Legal Ethics of Space Mining
Legal Ethics of Space Mining
Legal Ethics of Space Mining
BRITTO’S ACADEMY
LEGAL ETHICS OF
A INNO VISION BY
NAGADHEEPAN N. &
JOSHITHA K.A.
ST.BRITTO’S ACADEMY
TABLE OF CONTENTS
ABSTRACT
ETHICAL CONSIDERATIONS OF
SPACE MINING
THE PROBLEM
PROPOSALS FOR
ETHICAL SPACE MINING
CONCLUSION
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ABSTRACT
Space mining, the extraction of minerals and other
valuable materials from asteroids and other celestial
bodies, represents the next frontier in resource
acquisition. This paper explores the legal and ethical
dimensions of space mining, addressing international
treaties, property rights, environmental concerns, and
socio-economic implications. It seeks to provide a
balanced discourse on how legal frameworks can evolve
to ensure ethical practices in space mining while
promoting sustainable development and equitable
resource distribution.
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introduction
The advancement of space technology and the increasing interest
in space mining have brought about the possibility of extracting
valuable resources from asteroids, the Moon, and other celestial
bodies. These resources include rare metals such as platinum,
gold, and other elements critical to technology and industry. The
potential economic benefits of space mining are immense, but so
are the legal and ethical challenges it presents. This paper aims to
delve into the intricate legal frameworks and ethical
considerations associated with space mining, highlighting the need
for an evolved governance model that ensures fairness,
sustainability, and global cooperation.
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In the OST, the focus is made on the idea that outer space and
celestial bodies should be used for the common benefit of
mankind regardless of its level of economic or scientific growth,
which underlines the fact that space is shared by all.
The Moon Agreement has been less ratified than the OST, but it
expands upon the OST and focuses on the Moon and resources
thereon.
It asserts that:
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Property Rights as well as Common Heritage:
The principle of the common heritage of mankind is one of the
foundational legal principles in the regulation of outer space and
implies that the resources of space should be used to everyone’s
benefit rather than for profit of the few. This principle is provided
in the Outer Space Treaty of 1967, and it is even reinforced in the
Moon Treaty of 1984. However, there is an addition of national
laws that provision property rights of space resources to private
actors which complicates this ethical structure.
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Sustainable Practices:
Because space mining is a largely uncharted area, measures that
should be taken to guarantee compliant mining will have to be
established. This encompasses rules for practising conservation,
for example, avoiding the expansion of mining business and use
of tools that decrease the influence of mining on the
environment. Besides, there should be compliance measures that
organisations should adhere to in regard to the environment
which should have severe consequences if not followed.
Socio-Economic Impacts:
The exploitation of space resources may increase existing
inequalities with wealth, and technological means in the hands of
few nations and companies. As such, ethical space mining must
rise to the occasion and advocate for reforms aimed at giving
voices to the voiceless and increasing the stakeholders’ benefit
sharing ratio.
Addressing Inequalities:
Since space mining is bound to become an existing reality soon,
there is a strong likelihood that the developed nations and their
corporations will capture the opportunity and leave the
resource-deficit nations with little or nothing to capture. Ethical
consideration should incorporate measures for the promotion of
space capacities in the less-developed countries of the world.
This could be in the form of collaboration with foreign
companies, technology sharing or sponsorships of education
programs in order to create the human resource required in
space mining.
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Fair Distribution of Benefits:
For this reason, equitable allocation of the benefits arising from
space mining is vital in order to avoid the worsening of the
existing inequity in the sharing of space resources. Higher
policies regarding space mining should be created with one of the
aims being aimed at; equitable distribution of the expected
revenues across the participating countries. It could comprise
the creation of an international fund for investing some part of
mining revenues into development initiatives in the less-
developed countries.
International Collaboration:
The socio-economical effects of mining have to be countered
through international cooperation. The international cooperation
between countries, firms and research organisations will help to
establish a fair management system of space resources.
Superposition solves the ethical problems of space mining by
involving the participation of different stakeholders in the
decision making.
