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66 ZLW 282 (2017)
Legal Protection against Contamination from Space Resource Mining

handle is hein.journals/zlw66 and id is 290 raw text is: Legal Protection against Contamination from Space Resource Mining by Stefan A. Kaiser * A. Introduction Following the enactment of the US Commercial Space Launch Competitiveness Act (Act)' it is debated whether it violates the non- appropriation principle of Article II of the Outer Space Treaty of 1967. Candidates for space resource mining are asteroids which are easier to reach from the Earth than the Moon. This also implies that ex- tracted asteroid materials may move, intentionally or unintentionally, into the vicinity of the Earth. The magnitude of contamination resulting from the future mining of asteroids can become by far greater than the current space debris problem. This article examines the implications of contamination resulting from space resource mining and the significance of Article I of the Outer Space Treaty (OST)2 with the principle that the exploration and use of outer space shall be for the benefit and in the interest of all states. It advocates that space resource mining must be linked to an international regime preventing and protecting against contamination. B. The Non-Appropriation Principle With Title IV of the Act, the United States legislated on 25 November 2015 national rules about the exploration and utilization of space resources. Section 402 / 51 USC 51302 of the Act authorizes the President through appropriate federal agencies, to (1) facilitate commercial exploration for and commercial recovery of space resources by United States citizens; LL.M (McGill), stetnakaiser@aol.com; This article is written in a personal capacity and shall not be attributed to any organization with which the author is affiliated. 1 Public Law 114 90 [H.R. 22621, https://wwvw.congress.gov/ll4/plaws/publ9O/PLAW 114pub190. pdf 2 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 610 UNTS 205. ZLW 6 Jg 2/2017

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