Law And Regulation Of Commercial Mining Of Minerals In Outer Space

Author : Ricky Lee
Publisher : Springer Science & Business Media
ISBN 13 : 9400720394
Total Pages : 397 pages
Book Rating : 4.98/5 ( download)

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Download or read book Law and Regulation of Commercial Mining of Minerals in Outer Space written by Ricky Lee and published by Springer Science & Business Media. This book was released on 2012-03-05 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.

Author : Ram S. Jakhu
Publisher : Springer
ISBN 13 : 3319392468
Total Pages : 181 pages
Book Rating : 4.62/5 ( download)

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Download or read book Space Mining and Its Regulation written by Ram S. Jakhu and published by Springer. This book was released on 2016-08-12 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the complex technical challenges presented by remote space mining in terms of robotics, remote power systems, space transport, IT and communications systems, and more. It also addresses the difficult oversight and regulatory issues that face states and non-state enterprises that would take on the perilous task of obtaining natural resources from the Moon and asteroids. An increasing number of countries are becoming involved in space-related activities that were previously carried out primarily by the United States and the USSR (now the Russian Federation). How these regulatory endeavors might be handled in international treaties, standards, codes of conduct or other means have become a truly international political issue. And there is yet another issue. In the past, space activities traditionally fell under the exclusive domain of government. But the last few years have seen the emergence of the private sector of "space entrepreneurs." This poses many challenges for the pre-existing governance regimes and state-based conceptions of international law. This book examines the adequacies and ambiguities in treaty provisions and national laws and in currently accepted practices involving the growing exploration and exploitation of space-based natural resources.

Author : U. S. Military
Publisher :
ISBN 13 : 9781981076475
Total Pages : 105 pages
Book Rating : 4.76/5 ( download)

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Download or read book U. S. Interpretation of International Space Policies Regarding Commercial Resource Acquisitions - Evolving Space Laws and Treaties, Legalizing Commercial Space Mining on the Moon and Asteroids written by U. S. Military and published by . This book was released on 2018-05-12 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the next 5 to 10 years commercial corporations will begin exploratory mining operations on asteroids orbiting the earth. While this is a huge leap forward in human development and technological advancement, current national regulation and law providing mining rights in space do not exist. International treaties and recognized space law, in regards to commercial collection and exploitation of resources, is vague and leaves a great deal to interpretation. The purpose of this comparative case study is to determine how the US interprets what is known as 'Common Access Areas, ' or those areas outside of national jurisdictional authority, in regards to commercial mining operations. The study is meant to identify if legal precedent exists in similar areas that will either allow the U.S. to continue commercial mining in space without international clarification, or if precedent indicates that international accord must met. CHAPTER 1 INTRODUCTION * Overview * Primary Research Question * Secondary Research Questions * Assumptions * Definitions * Limitations * Delimitations * Conclusion * CHAPTER 2 TECHNOLOGICAL ACHIEVEMENT AND THE INTERNATIONAL RESPONSE: A LOOK INTO THE CONTINUATION OF EVOLVING SPACE LAW * Common vs Civil Law: Discrepancies within the International Law Framework * Common Law Tradition * Civil Law Tradition * The Need for Analogies in Developing International Law * Foundations of Space Law * Law of the Sea and UNCLOS * Antarctic Treaty * Current Space Laws * National Space Laws * International Space Treaties * Treaty on Principles Governing Activities of States * Agreement on the Rescue of Astronauts * Convention on International Liability * Convention on Registration of Objects Launched into Outer Space Agreement Governing the Activities of States on the Moon and Other Celestial Bodies * Why Space Mining * Proposed Laws * CHAPTER 3 RESEARCH METHODOLOGY * Preliminary Steps in Research Design * Knowledge Claims * Strategy * Qualitative, Quantitative, or Mixed Methods Approach * Design * Data Collection Methods * Data Analysis Methods * Fact * Theory * CHAPTER 4 ANALYSIS REGARDING U.S. PRECEDENCE OF COMMERCIAL ACTIVITIES WITHIN AREAS OF COMMON ACCESS * Presentation of Analysis: Survey Demographics * Common Heritage of Mankind, Similar Principles, and What Has Been Adopted by the U.S. * Secondary Research Question 1 * Facts * Theory * U.S. Actions Establishing, or Denying, Precedence for the Allowance of Space Mining * Secondary Research Question 2 * Facts * The High Seas * Antarctica * Space * Theory * High Seas * Space * Secondary Research Question 3 * Fact * Theory * The ASTEROIDS Act * Secondary Research Question 4 * Possible International Response to U.S. Pursuance of Legalizing Commercial Space Mining * Secondary Research Question 5 * Fact * Theory * Summary * CHAPTER 5 CONCLUSIONS * Interpretation of Results * Common Heritage of Mankind, Similar Principles, and What Has Been Adopted by the U.S. * U.S. Actions Establishing, or Denying, Precedence for the Allowance of Space Mining * High Seas * Antarctica * Section Summary * The ASTEROIDS Act and What It Does, and Does Not, Do * International Response to U.S. Pursuance of Legalizing Commercial Space Mining * Areas for Further Study * Conclusion

Author : Annette Froehlich
Publisher : Springer
ISBN 13 : 3319669699
Total Pages : 103 pages
Book Rating : 4.94/5 ( download)

