ЗАКОН США ОБ ИССЛЕДОВАНИИ И ИСПОЛЬЗОВАНИИ КОСМИЧЕСКИХ РЕСУРСОВ 2015 Г. И МЕЖДУНАРОДНОЕ КОСМИЧЕСКОЕ ПРАВО

Abstract

Adoption of the US Space Resource Exploration and Utilization Act of 2015 (US Act of 2015) led to setting of diverse legal objectives and issues that are primarily subject to regulation within the framework of the international space law (ISL). The US Act of 2015 defines “space resources” and asteroid resources” as well as creates rights of the US citizens to “possess, own, transport, use and больsell” the obtained space and asteroid resources “in accordance with applicable law, including the international obligations of the United States”. There are objective doubts on the issue that this national law can be directly applied in view of the absence within the framework of ISL of a specific international legal regime of natural resources of the Moon and other celestial bodies. ISL does not contain applicable specific norms and principles nor does it directly prohibit activity on utilization of natural resources as well as other commercial space activities. Moreover, in the absence of such a prohibition, a possible interpretation is that “natural resources not in place” as contrasted to “natural resources in place” (appropriation of this category is prohibited according to the Moon Agreement of 1979) are not subject to the founding principle of non-appropriation of the Moon and other celestial bodies and can be used and appropriated in case of compliance of such activity with corresponding international obligations. Keeping in mind that the actual ISL does not provide a specific international legal regime of the exploration and use of natural resources a conclusion is to be made that the notion of “international obligations” for the purposes of the US Act of 2015 (as well as the comparable Luxembourg draft law of 2016) cannot be fully and clearly understood now. This fact primarily as well as other open issues at the national level impact on the possibility of implementation of this law. Moreover, in view of the NASA Asteroid Redirect Mission more legal issues are to be solved regarding specifically the legal status of asteroids. In this context of help may be definition of the notion “celestial body’ that remains “open” in the ISL. Initiatives on the need of coordination of a specific international legal regime are now presented at diverse levels: at the UNCOPUOS Legal Subcommittee, by The Hague Space Resources Governance Working Group, in doctrine as well as in papers presented at symposiums dedicated to the ISL issues; consideration of this issue seems also possible at the upcoming UNISPACE 50+. It seems also of help to consider the international legal experience of regulation of use of natural resources of other territories beyond the national jurisdiction with corresponding development in accordance with the specific nature of the outer space activities. Norms and principles of a potential specific international legal regime of natural resources of the Moon and other celestial bodies can be coordinated in various forms and at different levels. Of importance is the participation of most subjects of international law and the establishment of such a regime before arising of any related international disputes.