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3 Issue 6 Int'l J.L. Mgmt. & Human. 114 (2020)
Space Mining Emerging Future Legal Issue for Space Industry

handle is hein.journals/ijlmhs8 and id is 128 raw text is: International Journal of Law) Management & Humanities

Space Mining Emerging Future Legal Issue
for Space Industry
AMEY PRAKASH JADHAVI
ABSTRACT
Mineral resources are oomph of the 1000 billion USD world economies. Scarcity in
mineral resources brings with it, economic scarcity, both of which are a result of
geological scarcity. The space mining explorations will lead to reorganization of the
sector. The future of this sector and laws regulating asteroid mining are open to question.
The present article is an attempt to make an assessment of such activities in the context of
emerging legal issues that come along with commercial utilization of these resources.
With the growing need for resources and such non-traditional missions, there will be
difficulty in accessing the regulating legal aspects of space laws which results in
scepticism.
U.S. and Luxembourg have given carte blanche to privately-owned entities to use space
resources and operate independently (legal rights) in low earth orbit (eventually deep
space) through their domestic laws which they say comply with the obligation under
international law. Propensity still exists due to lack of maturity in space mining laws and
these truancyof relevant norms or a statute and any office administering space mining
activities. This would foment resource conflicts in outer space due to the rule of few.
Propensity also lies in whether or not the use of outer space resources is authorised.
The Outer Space Treaty prohibits states from owning celestial bodies by claims of
sovereignty, use, occupation, or any other means . Additionally, this treaty makes States
answerable for the endeavours of government / private commercial organisations by
authorising and administering such activities ad nauseam. This paper also deals with the
preeminent principles of space law to determine the appropriateness of such emerging
commercial mining practices and also their effect on the outer space environment and the
economic development of the mining industry.
1 Author is a student at Maharashtra National Law University, Aurangabad, India.
© 2020. International Journal of Law Management & Humanities         [ISSN 2581-5369]

114

[Vol. 3 Iss 6; 114]

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