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MAJOR PROBLEM: LEGAL AMBIGUITIES
AND CONFLICT OF INTERESTS
The national laws, such as the U.S. SPACE Act and Luxembourg's
Space Resources Law, grant property rights to private entities,
potentially conflicting with the non-appropriation principle of the
OST and the Moon Agreement. This dichotomy fosters a
competitive rather than a cooperative approach to space mining,
undermining the ethical principle of space as a common heritage
of mankind.
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OPTIMAL SOLUTION: ESTABLISHMENT
OF AN INTERNATIONAL SPACE MINING
AUTHORITY
4.1 Literature Review :
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4.2 Benefits :
Economic Benefits :
1. Resource Availability: Space mining can provide access to
vast amounts of rare and precious metals, such as
platinum, gold, and rare earth elements, which are crucial
for advanced technologies.
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2.Economic Growth: Development of a space mining industry
could lead to new markets and job creation, stimulating
economic growth and technological advancement.
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Scientific Benefits:
Environmental Benefits :
Social Benefits:
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Strategic Benefits :
Industrial Benefits :
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PROPOSALS FOR
Ethical Space Mining
International Waste Management and
Governance Biodiversity Conservation
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PROPOSALS FOR ETHICAL SPACE
MINING
With space mining being more realistic now, it is also
important to note the moralities of the space exploitation
endeavour. It is for this reason that there is a clear need for a
legal framework that spells out how space mining is to be
done as well as the principles that are to be followed when
conducting the activity. This discussion aims at providing
several of the proposals that shape ethical space mining
among them being international governance, stringent
technological and environmental standards, benefit sharing
and space mining capacity, and international cooperation.
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5.3 Conflict Resolution:
Indeed, competitiveness for space mining is also the
overlaying of claims to resources on space objects – giving it
another complexity. The ISMA would have formulations for
the facilitation of Pacifying Tools, mainly the conflict=solution
forum, which would act as a third-party negotiator in
international trade disputes between individual countries and
global corporations. This may entail negotiation and
conciliation features that address complaints pertaining to
mining privilege and property ownership, allowing every
functionary to state his or her complaints.
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CASE STUDY AND TECHNOLOGICAL
ASPECTS :
6.1 Case Study: The OSIRIS-REx Mission :
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This information is crucial for evaluating the feasibility and
potential profitability of mining specific asteroids.
Organic Compounds:
The mission's analysis of organic compounds on Bennu
can help identify asteroids rich in carbonaceous materials,
which are of interest for both scientific research and
potential resource utilization.
FIGURE 6.1.2: Shows the steps of the NASA’s OSIRIS REx - Mission
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1. Autonomous Navigation:
The mission employed autonomous navigation
techniques using the onboard cameras and algorithms
to navigate and maneuver around Bennu, allowing
precise operations in the challenging environment of a
small, low-gravity body.
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Lidar Technology (OSIRIS-REx Laser Altimeter - OLA):
The Lidar system provided detailed 3D mapping of
Bennu’s surface, essential for selecting a safe and
scientifically valuable sampling site. This technology is
crucial for future mining operations that require
accurate surface mapping.
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CONCLUSION
The emergence of space mining represents a transformative
opportunity for humanity, providing access to vast resources
that could alleviate some of the pressing challenges faced on
Earth. However, this potential is accompanied by significant
legal and ethical challenges that must be addressed to ensure
that space mining is conducted responsibly and equitably.
The global community has a crucial role to play in developing
robust international legal frameworks and ethical guidelines
that govern these activities.
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To minimize ecological impacts, the ISMA should mandate the
use of eco-friendly technologies and require comprehensive
environmental impact assessments for all proposed mining
operations. Establishing protocols for waste management and
habitat preservation will further ensure that space mining is
conducted sustainably, protecting the integrity of these
pristine environments for future generations.
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By fostering international partnerships for collaborative
space missions and research projects, the global community
can work together to create a more inclusive approach to
space mining. Such cooperation will not only enhance the
capabilities of less-developed nations but also promote a
sense of shared responsibility for the sustainable use of space
resources.
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