Synopsis
Here is a summary of the paper “Soft Law in Space: A Legal Framework for Extraterrestrial Mining”:
The paper discusses the prospect of mining resources from celestial bodies like the Moon and asteroids, which is becoming increasingly feasible with advances in space technology. However, there is currently no clear international legal framework governing extraterrestrial mining.
The paper reviews existing laws related to mining on Earth and in space, including the US General Mining Law of 1872, the UN Convention on the Law of the Sea, and the Outer Space Treaty. It notes principles from these laws that could inform a future space mining framework, as well as reasons why the US has not signed onto agreements like the UN Convention on the Law of the Sea.
The paper then examines different proposals for establishing an international legal regime for space mining, including the US-led Artemis Accords, a potential multilateral UN treaty, and soft law principles developed through a multilateral forum like the UN Committee on the Peaceful Uses of Outer Space.
The paper argues the US should lead efforts to develop non-binding principles for extraterrestrial mining through a multilateral forum, citing terrestrial mining laws as a model. It suggests principles pulled from laws like the 1872 Mining Law and Antarctic Treaty System that balance commercial interests with environmental protections. The paper concludes by contemplating environmental issues that space mining could raise.
In summary, the paper advocates for the US to spearhead the development of a soft law framework governing extraterrestrial resource extraction, using principles from terrestrial mining laws as a model. The goal is to balance commercial interests in space mining with international cooperation, sustainability, and consensus among spacefaring and non-spacefaring nations.
