This chapter addresses recent developments in relation to legal regulation of space mining. More specifically, we analyze international legal regimes governing utilization of natural resources located in the areas recognized as res communis omnium, to demonstrate an important paradigm shift from the national interest-driven approach to the global interest-driven regime reflecting cosmopolitan ideas. In fact, the sharing of benefits that may be derived from the exploitation of the natural resources in areas recognized as res communis omnium represents a unique opportunity to further implement cosmopolitan ideas in international practice. Special attention is given to the regime governing deep seabed mining created by the United Nations Convention on the Law of the Sea. This regime represents the most cosmopolitan regime ever established. In the following text, we present space resources as exhaustible resources located in the area recognized as res communis omnium and analyze the most relevant principles of international space law bearing cosmopolitan ideals. The last part of the chapter looks at the recent efforts to formulate space mining legal regimes, both national and international. Since there is no universal approach to how natural resources located in the areas recognized as res communis omnium should be governed and how cosmopolitan ideas should be translated into international natural resource management, recently adopted regimes or initiatives cope with the cosmopolitan nature of outer space differently. We acknowledge that national space mining law appears to be the most effective tool to regulate space mining; however, it remains the most controversial one, unless states behave in a responsible cosmopolitan way.
Space Mining: Attempts to Materialize Cosmopolitan Ideas Enshrined in International Space Law
Spa. Soc.
2022-04-23
22 pages
Article/Chapter (Book)
Electronic Resource
English
Space mining , International law , National space mining law , Cosmopolitanism , UNCLOS , Outer Space Treaty , Moon agreement , UN COPUOS , Hague International Space Resources Governance Working Group , Vancouver Recommendations on Space Mining , International regime Physics , Astronomy, Astrophysics and Cosmology , Law of the Sea, Air and Outer Space , Science and Technology Studies , Physics and Astronomy
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