Date of Defense
6-11-2024 4:00 PM
Location
H2-0012
Document Type
Dissertation Defense
Degree Name
Doctor of Philosophy in Private Law
College
College of Law
Department
Private Law
First Advisor
Dr. Mohammad Nsour
Keywords
Outer Space, Space resources, Non-Appropriation Principle, Common Heritage, Outer Space Treaty.
Abstract
The mining of natural resources from outer space has become closer to reality more than ever, and some States have enacted unilateral legislations regulating the exploitation of space resources, and some entities have developed strategic plans to extract space resources. There are also many initiatives that seek to regulate space resource exploitation activities at the international level. Mining of space resources raises several legal questions about how to conciliate between the principle of non-appropriation and the principle of freedom of exploration and use of outer space. The problem appears in the international space law's inability to keep pace with the technical advancement in space, and the granting of property rights by unilateral legislations of States may constitute a violation of the principle of non-appropriation of outer space. This research addresses the current legal framework of mining space resources (both domestic and international), the legal challenges it faces, and the need for international cooperation that guarantees equality between States and the exploitation of outer space resources for the benefit of all mankind, and analyses the potential models to regulating mining activities in outer space. This research suggests that the Outer Space Treaty could represent a starting point, a proactive framework for achieving consensus among States and for seeking multilateral solutions for the exploitation of space resources.
Included in
THE LEGAL FRAMEWORK OF COMMERCIAL EXPLOITATION AND MINING OF NATURAL RESOURCES IN OUTER SPACE
H2-0012
The mining of natural resources from outer space has become closer to reality more than ever, and some States have enacted unilateral legislations regulating the exploitation of space resources, and some entities have developed strategic plans to extract space resources. There are also many initiatives that seek to regulate space resource exploitation activities at the international level. Mining of space resources raises several legal questions about how to conciliate between the principle of non-appropriation and the principle of freedom of exploration and use of outer space. The problem appears in the international space law's inability to keep pace with the technical advancement in space, and the granting of property rights by unilateral legislations of States may constitute a violation of the principle of non-appropriation of outer space. This research addresses the current legal framework of mining space resources (both domestic and international), the legal challenges it faces, and the need for international cooperation that guarantees equality between States and the exploitation of outer space resources for the benefit of all mankind, and analyses the potential models to regulating mining activities in outer space. This research suggests that the Outer Space Treaty could represent a starting point, a proactive framework for achieving consensus among States and for seeking multilateral solutions for the exploitation of space resources.