The Outer Space Treaty (OST) has been recognised as the Magna Carta for international space, transpiring as a result of the space race between the United States and the then Soviet Union. This occurred at a time of global tension—in what is recognised as the ‘Cold-War’ period, whereby technology from World War II served to facilitate the movement and competition in space. This chapter sets out to explore the content of the OST in terms of the application to the new commercial pursuits and competition in space with specific focus on space resources and mining. Commentary is provided in terms of the scope of the Treaty and the permissibility and therefore acceptance and/or legalities of such related activities. Consideration is also given to the Moon Agreement and national directions. It finds that there is a symbiotic relationship of war and resources which will no doubt also transpire to a space domain; and that, the OST provides non-conclusive direction in terms of use and acquisition of resources, while it lays silent in terms of mining and the sharing of resources. Given this, and based on lessons from the Earth, it is predicated that, in time, ownership claims to resources, including mining, will lead to further disharmony and conflict, not only on Earth but in space.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

UN-Outer Space Treaty The Magna Carta for Mining?

  • Sarah Jane Fox

摘要

The Outer Space Treaty (OST) has been recognised as the Magna Carta for international space, transpiring as a result of the space race between the United States and the then Soviet Union. This occurred at a time of global tension—in what is recognised as the ‘Cold-War’ period, whereby technology from World War II served to facilitate the movement and competition in space. This chapter sets out to explore the content of the OST in terms of the application to the new commercial pursuits and competition in space with specific focus on space resources and mining. Commentary is provided in terms of the scope of the Treaty and the permissibility and therefore acceptance and/or legalities of such related activities. Consideration is also given to the Moon Agreement and national directions. It finds that there is a symbiotic relationship of war and resources which will no doubt also transpire to a space domain; and that, the OST provides non-conclusive direction in terms of use and acquisition of resources, while it lays silent in terms of mining and the sharing of resources. Given this, and based on lessons from the Earth, it is predicated that, in time, ownership claims to resources, including mining, will lead to further disharmony and conflict, not only on Earth but in space.