The International Seabed Authority, an organization established by the Law of the Sea Treaty, is an example. And the international resource organization, if ever established, could impose additional costs and regulatory uncertainty upon a nascent industry. Prohibition of property rights is contrary to western nations’ laws and institutions. The Moon Treaty has no practical effect at present, but two of the nations that are party to the treaty acceded recently, so you can’t quite argue that the Moon Treaty is “dead.” That’s cause for concern. Only 16 nations have ratified or acceded to the treaty, and none of the spacefaring nations are party to the treaty. It prohibits real property rights, and it would establish an international organization to govern resource appropriation. The 1979 “Moon Treaty” is the only one that directly addresses resource appropriation and real property rights. There are five United Nations treaties that govern space activities.
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International treaties govern national activities, and nations are free to enact national laws and regulations that do not violate the treaties that they have agreed to. Legally, outer space is an international area that is treated in much the same way as international waters in the Earth’s oceans. Can a company mine celestial bodies, and own the resources that it extracts? Are real property rights legal under international space law? What law applies to satellite servicing and removal of space debris? Companies are unsure of their rights, investors aren’t sure that their investments will be protected, and lawsuits are inevitable if these issues must be resolved in court. A number of intriguing legal questions have remained unanswered since the Outer Space Treaty entered into force in 1967. These efforts seek to clarify the law that applies to commercial space activities. The company recently asked the FAA’s Office of Commercial Space Transportation (FAA/AST) for a lunar “payload review” to recognize ownership of extracted resources by Bigelow and other US firms. Bigelow eventually plans to land its inflatable modules on the Moon.
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Based upon these prototype demonstrations, NASA has awarded Bigelow a contract to install and test an inflatable module on the International Space Station. The bill has been referred to the House Committee on Science, Space, and Technology.Ĭompanies are unsure of their rights, investors aren’t sure that their investments will be protected, and lawsuits are inevitable if these issues must be resolved in court.īigelow Aerospace is a company that has successfully orbited two inflatable space habitats.
This bill would protect mining companies’ personal property rights in extracted resources. This summer, US Representatives Bill Posey (R-FL) and Derek Kilmer (D-WA) introduced HR 5063, the American Space Technology for Exploring Resource Opportunities in Deep Space (ASTEROIDS) Act. Recently, two companies, Planetary Resources and Deep Space Industries, have begun work to develop asteroid mining capabilities.
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