Managing the Celestial Treasure Hunt - Towards a Framework Governing the Exploitation of Natural Resources in Outer Space
- Paper number
IAC-10,E7,1,29,x8610
- Author
Mr. Vinay Kesari, Luthra and Luthra, India
- Coauthor
Ms. Sowmya Rao, India
- Year
2010
- Abstract
As interest renews in exploring the Moon and other nearby celestial bodies, the Moon Agreement which has long lain dormant, is due to be analysed in the light of the developments that have taken place since it was drafted. Various space-faring nations have expressed a desire to explore the surface of the moon, and establish a permanent presence there. The motives include both research as well as, potentially, commerce. The legal regime relating to exploitation of resources is sketchy, and the Moon Agreement arguably contains the only provision in the entire body of space law which contemplates the exploitation of natural resources. While the Moon Agreement confers the status of Common Heritage of Mankind on all celestial bodies and their natural resources, there is no bar on exploitation of such resources present in international law (a position which has seen recent debate in the context of exploitation of He-3 deposits on the Moon). In any event, the Moon Agreement has not been ratified by any of the nations currently possessed of the capability to explore space. Indeed, India and France are the only space-faring nations which are even signatories to the treaty. Notwithstanding the 2008 declaration by certain States regarding the benefits of the Moon Agreement, there is clearly a need for a truly inclusive legal regime in this regard. It is essential that this regime take into account the possibility of private corporations undertaking activities in outer space with a commercial objective as well as the long history of struggle for resources and colonialism. In this context, operationalising the equitable principles that underlie the Common Heritage of Mankind philosophy will have numerous challenges. While ensuring that the benefits of exploration of space and exploitation of resources flow to all peoples, the underlying inequality between the capacity of the developing world and the developed world excludes the former from effectively being a party to any manner of exploration. Aiming for such effective equality while retaining incentives for those undertaking the exploration will require a very fine balancing act. Accomplishing this task is essential in ensuring that outer space is not plagued by the battles for resources that have become a matter of course on the blue planet. In this regard, this paper will examine some possible approaches which could be adopted in fashioning a workable legal framework in terms of a developing country’s perspective, to address the above concerns.
- Abstract document
- Manuscript document
(absent)