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Download or read book Space Resource Utilization: A View from an Emerging Space Faring Nation written by Annette Froehlich and published by Springer. This book was released on 2018-01-10 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book speaks to the need for a regulatory framework with regards to space resource utilization. In doing so, significant elements of the subject matter have been explored, taking into account the different phases of a space mission and the perspectives of the various actors and participants in the space arena. The book tackles the subject matter from a number of angles. An analysis of the current national and international governance frameworks is performed, with regards to resource extraction and utilization in space. The view of established and emerging space nations is analyzed next, specifically with extraction and utilization in mind, and in light of the new United State (US) Commercial Space Launch Competitiveness Act (CSLCA) of 2015. A brief analysis of the various budgets allocated to space exploration is given.

Author : Ricky Lee
Publisher : Springer Science & Business Media
ISBN 13 : 9400720386
Total Pages : 397 pages
Book Rating : 4.81/5 ( download)

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Download or read book Law and Regulation of Commercial Mining of Minerals in Outer Space written by Ricky Lee and published by Springer Science & Business Media. This book was released on 2012-03-14 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.

Author : Fabio Tronchetti
Publisher : BRILL
ISBN 13 : 904742879X
Total Pages : 400 pages
Book Rating : 4.94/5 ( download)

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Download or read book The Exploitation of Natural Resources of the Moon and Other Celestial Bodies written by Fabio Tronchetti and published by BRILL. This book was released on 2009-10-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exploitation of natural resources of the moon and other celestial bodies represents one of the most fascinating developments in the fields of space law and space related activities. The mining and use of extraterrestrial mineral resources may not only contribute to the betterment of conditions of people on earth but may also enable the realization of projects such as those envisaging a permanent human presence on the surface of the moon and other celestial bodies. The exploitation of lunar and other celestial bodies’ resources, however, requires an appropriate legal framework for it to develop in an orderly and peaceful manner, taking into consideration also such broader public concerns as regards security, safety and the environment. The current legal regime regulating activities in outer space lacks the required specific rules to govern the extraction and use of natural resources of the moon and other celestial bodies once being removed from their original location. This book tries to fill this gap by proposing a legal regime aimed at regulating the mining and exploitation of extraterrestrial natural resources for commercial purposes.

Author : Doaa Abdel-Motaal
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.36/5 ( download)

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Download or read book Antarctica written by Doaa Abdel-Motaal and published by Bloomsbury Publishing USA. This book was released on 2016-09-28 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thawing Antarctic continent offers living space and marine and mineral resources that were previously inaccessible. This book discusses how revisiting the Antarctic Treaty System and dividing up the continent preemptively could spare the world serious conflict. The Antarctic Treaty and related agreements—collectively known as the Antarctic Treaty System (ATS)—regulate the seventh continent, which is the only continent without a native human population. The main treaty within the ATS came into force in 1961 and suspended all territorial claims in Antarctica. The Antarctic Environmental Protocol followed in 1998 and prohibited any minerals exploitation in the continent. With this prohibition up for review in 2048, this book asks whether the Antarctic Treaty can continue to protect Antarctica. Doaa Abdel-Motaal—an expert on environmental issues who has traveled through the Arctic and Antarctic—explains that the international community must urgently turn its attention to examining how to divide up the thawing continent in a peaceful manner. She discusses why the Antarctic Treaty is unlikely to be an adequate measure in the face of international competition for invaluable resources in the 21st century. She argues that factors such as global warming, the growth in climate refugees that the world is about to witness, and the increasingly critical quest for energy resources will make the Antarctic continent a highly sought-after objective. Readers will come to appreciate that what has likely protected Antarctica so far was not the Antarctic Treaty but the continent's harsh climate and isolation. With Antarctica potentially becoming habitable only a few decades from now, revisiting the Antarctic Treaty in favor of an orderly division of the continent is likely to be the best plan for avoiding costly conflict.

Author : Virgiliu Pop
Publisher : Springer Science & Business Media
ISBN 13 : 1402091354
Total Pages : 183 pages
Book Rating : 4.53/5 ( download)

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Download or read book Who Owns the Moon? written by Virgiliu Pop and published by Springer Science & Business Media. This book was released on 2008-11-16 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question “Who owns the Moon?” The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension – that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.

Author : John D. Leshy
Publisher : Routledge
ISBN 13 : 1317359593
Total Pages : 494 pages
Book Rating : 4.93/5 ( download)

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Download or read book The Mining Law written by John D. Leshy and published by Routledge. This book was released on 2015-09-16 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1987, John D. Leshy presents this scholarly study of the 1872 Mining Law as a legal treatise and history of mining in the West from the point of view of mineral exploration and production. This mining law governed the United States mining practice yet had never been changed. The Mining Law attempts to highlight the role of policy and government as well as the more obscure elements of the law which complicated mining practice in the eighties. This title will be of interest to students of Environmental Studies and policy makers.

Author : Catherine Banet
Publisher : BRILL
ISBN 13 : 9004391568
Total Pages : 637 pages
Book Rating : 4.67/5 ( download)

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Download or read book The Law of the Seabed written by Catherine Banet and published by BRILL. This book was released on 2020-01-29 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.