When Michelle Hanlon, co-director of the Aviation and Space Law Program at the University of Mississippi, tells people what she does for a living, she says most people are confused. “Most people think I’m a real estate attorney — what kind of space do you sell?” he said laughing. But in fact, Hanlon is an expert on the law that governs space. There are many international agreements governing outer space, including the Outer Space Treaty, which was drafted during the Cold War and signed by more than 100 countries, including the United States, China and Russia. This treaty, which states that “outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty,” is what prevents countries from invading and claiming ownership of the moon. An artist’s rendering of the planned International Lunar Research Station, a China-Russia development partnership. (China National Space Agency) “You can’t put a flag anywhere in space and say now it belongs to the United States, now it belongs to Russia, now it belongs to China,” Hanlon said. But when it comes to mining the moon for resources, things get more complicated. Legal experts are working to figure out exactly how this treaty applies when nations — or private companies working on behalf of nations — begin harvesting resources from the moon or asteroids. “By building a mining operation, some would argue … you’re actually claiming sovereignty by another means,” Hanlon said. “We have to learn to do something in space that we haven’t yet learned how to do on Earth. And that is: look out for and respect each other.” This will be tested in the coming years as the major spacefaring nations scramble to establish bases on the moon. NASA’s Artemis mission, to which the Canadian Space Agency is contributing, hopes to send humans to the moon by 2030. This time, the plan is not just to visit but to stay forever. This includes building a base camp at the lunar south pole, as well as a lunar portal – a spacecraft that will orbit the moon. China and Russia have their own lunar base under development, a collaboration between the two countries called the International Lunar Research Station. In order to avoid transporting resources from Earth to maintain these habitats, space programs hope to harvest resources from the frozen surface of the moon. This includes water – essential to human life and a source of fuel when broken down into hydrogen and oxygen – as well as rare earth minerals and helium-3, a potential source of energy. WATCHES | NASA calls on inventors to help mine the moon: NASA has selected four companies to “harvest space resources” on its behalf and launched a public competition to design, build and test prototypes for digging up frozen dirt from the moon. “The moon is pretty big, and the moon itself isn’t going to fill up with people, but the areas where we know there’s water will fill up,” Hanlon said.
Not the Wild West
Given the history of mining on Earth, including the human toll and environmental damage, there are concerns that the same mistakes will be repeated when humans become a truly space-faring species. “I worry at times,” said Kuan-Wei Chen, a legal expert on space law and executive director of McGill University’s Center for Research in Aeronautical and Space Law. “We don’t want to have history repeating itself again, when countries and trading bodies go to what they call the ‘new world’ to start fighting and engaging in conflict over resources.” That’s why, he says, it’s up to academics and governments to emphasize that there are laws that govern space. “Space is not a legal vacuum. It’s not the Wild West. It shouldn’t be the Wild West.” NASA’s Artemis 1 rocket is in place at the Kennedy Space Center in Cape Canaveral, Florida. A second launch attempt for the unmanned spacecraft is scheduled for Saturday. (John Raoux/The Associated Press) To help countries navigate these existing frameworks, Chen worked with a team at McGill University as well as a coalition of international experts to produce a manual on international space law. Given current geopolitical tensions, including Russia’s announcement that it will abandon the International Space Station and build its own, Chen says it’s better to work with existing conditions rather than trying to get countries to agree to a new one. . But the space treaty is open to interpretation when it comes to mining. “The law says very clearly that you are not allowed to appropriate the moon. Now, does that mean that you are not allowed to extract and use your resources that are on the ground or subsoil of the moon? That is not clear,” Chen said.
Generally accepted: If you mine it, you own it
NASA introduced the Artemis Accords in 2020, as what it describes as creating a “secure and transparent environment that facilitates exploration, science and commercial activities for all of humanity.” In a statement sent to the CBC, a spokesperson said that “the extraction of space resources is not inherently national appropriation.” However, Russia and China have not signed the US-led accords and experts say they are unlikely to do so. “Russia and China believe very strongly that the only place you can legislate space is within the United Nations, and they see the Artemis Accords as trying to circumvent that,” Hanlon said. “I think the U.S. would say we’re not skipping, we’re just starting.” Regardless, Hanlon said the interpretation of the Artemis Agreements on the Outer Space Treaty as it applies to mining is in line with what has been generally accepted. He says this step – which China and Russia have never disagreed with – can be summed up as “if you mine it, you own it”. Michelle Hanlon, co-director of the Aeronautics and Space Law Program at the University of Mississippi, said that if people can come up with a plan for the sustainable management of resources in space, all of humanity will benefit. (Submitted by Michelle Hanlon) As nations move closer to establishing a presence on the moon and beyond, Hanlon and Chen agree there needs to be greater awareness of how international law is applied. The hope is that nations will respect the current conditions and find a way to collect resources fairly and sustainably. If they do not, or if a conflict arises, the international community will have to rely on diplomatic pressure — or there is the possibility of turning to the International Court of Justice. “We need to make sure that whatever we do in space and on the moon will not have a negative impact on us now, but also on the future generation,” Chen said. “These international laws … were drafted with these guiding principles to ensure that space is a peaceful domain and to ensure that there is a sustainable future for the future of humanity in space, on the moon and on other planets.” Kuan-Wei Chen, executive director of McGill University’s Center for Research in Aeronautical and Space Law said that while he worries about how space mining will play out, he has faith in the law. (Submitted by Kuan-Wei Chen)
