REGULATION OF COMMERCIAL RESOURCE UTILISATION IN OUTER SPACE 2 4

LEGAL LANDSCAPE AND NEW RESEARCH ANGLES

Abstract

The rapid growth of the global space economy, driven by technological advancements and private investment, has transformed the concept of commercial resource utilization in space from theory to a realistic near-term opportunity.1 Extracting minerals, water, and other essential resources from celestial bodies like asteroids, the Moon, and Mars, including in-situ resource utilization (ISRU), could alter how humans engage in space activities. This swift progress has outpaced the creation of a solid legal framework to manage these activities. This highlights issues about ownership rights, environmental protection, and fair access to benefits. The existing space law in the international context, based on the Treaty of Outer Space in 1967, includes key principles. These principles prohibit national appropriation (Article II), require state authorization and oversight of private actors (Article VI), and mandate avoiding harmful contamination of space and Earth environments (Article IX). Additionally, existing "soft law" principles set by the UN support norms of peaceful use, cooperation, transparency, and sustainability.2 Yet, inconsistent national laws, such as Luxembourg's Space Resources Act (2017)3 and the U.S. Commercial Space Launch Competitiveness Act (2015)4 , leading to different jurisdictions and creating tensions with the "common heritage of mankind"5 Principle. This paper throws light on the current legal landscape, identifies regulatory gaps, and advocates for the development of unified international standards. These standards should balance commercial innovation with environmental care, conflict avoidance, and fair benefit- sharing to guarantee a long-term and cooperative future for space resource activities.