Hurova Anna. Legal regulation of mining and appropriating of space resources: perspectives or adventure
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.
Key words: space resources, appropriation, exploitation.