The Viability of Space Mining in the Current Legal Regime

ABSTRACT Several private players have expressed their desire to mine resources in space. This posits ethical and legal concerns. Several scholars argue that space mining activities flout the national non-appropriation principle enshrined in Article II of the Outer Space Treaty. However, it is the opinion of the author that space mining does not per se violate the provisions of Article II, though space mining brings forward other concerns of breach of cooperation and environmental damage. The current legal regime is not adequately equipped to address these problems. The national legislations of several countries which allow for space mining do not address these issues. Even though an international regime emulating deep seabed mining addresses some of these concerns, the current political structure is not in favor of such a development. Hence, the legal viability of any potential space mining industry is on tenuous terms.