The exploitation of natural resources in outer space

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Taking into account that in accordance with the five united nations treaties that regulate activities in space, in the treaty on the principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies of 1967 (known as the magna carta of space), its first article establishes that such activities must be carried out for the benefit of all humanity. It is also indicated in its second article that outer space and celestial bodies may not be the object of national appropriation. In this context, attention is drawn to the emergence of numerous private companies who have seen the possibility of exploiting the existing resources in space, both on the moon and in its numerous asteroids, since they contain immense wealth in gold, platinum, iron, nickel, titanium, antimony, zinc, tin, lead, copper and especially water.


Added to this is the approval of national laws that have  Italy Telegram Number Data supported national companies to carry out said exploitation, such as the space commercial launch competitiveness act adopted by the united states in 2015 and the subsequent luxembourg law of 2017. Given the deficiencies and alterations, which, as a consequence of climate change on our planet, will have an impact on water scarcity, the possibility of get this precious liquid at the north pole of the moon, where it is estimated that there is an enormous amount of frozen water. In this sense, the exploration and exploitation of the resources of celestial bodies is an interesting option for humanity, but, as long as we take into account that such exploitations they should be carried out for the benefit of everyone and not for certain companies individuals who, due to their economic and technological capacity, can first access such resources.



It is interesting to remember that, in article 11 of the agreement that should govern the activities of states on the moon and other celestial bodies (moon agreement), it is indicated that “the moon and its natural resources are the common heritage of humanity” and also take into account that for this reason this agreement has not been signed or ratified by the large states, which it highlights the tension between the collective interests of humanity and the private interests of states and private companies. Without a doubt, in these circumstances, we jurists have to reflect and underpin the principles on which exploration and exploitation should be carried out in outer space in order to preserve its ecological balance and a rational exploitation of its resources, without forgetting that these are riches that have taken millions of years to form and that in the blink of an eye can disappear for the benefit of some few.