Space Mining Regime in Outer Space from the Perspective of United Nations Member States

Abstract

This paper analyzes the opinions of UN member states on the regulations governing space activities, including space mining. While the Outer Space Treaty addresses this issue, its provisions allow for varied interpretations. This inconsistency in interpretation among individual UN members hinders the creation of clear rules for outer space activities, including space mining. The Moon Treaty offers a potential regulatory framework, but there is evident reluctance among most UN members to accept this agreement. The research examines the attitudes of individual states and evaluates possible solutions. To better understand these attitudes, the development of these perspectives over the years was also analyzed. The paper considers proposals for the legal regulation of space activities presented by members of the Committee on the Peaceful Uses of Outer Space (COPUOS). As a result, UN member states can be categorized into four groups based on their statements at COPUOS sessions. However, there is no broad acceptance of any specific option regarding the exploitation of space resources. The findings suggest that reaching a consensus on a legal regime for space mining at the UN is unlikely in the near future. Without a significant change in approach, it appears that legislation will evolve from customary law rather than from a formal legislative process achieved through the UN. This paper provides a comprehensive overview of the current state of opinions among UN member states and highlights the challenges in establishing a universally accepted legal framework for space mining.