is roughly equivalent to US$95 billion for each of us here on Earth. Another major attraction for the prospective extraterrestrial mining companies is the availability of precious minerals in abundance on the Moon, on Mars and the asteroids (among them—lithium, cobalt,
nickel, copper, zinc, niobium, molybdenum, lanthanum, europium, tungsten, and gold). After all, these metals and mineral resources have
grown scarce on Earth, and both governments and commercial actors are pushing to look to celestial bodies for resources.

This paper examines the legal and governance basis for States and commercial players to undertake space mining activities. It does not,
however, cover the technical aspects of space mining; that is a separate field by itself. The first section discusses the rationale for different stakeholders in undertaking extraterrestrial mining. So far, the countries most eager and making the most active preparations for space mining are the US and—surprisingly, as it has not been typically a spacefaring nation—Luxembourg. This section will detail these efforts as well as those of other countries planning to follow the path being paved by these two. The second section then examines the legal basis for space mining, covering provisions of national and international law. The subsequent section looks at the global policy discourse responses from other governments to proposals and preparations for space mining, primarily Russia and China. The paper concludes by summarising the global
governance challenges that are brought about by space mining activities.

For the full paper, please click here.



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