LEGAL IMPLICATIONS OF SPACE MINING UNDER INTERNATIONAL LAW
AUTHOR – SHRUTI, LLM SCHOLAR AT IILM UNIVERSITY, GURUGRAM
BEST CITATION – SHRUTI, LEGAL IMPLICATIONS OF SPACE MINING UNDER INTERNATIONAL LAW, INTERNATIONAL JOURNAL OF SPACE LAW AND POLICY (IJSLP), 3 (1) OF 2025, PG. 23-32, APIS – 3920 – 0014 & ISSN – 2584-1955
CHAPTER 1. INTRODUCTION
Intellectual property rights in Outer space or celestial bodies
As you all know that Outer Space treaty is established in the year 1967, which is also considered as an international space agreement1[1]. The primary objective of this treaty is to give rise to international space law. 102 countries have tried and succeeded to implement this treaty in their countries while 27 others are yet to ratify, though have signed it. The international agreements of outer space treaty declares that no government can claim outer space or celestial bodies in outer space as its own[2]. For years the inventors have been trying to file and obtain patents for space technologies that have been either unshared or undivided the applicability in outer space but failed to get any ownership rights on space resources because of one principle which is defined in outer space treaty 1967. There are several key principles defined in Outer Space Treaty but one of the key principles is clearly defined in Article II which talks about the Principle of Non- Appropriation. This principle of non-appropriation prohibits states from claiming ownership by occupation, use or any other means[3]. This means that countries can explore and use space, but they cannot claim the resources which they find in the space. However, this principle of non -appropriation clearly creates the uncertainty around the Intellectual Property Rights especially for the companies aiming to exploit space resources such as mineral extraction or other celestial bodies. There is one more Article in the Outer Space Treaty, that is Article VIII which establishes the jurisdiction for a state of registry and control over such objects and over any personnel while in outer space or on a celestial body. Such jurisdiction and control apply personnel only and does not extend to third parties[4].
When the Outer Space Treaty was drafted the drafters probably would not have considered the issue of the Intellectual Property Rights in Outer Space because it seemed like a premature issue at that time. Thus, it is difficult to examine these two principles that would recognize IPR in Outer Space.
[1] U.N. Office for Outer Space Affairs, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, U.N. Doc. A/RES/2222(XXI), June 19,2024.
[2] Henry R. Hertzfeld, Bringing Space into Commercial World: Property Rights without Sovereignty, Digital Commons (June 2005), https://digitalcommons.unl.edu/Spacelaw/15
[3] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Celestial Bodies art 2, Jan 27, 1967, 18 U.S.T. 2410,610 U.N.T.S. 205.
[4] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies art VIII, Jan 27, 1967, 18 U.S.T. 2410, 610 U.N.T.S. 205.