New Elements in the Hague Space Resources Governance Working Group's Building Blocks

Abstract

The making of international space law has stalled for four decades. As the exploitation and use of space resources is likely to begin in the near future, an international legal framework is needed to regulate these activities. On 12 November 2019, the Hague Space Resources Governance Working Group adopted the Building Blocks (the BB), which laid the groundwork for international discussions on the potential development of an international framework on space resources activities. The BB highlights several developments intended to create an environment that will facilitate these activities. This article examines the BB's new elements, with an emphasis on commercial incentives, priority rights, resource rights, safety zones, promoting participation by all countries, sharing of monetary and nonmonetary benefits, sustainable development, and ecocentrism. The article finds that the BB is progressive in terms of providing for legal certainty and predictability, coordination among states, benefits sharing, and protection and preservation of the space environment. The study also argues that the BB is a starting point for the future international legal framework, although other mechanisms are also needed to safeguard the interests of developing states.