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 96
- Downloads 0
Acts hetmans governance in the system of legal sources Hetmanat XVII-XVIII centuries
Highlights the system features and sources of law of the Hetmanat. Acts hetmans gover- nance in the system of legal sources Hetmanat was the autonomous subsystem of active at that time in the Ukrainian lands of complex s...
The theory of labor relations in the legal science
In Western legal science there are different theories in the study of the labor market and labor relations. One of them is the theory of the standard employment relationship (abbreviated SER), which is the result of the...
EU standards and the legislation of Ukraine in the field of employment: problems of adaptation
The article is devoted to the study of national legislation in the sphere of employment and its compliance with European legal standards. It is noted that the harmonization of national labour legislation with EU regulati...
Congratulations on I.V.Muzyka's anniversary
Congratulations on I.V.Muzyka's anniversary
Strategy of development of the Koretsky Institute of State and Law of the National Academy of Science of Ukraine for 2017-2026
Strategy of development of the Koretsky Institute of State and Law of the National Academy of Science of Ukraine for 2017-2026