International Legal Outer Space Policy of the United States of America

Abstract

The new outer space natural resources policy of the United States, outlined between 2015 and 2020 by national legislation (including the U.S. Space Resource Exploration and Exploitation Act of 2015 and the U.S. Executive Order of April 6, 2020) and in 2020 also by the U.S.-initiated separate international Artemis Aсcords, is meant to be consistent with the universal Outer Space Treaty of 1967, the basic source of international space law. This policy, which opens access for private investors to natural resources of celestial bodies under the American legislation has commanded a wide international attention not only because of the exhilarating data on the high density of deposits of precious metals and other highlydemanded natural resources on some asteroids, but also because of the question raised during the workings of the UN Committee on the Peaceful Uses of Outer Space: does this policy violate the US obligations under international law according to which the use of outer space, including celestial bodies, constitutes "the province of all mankind"? Or is it more rational for other states to create a similar international format of selective cooperation in order to be among the first to exploit the wealth of nearby celestial bodies without devoting political efforts to collectively establish international offense committed by the United States? Can a national legal and international legal response of Russia, China and other states, which are not subordinated to the United States, supported by their technological and industrial outer space infrastructure applicable to the outer space natural resources activities, become an effective incentive to negotiate a universal special international legal regime? It appears to be feasible since it is necessary to ensure conflict-free and, consequently, economically stable outer space natural resources activities corresponding to the national interests of the majority of states even with different international legal positions.