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Author: Ricky Lee Publisher: Springer Science & Business Media ISBN: 9400720394 Category : Law Languages : en Pages : 397
Book Description
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: Ricky Lee Publisher: Springer Science & Business Media ISBN: 9400720394 Category : Law Languages : en Pages : 397
Book Description
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: Ricky Lee Publisher: Springer Science & Business Media ISBN: 9400720386 Category : Law Languages : en Pages : 397
Book Description
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: Annette Froehlich Publisher: Springer ISBN: 3319669699 Category : Business & Economics Languages : en Pages : 119
Book Description
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: Fabio Tronchetti Publisher: BRILL ISBN: 904742879X Category : Law Languages : en Pages : 400
Book Description
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: Category : History Languages : en Pages : 232
Book Description
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: Samuel Chuks Japhets Publisher: ISBN: Category : Space mining Languages : en Pages : 0
Book Description
The outer space territory and celestial bodies are unfathomably rich in strategic mineral resources worth trillions of dollars such as water ice, helium-3, platinum, iron, cobalt, and ammonia. These space resources, distinct from their space territorial and celestial bodies loci, need to be located, characterized, captured, processed, concentrated, and transported to points of use in-situ or on Earth by capable state and private space investors, stakeholders, or national agencies, for private benefits. Investors in this embryonic space mining industry need legal certainty and predictability under unambiguous legal and policy frameworks that guarantee property interests over extracted minerals. The Problem is that space mining activity is not expressly accounted for in the governing outer space law, therefore dueling legal theories abound on the legality of space mining. These notions include strict “Non-Appropriation,” permissible competitive appropriations, and conflict-oriented nationalist exclusive / imperial colonization theories. However, this research study finds that under the better, more coherent, and plausible legal interpretation of the “Non-Appropriation” principle, there is no inherent incompatibility between the terra/res communis omnium philosophical basis of Article II, 1967 OST, and the res nullius policy framework of Title IV, U.S. 2015 Space Act. This qualitative research study examined, catalogued, interpreted, and analyzed an exhaustive compendium of empirical and theoretical extant documentary data of outer space Regimes Theory literature, through the lens of a politico-philosophical and legal-historical perspectives. The study used Glaser and Strauss’ (1967) Grounded Theory methodology, in a rigorous comparative inductive analysis of the themes, concepts, and theoretical frameworks inherent in the primary and secondary data of space law and policy. The overarching theory is that Article II, 1967 OST and Title IV, U.S. 2015 Space Act can straightforwardly be harmonized. Thus the U.S. does not need to unilaterally modify the 1967 OST, withdraw from its tenets, or embark on a unilateral imperial colonization of outer space and celestial bodies in order to implement and actualize the policy goals of Title IV, Sec. 51301-03, U.S. 2015 Space Act. On this basis therefore this study adds two novelties to the study of space mining law and policy: first, this research study proposes that contemporary theoretical constructs and the theorists of space mining law and policy are best understood when structured in accordance with their underlying dominant ideological spectrum as done in this study; and second, in addition to theories of implicit presence and legal historical analysis of the travaux preparatoires of international space law, the legitimacy of Title IV is best defended principally on the 1927 “Lotus” principle due to the explicit silence of space mining policy in the body of general international law and its cognate internat
Author: Elizabeth Bastida Publisher: Kluwer Law International B.V. ISBN: 9041121161 Category : Law Languages : en Pages : 1158
Book Description
This book covers a broad spectrum of issues shaping the current paradigm of minerals sector governance. The ultimate aim of the book is to understand trends and developments in mineral law and policy occurring at international, regional, cross-border and in some selected cases at national level and also to identify some of the challenges lying ahead. With these objectives in view, the book brings together a representative selection of the most knowledgeable authors on the subject. The contributions deal with a diverse range of issues tackled from interdisciplinary perspectives. Topics are divided into five main chapters: international and comparative aspects of mineral law; actors and policies in the minerals industry; investment prospects, financial and fiscal issues; sustainable development and regional outlooks. The book aspires to serve as a useful reference for scholars, practitioners, students and all those with an interest in current developments in the areas reviewed. Elizabeth Bastida is the Rio Tinto Research Fellow and the Director of the Mineral Law and Policy Programme at the Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee (CEPMLP/Dundee). Thomas W?lde is the Professor of International Economic, Natural Resources and Energy Law and was (until 2001) the Executive Director of CEPMLP/Dundee. He currently runs TWA, his private consultancy firm, which provides advisory services in natural resources and energy law, regulatory reform, investment promotion, state enterprise/agency appraisal and restructuring, privatisation, contract assessment, negotiation and dispute management. Janeth Warden-Fern?ndez is a Research and Teaching Fellow, an advisor of the Mineral Law and Policy Programme and the Manager of the Distance Learning Programme at CEPMLP/Dundee.
Author: John D. Leshy Publisher: Routledge ISBN: 1317359593 Category : Nature Languages : en Pages : 494
Book Description
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: Ricky Lee
Author: Ricky Lee
Author: Ricky Lee
Author: Annette Froehlich
Author: Fabio Tronchetti
Author: Doaa Abdel-Motaal
Author: Samuel Chuks Japhets
Author: Elizabeth Bastida
Author: Daniel Moreau Barringer
Author: John D. Leshy
Author: United States. Congress. House. Committee on Interior and Insular Affairs