Legal regulation of mining and appropriating of space resources: perspectives or adventure
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
This article deals with urgent problems of legal regulation of space-mining and appropriation of space resources. Author gives one`s mind to U.S. Commercial Space Launch Competitiveness Act and Luxembourg draft law “On the Exploration And Use of Space Resources. These acts ultimately recognized commercial property rights in resources extracted from extraterrestrial bodies that some scholars explain as violation of article II and IX of the Treaty on Principles Governing the Activities of States on the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 27 January 1967. Author agreed with scientists that consider innovations as specific value that is embedded in international space law. For this purpose she attempts to find out how to harmonize spacemining and appropriation of space resource with international space treaties and space-, mining-, ecological legislation of space-faring nations. Analyzing standpoints of prominent scientists all over the world allows making some self-sustaining conclusions, such as permitting space-mining for those subjects, which can bear all risks connected with such actions. This obligation must include guaranties that minimize spreading harm caused by space resources and amount of liability adequate risks, transparency of space-mining actions. On the base of these conclusions and on the outcome of analysis of Ukrainian space, mining and ecological rules author distinguishes legal institutes of Ukraine that need upgrading in the case of incorporation to the legislation of Ukraine’s rules about space mining and appropriation of space resources. In the other words, this article focuses on such significant legal institutions: 1) recognizing outer space as a part of Earth environment and as an object, that is regulated by ecological legislation, 2) upgrading of ground and order of acquisition of rights to space resources; 3) reestablishing of licensing procedure for the space industry with more stringent ecological requirement, 4) Public-Private Partnership in the space industry. Each of these institutions is analyzed according to the opportunities that it may offer for the aim of legal regulation of space-mining and appropriation of space resources incorporation to legislation of Ukraine.
Authors and Affiliations
ANNA HUROVA
Keywords
Related Articles
- EP ID EP433142
- DOI -
- Views 87
- Downloads 0
The Code of laws of the Russian Empire – a memorial of juridical thought of XIX century
This article is devoted to the unique systematization of legislation – the Laws of the Russian Empire. The basic reasons for the establishment of the Code have been analyzed. It was a collection of the current legislativ...
Foreign approaches to the classifcation of information policy
The concept of information policy, which began to acquire forms of national informa- tion policy in the 1970s, is considered. The foreign approaches to its classification are an- alyzed, including such aspects as: techni...
Legal Analyst: Doctrinal Context
Modern processes of change in all spheres of human life differ not only in the ongoing reforms, but also in our attitude towards them, rather in the perception or not perception of the latter. Of course, there are no exc...
XXXIV International Historical and Legal Conference "Religious Factor in the History of Law, State and Legal Thought"
XXXIV International Historical and Legal Conference "Religious Factor in the History of Law, State and Legal Thought"
The principle of “party autonomy” and some problems of its legal regulation in the law of Ukraine on Private International Law
The theory of “party autonomy” was formulated in the XVI century by French scientist Charles Dumoulin. Despite the fact that the scientist was trying to use it to solve the conflict issues of application of the legislati...