This is a gray area of the law. The Outer Space Treaty says that we go to space for the benefit of humanity. However we also own any habitats we build in space including habitats built using space materials.
Whether someone can mine an asteroid - given that no-one can own an asteroid (or can they? - some space lawyers say that if you have the capability to move an asteroid, it no longer counts as a celestial body in terms of the OST)
- and if so - whether they own the materials they mine from it and whether they have the right to sell it to everyone else and on what terms - all that is future law that has yet to be clarified.
Perhaps there might be some kind of tax. Perhaps some requirement of benefit sharing. Or maybe no restrictions at all.
Personally I think there should be some kind of benefit sharing or tax involved, and probably both - mainly because of the long term effects on the world economy if space mining really takes off.
If space economy does reach the point where as much is earned from space resources as the rest of the world's economy put together, as some space mining optimists suggest - can that possibly be a stable economy if it is unregulated?
Is it safe or fair for a small number of companies and individuals to be in control of the entire trade from space mining, and to get all the profits of it for themselves?
What about cartels, and decisions they might make to create artificial scarcity to drive up prices etc etc? If not regulated in some way, perhaps that might happen, with individuals and companies as wealthy as the entire US, or even the entire world eventually. We've had plenty of financial crises including the 1973 oil crisis which lead many countries into debts which they are still servicing to this day, unable to build schools or roads or hospitals or essential services because of debts incurred in 1973. Could something like that happen in space?
I think that needs some care, while at the same time recognizing that it's an issue not too likely to be a major problem in the near future.
In near future, space mining companies will be doing well to reach the multi-billion dollar level.
But just a decade or two after that, if the space miners are right that we could end up mining asteroids worth many trillions of dollars - could be talking about a multi-trillion dollar industry controlled by a few companies and individuals.
We need to sort out the precedents before that happens. Also what happens to e.g. platinum industries and other industries that become obsolete because of space mining?
There's been some discussion of this, but no decisions or law. It's all a gray area that needs to be clarified.
I expect that first attempts at space mining, if it's not sorted out, would be challenged by the same countries that ratified the Moon treaty.
That was one of the controversial provisions in the Moon treaty that lead to few nations signing it: so far it's been ratified by Austria, Netherlands, Chile, Morocco, Peru, Philippines, and Uruguay. Moon Treaty (Celestial Bodies).
But if that's not the way ahead, an international regime to oversee space resources and benefit sharing, what is the solution? If no solution at all is found here, I think there would be a fair amount of opposition to space mining, until it is sorted out.
More here: Robert Walker's answer to Is it lawful or do laws even exist in the instance of a private space company like SpaceX claiming a part of a celestial body as its territory?
Whether someone can mine an asteroid - given that no-one can own an asteroid (or can they? - some space lawyers say that if you have the capability to move an asteroid, it no longer counts as a celestial body in terms of the OST)
- and if so - whether they own the materials they mine from it and whether they have the right to sell it to everyone else and on what terms - all that is future law that has yet to be clarified.
Perhaps there might be some kind of tax. Perhaps some requirement of benefit sharing. Or maybe no restrictions at all.
Personally I think there should be some kind of benefit sharing or tax involved, and probably both - mainly because of the long term effects on the world economy if space mining really takes off.
If space economy does reach the point where as much is earned from space resources as the rest of the world's economy put together, as some space mining optimists suggest - can that possibly be a stable economy if it is unregulated?
Is it safe or fair for a small number of companies and individuals to be in control of the entire trade from space mining, and to get all the profits of it for themselves?
What about cartels, and decisions they might make to create artificial scarcity to drive up prices etc etc? If not regulated in some way, perhaps that might happen, with individuals and companies as wealthy as the entire US, or even the entire world eventually. We've had plenty of financial crises including the 1973 oil crisis which lead many countries into debts which they are still servicing to this day, unable to build schools or roads or hospitals or essential services because of debts incurred in 1973. Could something like that happen in space?
I think that needs some care, while at the same time recognizing that it's an issue not too likely to be a major problem in the near future.
In near future, space mining companies will be doing well to reach the multi-billion dollar level.
But just a decade or two after that, if the space miners are right that we could end up mining asteroids worth many trillions of dollars - could be talking about a multi-trillion dollar industry controlled by a few companies and individuals.
We need to sort out the precedents before that happens. Also what happens to e.g. platinum industries and other industries that become obsolete because of space mining?
There's been some discussion of this, but no decisions or law. It's all a gray area that needs to be clarified.
I expect that first attempts at space mining, if it's not sorted out, would be challenged by the same countries that ratified the Moon treaty.
5. States Parties to this Agreement hereby undertake to establish an international regime, including appropriate procedures, to govern the exploitation of the natural resources of the Moon as such exploitation is about to become feasible. This provision shall be implemented in accordance with article 18 of this Agreement.
The main purposes of the international regime to be established shall include:
(a) The orderly and safe development of the natural resources of the Moon;
(b) The rational management of those resources;
(c) The expansion of opportunities in the use of those resources;
(d) An equitable sharing by all States Parties in the benefits derived from those resources, whereby the interests and needs of the developing countries, as well as the efforts of those countries which have contributed either directly or indirectly to the exploration of the Moon, shall be given special consideration.
Page on unvienna.org
That was one of the controversial provisions in the Moon treaty that lead to few nations signing it: so far it's been ratified by Austria, Netherlands, Chile, Morocco, Peru, Philippines, and Uruguay. Moon Treaty (Celestial Bodies).
But if that's not the way ahead, an international regime to oversee space resources and benefit sharing, what is the solution? If no solution at all is found here, I think there would be a fair amount of opposition to space mining, until it is sorted out.
More here: Robert Walker's answer to Is it lawful or do laws even exist in the instance of a private space company like SpaceX claiming a part of a celestial body as its territory?
About the Author
Robert Walker
Writer of articles on Mars and Space issues - Software Developer of Tune Smithy, Bounce Metronome etc.Studied at Wolfson College, Oxford
Lives in Isle of Mull
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