Commercial mining

From Up, Up and ... Back: The Emergence of Space Tourism and Its Impact on the International Law of Outer Space by Steven Freeland

In the absence of "sovereignty," it is not possible under existing international space law to assert that any particular jurisdiction applies to the area on which the hotel is to be constructed. Without a right of any state to exercise jurisdiction-that is to make (and enforce) laws-it is impossible to determine how such a title can be established.

The international law of outer space has until now dealt with issues of jurisdiction through a system of registration. Under the Outer Space Treaty, "jurisdiction and control" over a space object and its personnel "while in outer space or on a celestial body" is vested in the State that registers that object pursuant to the Registration Agreement. The definition of a "space object" is vague and is unlikely to include a structure such as a hotel, which is designed as a stationary (semi-) permanent construction.

Moon Agreement, art 1 (cited in note 9). Article I of the Outer Space Treaty (cited in note 11) provides that outer space "including the moon and other celestial bodies, shall be free for exploitation and use by all States" and that there shall be "free access to all areas of celestial bodies." Article 4(1) of the Moon Agreement provides that "[t]he exploration and use of the moon shall be the province of all mankind."

Space: The final legal frontier

https://www.washingtonpost.com/technology/2019/08/31/space-final-legal-frontier/

The Outer Space Treaty — or as some call it, “the Magna Carta of Space” — is a 50-year-old agreement that outlines how to peacefully explore space.

“All space-faring states are parties to the Outer Space Treaty,” Charles Stotler, associate director of the University of Mississippi’s air and space law program told The Washington Post. It includes 109 nations, with more joining regularly.

The U.N.-approved document is the foundation of international space law. Its guiding principle is that space exploration should be a peaceful initiative and all nations should have free access to space. The Outer Space Treaty covers things like how to hold nations responsible for their space actions and rules to avoid polluting our solar system. It also addresses fair use of outer space and prohibits any nation from “appropriation of outer space, including celestial bodies.”

How to interpret that clause has become contentious as the commercialization of space expands. Stotler said that countries have differing interpretations — to some, it means no country can own territory in space, but others have applied it to ownership of anything, including extracted resources, absent an international agreement.

The Registration Convention requires registration with the United Nations before sending something to space and the Liability Convention states that a nation is liable for damage if its space object harms someone else’s. Under the Return and Rescue Agreement, if a party stumbles upon an astronaut in need, it must rescue him or her.

There’s a commercial burst underway due to new technology, lower-cost access to space, and new business models, Schaefer said, and as traditional space activities are revolutionized, new and complex legal issues crop up.

Although the Outer Space Treaty says no nation may appropriate territory anywhere in space, it’s silent to individuals and corporate entities.

Companies are already building models for space hotels, and soon we’re going to have commercial entities landing on and mining the moon. Space travel and tourism create a pressing need for legislation to ensure that private companies comply with the minimal OST obligations, Schaefer said, adding that liability issues will become particularly relevant as suborbital flights begin in the next 12 to 18 months.

China is planning to put the first space-based solar-power satellite into orbit and Harrington said the FCC has received applications for thousands of new satellites for utilities like space-based Internet services.

And then others, like Michelle Hanlon, associate director of the University of Mississippi School of Law’s air and space law program, are debating what human rights are needed in space.

The population of humans in space is going to continue to grow, Hanlon told The Post.

“There’s no Declaration of Human Rights that says humans have a right to oxygen or right to an open line of communication back to earth,” she said. “Things have to evolve to protect humans in space.”

The Licence Application Form for the Outer Space Act is about satellites. This spaceship won't go into orbit around anything.

Who has sent in a Licence Application Form?

Must a robot lander clean up?

Has anyone cleaned up after landing?