Regulation of Space Resources Mining: the Creation of an International Legal Custom

Abstract

This article analyses of the current state of affairs on the creation of "legal certainty" for economic entities in the field of exploration, mining, using and appropriation of space resources. The study used a parallel analysis of various events (legal, political, economic ones) in the field of regulation of the extraction of space resources, as well as relevant legal acts. The studied sources are relevant acts of international and national space law, "gray" literature, Russian and foreign publications. The transformation of international ideas about the possibility of national and/or private appropriation of space resources is proposed to be considered not only on the basis of an analysis of norms and doctrine, but also taking into account institutional changes and technological achievements of various countries. The theoretical question of ownership of extraterrestrial resources and territories, discussed since the early 1960s, has moved from the distant future to practical plane. The current international space law seems to be insufficiently unambiguous for private companies, and therefore requires clarification. However, the pace of modernization of international law lags behind the needs of the development of the space economy, does not meet the interests of space investors and entrepreneurs. It is concluded that the chain of events of 2014-2022 testifies to the concerted actions of a group of countries aimed at the deliberate formation of an international legal custom – the source of international space law. It is shown that the adoption of a universal decision shared by all States in the field of space resources is hampered by the existence of equally significant, but competing principles of law. Today, economic challenges are decisive in the development of international space law: legal certainty in the field of extraction of space resources is necessary to ensure the economic priority and competitiveness of technologically advanced states in space.