As the Indian space sector gains momentum, one of the biggest potential holders of the commercial space sector is space mining i.e. the extraction of valuable resources from bodies in the outer space. Space mining provides a lucrative opportunity for Indian space startups who now have full authority to operate in every space activity. However, the legality of space mining remains a complex and ambiguous issue, shaped by international treaties and national policies.
What is Space Mining
Asteroids and other celestial bodies hold an unlimited promise in the context of abundance of resources including metals, sometimes water and other rare earth elements. These resources can be used to support deep-space exploration missions, bolster Earth’s supply of critical minerals, research on life beyond earth and create new economic opportunities in the outer space.
Existing Legal Framework
The current space exploration regime is covered by both international and national legislations.
International
1. Outer Space Treaty (1967): The OST is the principal and the oldest international treaty that governs outer space exploration. India, as a signatory to the Outer Space Treaty, is bound by the treaty’s provisions. Even though Article II of the treaty says that outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. However, the treaty’s ambiguity on ownership and resource utilization has sparked debates over the legality of mining in space.
2. Moon Agreement (1979): India has not yet ratified the Moon Agreement, which seeks to establish celestial bodies as the “common heritage of humankind” and calls for an international regime to govern resource utilization. This lack of ratification allows Indian startups some flexibility but leaves the Indian lawmakers navigating uncharted legal waters.
National
India does not currently have any national policy to govern space mining activities. However, it is important to take examples from other countries that have ran past the existing international framework and have created domestic laws to regulate space resource utilization. At present, only two countries have established domestic laws in this regard – United States of America and Luxembourg.
United States of America, in 2015, passed the Commercial Space Launch Competitiveness Act (CSLCA). CSLCA was based on the Outer Space Treaty and propounded that a state or other legal entity cannot own a planet or space object (such as an asteroid), but such entities can extract and sell resources derived from these objects for private profit. Furthermore, the USA passed the multilateral agreement, Artemis Accords, in 2020 in collaboration with Australia, Canada, Italy, Japan, Luxembourg, Ukraine, the United Arab Emirates, and the United Kingdom that provides principles for cooperation in civil exploration and use of Moon, Mars, Comets and Asteroids for Peaceful Purposes. India became a signatory to the agreement in 2023.
Luxembourg became the second nation in the world to pass a domestic legislation for use of space resources. Article 1 of the law clearly states that space resources are open to appropriation.
It is important to note that both USA and Luxembourg have passed recent laws which go against the basic principle of OST and Moon Agreement which does not allow appropriation by any country for space resources. As India aims to push its commercial space sector forward, it is important to establish a national law which removes the ambiguity around this subject to avoid unnecessary disputes and liability on the startups as well as the government.
Ethical and Strategic Considerations
1. Global Collaboration vs. Competition: As mentioned above, developed nations are already taking steps to provide domestic legislative assistance to space sector players. Indian government startups must also balance their ambitions with international norms, fostering collaboration while safeguarding national interests.
2. Legislative Clarity: A robust national policy addressing space mining will be crucial for enabling Indian startups to compete globally while adhering to international law. Indian Space Policy 2023 is a step in the right direction but more comprehensive laws are the need of the hour.
3. Public-Private Partnerships: Strengthening collaboration between ISRO and private entities can help bridge regulatory gaps and provide startups with the support needed to explore space resources.
4. International Advocacy: India should actively participate in global forums to shape the legal framework for space mining, ensuring its interests and those of its startups are well-represented.
Conclusion
The legality of mining in space is a frontier that international law has not completely explored even after five decades of the OST coming into existence. It is important for the legislators to address regulatory gaps to properly foster innovation through Indian private players in the space sector. As the world looks to other planets apart from Earth for resources, Indian ingenuity and ambition could play a pivotal role in shaping the future of space mining.