title: “People Want To Mine The Moon. Here S What Space Law Experts Say About The Rules Klmat” ShowToc: true date: “2022-11-20” author: “Sherry Orr”
When Michelle Hanlon, co-director of the Aviation and Space Law Program at the University of Mississippi, tells people what she does for a living, she says most people are confused. “Most people think I’m a real estate attorney — what kind of space do you sell?” he said laughing. But in fact, Hanlon is an expert on the law that governs space. There are many international agreements governing outer space, including the Outer Space Treaty, which was drafted during the Cold War and signed by more than 100 countries, including the United States, China and Russia. This treaty, which states that “outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty,” is what prevents countries from invading and claiming ownership of the moon. An artist’s rendering of the planned International Lunar Research Station, a China-Russia development partnership. (China National Space Agency) “You can’t put a flag anywhere in space and say now it belongs to the United States, now it belongs to Russia, now it belongs to China,” Hanlon said. But when it comes to mining the moon for resources, things get more complicated. Legal experts are working to figure out exactly how this treaty applies when nations — or private companies working on behalf of nations — begin harvesting resources from the moon or asteroids. “By building a mining operation, some would argue … you’re actually claiming sovereignty by another means,” Hanlon said. “We have to learn to do something in space that we haven’t yet learned how to do on Earth. And that is: look out for and respect each other.” This will be tested in the coming years as the major spacefaring nations scramble to establish bases on the moon. NASA’s Artemis mission, to which the Canadian Space Agency is contributing, hopes to send humans to the moon by 2030. This time, the plan is not just to visit but to stay forever. This includes building a base camp at the lunar south pole, as well as a lunar portal – a spacecraft that will orbit the moon. China and Russia have their own lunar base under development, a collaboration between the two countries called the International Lunar Research Station. In order to avoid transporting resources from Earth to maintain these habitats, space programs hope to harvest resources from the frozen surface of the moon. This includes water – essential to human life and a source of fuel when broken down into hydrogen and oxygen – as well as rare earth minerals and helium-3, a potential source of energy. WATCHES | NASA calls on inventors to help mine the moon: NASA has selected four companies to “harvest space resources” on its behalf and launched a public competition to design, build and test prototypes for digging up frozen dirt from the moon. “The moon is pretty big, and the moon itself isn’t going to fill up with people, but the areas where we know there’s water will fill up,” Hanlon said.
Not the Wild West
Given the history of mining on Earth, including the human toll and environmental damage, there are concerns that the same mistakes will be repeated when humans become a truly space-faring species. “I worry at times,” said Kuan-Wei Chen, a legal expert on space law and executive director of McGill University’s Center for Research in Aeronautical and Space Law. “We don’t want to have history repeating itself again, when countries and trading bodies go to what they call the ‘new world’ to start fighting and engaging in conflict over resources.” That’s why, he says, it’s up to academics and governments to emphasize that there are laws that govern space. “Space is not a legal vacuum. It’s not the Wild West. It shouldn’t be the Wild West.” NASA’s Artemis 1 rocket is in place at the Kennedy Space Center in Cape Canaveral, Florida. A second launch attempt for the unmanned spacecraft is scheduled for Saturday. (John Raoux/The Associated Press) To help countries navigate these existing frameworks, Chen worked with a team at McGill University as well as a coalition of international experts to produce a manual on international space law. Given current geopolitical tensions, including Russia’s announcement that it will abandon the International Space Station and build its own, Chen says it’s better to work with existing conditions rather than trying to get countries to agree to a new one. . But the space treaty is open to interpretation when it comes to mining. “The law says very clearly that you are not allowed to appropriate the moon. Now, does that mean that you are not allowed to extract and use your resources that are on the ground or subsoil of the moon? That is not clear,” Chen said.
Generally accepted: If you mine it, you own it
NASA introduced the Artemis Accords in 2020, as what it describes as creating a “secure and transparent environment that facilitates exploration, science and commercial activities for all of humanity.” In a statement sent to the CBC, a spokesperson said that “the extraction of space resources is not inherently national appropriation.” However, Russia and China have not signed the US-led accords and experts say they are unlikely to do so. “Russia and China believe very strongly that the only place you can legislate space is within the United Nations, and they see the Artemis Accords as trying to circumvent that,” Hanlon said. “I think the U.S. would say we’re not skipping, we’re just starting.” Regardless, Hanlon said the interpretation of the Artemis Agreements on the Outer Space Treaty as it applies to mining is in line with what has been generally accepted. He says this step – which China and Russia have never disagreed with – can be summed up as “if you mine it, you own it”. Michelle Hanlon, co-director of the Aeronautics and Space Law Program at the University of Mississippi, said that if people can come up with a plan for the sustainable management of resources in space, all of humanity will benefit. (Submitted by Michelle Hanlon) As nations move closer to establishing a presence on the moon and beyond, Hanlon and Chen agree there needs to be greater awareness of how international law is applied. The hope is that nations will respect the current conditions and find a way to collect resources fairly and sustainably. If they do not, or if a conflict arises, the international community will have to rely on diplomatic pressure — or there is the possibility of turning to the International Court of Justice. “We need to make sure that whatever we do in space and on the moon will not have a negative impact on us now, but also on the future generation,” Chen said. “These international laws … were drafted with these guiding principles to ensure that space is a peaceful domain and to ensure that there is a sustainable future for the future of humanity in space, on the moon and on other planets.” Kuan-Wei Chen, executive director of McGill University’s Center for Research in Aeronautical and Space Law said that while he worries about how space mining will play out, he has faith in the law. (Submitted by Kuan-Wei Chen)
