66 ZLW 71 (2017)
A Framework to Address Burgeoning Commercial Complexities in Space Mining

handle is hein.journals/zlw66 and id is 75 raw text is: 





A Framework to address burgeoning Commercial Complexities in
Space Mining*



by Ramya Sankaran and Nivedita Raju*



Abstract
The legalization of space mining for private participants initiated by the United States
has triggered myriad legal and commercial complexities in the international space
community. At the outset, the authors briefly examine the potential exercise of extra-
territorial jurisdiction and sovereignty by nations in light of the principles governing
activities in outer space.

Humouring the validity of upcoming legislation which permit mining by private en-
tities, the authors probe the resultant commercial repercussions in the absence of an
over-arching international regime. The authors corroborate such repercussions by
raising plausible concerns of space-faring nations threatened by the consequent in-
equality of access, attributable to their relatively rudimentary space mining capabil-
ities. The question of income-inequality harbors the conundrum of fair division and
allocation of space resources. The present trend would pave the way for implementa-
tion of multitudinous unilateral national legislation to enable space mining, generat-
ing unfettered competition and chaos.

The authors aim to establish that the absence of an international framework and con-
sensus preceding the national legislation, elicits unregulated transactions which are
commercially unviable, inevitably portending an outbreak of international space war-
fare. Thus, the key focus of the authors is to seek to identify the deluge of commercial
issues that would surge from the implementation of such mushrooming legislation, of


      The authors state that the proposed structure for international framework and resultant supervisory
      body would additionally be permitted to regulate other issues in commercialization of outer space,
      such as space tourism, space transportation. However the authors have restricted the scope of this
      paper to mining and utilization of resources in outer space.
      The authors Ramya Sankaran and Nivedita Raju work as Legal Associates at Gagrats Advocates &
      Solicitors, a top tier aviation law firm in Mumbai, India. They can be contacted through email at:
      Ramya Sankaran sachilya01@gmail.com; Nivedita Raju niveditarajul6@gnail.com.


ZLW 66. Jg. 1/2017

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