Use of Multilateral Agreement to Develop Space Resource Rights Regime
- Paper number
IAC-15,E7,7-B3.8,9,x31133
- Author
Mr. Sagi Kfir, Deep Space Industries Inc., United States
- Year
2015
- Abstract
The current state of legal clarity and regulatory guidance pertaining to space resource rights for the commercial space industry is opaque at best. The Outer Space Treaty of 1967 (“OST”) remains the backbone of current international space law and continues to remain the “Magna Carta” of space law. Written in a time when only nation-states dominated space activity, however, the OST does not specifically address the status of space property rights. A space resource property regime is requirement by the nascent commercial space industry in order to attract participation of the global capital markets to finance and secure the long-term viability of the private space companies. Several commercial space companies are moving forward with plans to develop a space infrastructure and economy using in-situ resources. At the current launch rate of $10,000 (US) per pound of mass, it is evident that even with lower launch costs such a figure impedes the sustainable development of a viable space infrastructure. Experts agree that the raw materials required for space development must come from space resources. Commercial space entities are looking at their respective nations to assist in securing space resource rights in order to assure investors and the capital markets that their potential investment will not atrophy due to regulatory silence and potential litigation. Some nations, such as the United States, are moving forward individually to create such a space resource property regime under the proposed ASTEROID ACT legislation. Creating such space property rights regimes without international input, however, may lead to potential international disagreement and conflict regarding the status of the space resources. While several legal frameworks are available to develop a space resources property regime, using multilateral agreements may be the most practical and effective method of garnering international support and active participation from both developed and underdeveloped nations. Precedence for using a multilateral approach for space resource property rights has already been set forth in previous multilateral agreements such as the Space Station Intergovernmental Agreement (“IGA”). The IGA clearly sets forth personal private property guidance amongst nations participating in the International Space Station (“ISS”) in terms of securing in-situ developed intellectual property. Using a multilateral space resource rights approach may diminish the likelihood of potential conflict amongst space-fairing nations while providing the most expedient and comprehensive legal methodology that will garner the support of nations aspiring to play a role in the development of a space infrastructure and economy.
- Abstract document
- Manuscript document
(absent)