Skip to main content Accessibility help
×
×
Home

Space Resources in the Evolutionary Course of Space Lawmaking

  • Brian R. Israel (a1)
Extract

The United States’ enactment of the Space Resource Exploration and Utilization Act of 2015 marked a significant turn in the evolutionary course of space lawmaking, although not for the reasons commonly cited. The Act is noteworthy not for its substance, but as a symptom of emerging structural change in how space law is made, and by whom. Using space resources as a case study, this essay charts this evolutionary shift in space lawmaking and assesses its implications for the international regime on which a growing and increasingly diverse range of space operators depend.

  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      Space Resources in the Evolutionary Course of Space Lawmaking
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      Space Resources in the Evolutionary Course of Space Lawmaking
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      Space Resources in the Evolutionary Course of Space Lawmaking
      Available formats
      ×
Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Footnotes
Hide All

The author's views are personal and do not necessarily represent those of his current or former employers.

Footnotes
References
Hide All

1 Pub. L. No. 114–90, 129 Stat. 720–22.

2 Stephen D. Krasner, Structural Causes and Regime Consequences: Regimes as Intervening Variables, in International Law and International Relations 3, 3 (Beth A. Simmons & Richard H. Steinberg eds., 2007).

4 See Brian R. Israel, Treaty Stasis, 108 AJIL Unbound 63 (2014).

5 Id.

6 G.A. Res. 41/65 (Dec. 3, 1986).

7 Setsuko Aoki, Domestic Legal Conditions for Space Activities in Asia, 113 AJIL Unbound 103 (2019).

8 Pub. L. No. 114–90, § 402(a), 129 Stat. 721 (codified at 51 U.S.C. § 51303) (emphasis added).

9 See International Space Exploration Coordination Group, The Global Exploration Roadmap (Jan. 2018).

10 See, e.g., 14 C.F.R. § 415.57(b)(2) (“The FAA consults with the department of State to determine whether launch of a proposed payload or payload class would present any issues affecting U.S. foreign policy interests or international obligations.”).

11 See 1979 Dig. U.S. Prac. Int'l L. 1172–73 (1979); 1980 Dig. U.S. Prac. Int'l L. 671–82 (1980).

12 See Brian J. Egan, Legal Adviser, The Next Fifty Years of the Outer Space Treaty, Galloway Symposium on Critical Issues in Space Law (Dec. 7, 2016).

13 See Exploring New Frontiers: Draft Law on the Exploration and Use of Space Resources (July 13, 2017) (Lux.); Explanatory Statement, Draft Law on the Exploration and Use of Space Resources (Nov. 11, 2016).

15 The 1979 Moon Agreement was intended to coordinate space-resource utilization but did not gain the traction of the four multilateral space treaties that preceded it. See Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, Status as at June 2, 2019, UN Treaty Collection (reporting that eighteen states have ratified or acceded to the treaty).

The author's views are personal and do not necessarily represent those of his current or former employers.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

AJIL Unbound
  • ISSN: -
  • EISSN: 2398-7723
  • URL: /core/journals/american-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Abstract views

Total abstract views: 0 *
Loading metrics...

* Views captured on Cambridge Core between <date>. This data will be updated every 24 hours.

Usage data cannot currently be displayed