ŠVEC, Martin. Outer Space, an Area Recognised as Res Communis Omnium: Limits of National Space Mining Law. Space Policy. England: Elsevier SCI, 2022, vol. 60, May 2022, p. nestránkováno, 38 pp. ISSN 0265-9646. Available from: https://dx.doi.org/10.1016/j.spacepol.2021.101473.
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Basic information
Original name Outer Space, an Area Recognised as Res Communis Omnium: Limits of National Space Mining Law
Authors ŠVEC, Martin (203 Czech Republic, guarantor, belonging to the institution).
Edition Space Policy, England, Elsevier SCI, 2022, 0265-9646.
Other information
Original language English
Type of outcome Article in a journal
Field of Study 50501 Law
Country of publisher United Kingdom of Great Britain and Northern Ireland
Confidentiality degree is not subject to a state or trade secret
WWW Omezený přístup na článek
Impact factor Impact factor: 1.100
Organization unit Faculty of Law
Doi http://dx.doi.org/10.1016/j.spacepol.2021.101473
UT WoS 000807315200007
Keywords (in Czech) Space Law; Space Mining; Energy; International Law
Keywords in English International lawSpace lawNational space lawOuter Space TreatyMoon AgreementSpace miningNatural resourcesJurisdictionRes communis omnium
Tags International law, rivok, Space Law, Space Mining
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 23/8/2024 13:28.
Abstract
Against the background of rapid advances in space technology and better understanding of the composition of celestial bodies, the utilisation of space resources has become an increasingly important topic; however, the lack of a comprehensive legal framework and the consequent legal uncertainty surrounding legality and conditions under which space resources can be utilised represent a significant barrier for private investors. To be precise, outer space is not unregulated. There are norms of customary international law applicable to activities in outer space, and fundamental legal principles have been enshrined in the Outer Space Treaty. What is more, the Moon Agreement declared space resources the common heritage of mankind and envisages the establishment of an international legal regime; however, the Moon Agreement – the only international treaty explicitly addressing space mining – has been ratified/acceded to by only 18 states, and legal principles enshrined in the Outer Space Treaty are too vague to provide private investors with the regulatory certainty they need. As a result of the lack of progress on legally binding instruments within traditional fora, especially the UN COPUOS, several states decided to address legal certainty unilaterally – via national law. National legislators should take into consideration that national space mining laws are to be applied in an area that is open for access and use to all, an area recognised as res communis omnium. This article analyses regimes governing the utilisation of space resources and aims to identify practical implications for national legislators and diplomats.
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