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Space Mining: Futuristic Trend & Legal Perspectives

di - 28 Febbraio 2022
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In 1899, the Permanent Court of Arbitration (PCA) was established by the Convention for the Pacific Settlement of International Disputes as the first global mechanism for the settlement of disputes between states. Nevertheless, dispute resolution may involve various combinations of states, state entities, intergovernmental organizations, and private parties.[20]
In 2011, PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities came into force in response to international disputes involving with outer space.[21] This brings opportunities for lawyer specializing in international space law to participate in the Specialized Panel of Arbitrators[22] established under the PCA Optional Rules. Moreover, according to the Article 5[23], parties are allowed to choose a person to represent him/her in the trial. Space-law lawyers can participate through this channel as well.
Other international organizations may also need a knowledgeable staff on space law. For example, in 2020, United Nations Office at Vienna recruited an Associate Space Law Officer (Policy).[24] Besides, there are other international organizations working on outer space that might need a specialist in space law as well, e.g. United Nations Office for Outer Space Affairs (UNOOSA), European Space Agency (ESA), and Asia Pacific Space Cooperation Organization (APSCO).
Not merely intergovernmental organizations, some private law firms also provide legal assistances in space issues.

Economic Development
Asteroid mining, as explained above, would allow humans to obtain more resources to fulfill their unlimited needs. This would contribute to manufacturing and consuming activities, and would ultimately contribute to economic growth. Besides, increasing of space companies shall reach to higher employment rate. At the present, even though some countries already have their domestic law for this activity, but concrete investment to seriously conduct asteroid mining is not seen so far. Further studies on asteroids and resources therein are still required. The priority should be now given to technology developers which will be highly needed to assure that asteroid mining will be fruitful and satisfying to the global demands.[25]

Note

20.  Permanent Court of Arbitration, “History” Permanent Court of Arbitration, n.d., https://pca-cpa.org/en/about/introduction/history/. Accessed January 29, 2022.; Permanent Court of Arbitration, “Frequently Asked Questions” Permanent Court of Arbitration, n.d., https://pca-cpa.org/en/faq/. Accessed January 29, 2022.

21.  Permanent Court of Arbitration, “Optional Rules for Arbitration of Disputes Relating to Outer Space Activities” Permanent Court of Arbitration, December 6, 2011, https://docs.pca-cpa.org/2016/01/Permanent-Court-of-Arbitration-Optional-Rules-for-Arbitration-of-Disputes-Relating-to-Outer-Space-Activities.pdf. Accessed January 29, 2022.

22.  Permanent Court of Arbitration, “Specialized Panel of Arbitrators” Permanent Court of Arbitration, October 20, 2020, https://docs.pca-cpa.org/2022/01/2022/01/a42fa03c-pca-184031-v15-current_list_annex_4_sp_outer_space_arb.pdf. Accessed January 29, 2022.

23.  Permanent Court of Arbitration, “Optional Rules for Arbitration of Disputes Relating to Outer Space Activities” Permanent Court of Arbitration, December 6, 2011, https://docs.pca-cpa.org/2016/01/Permanent-Court-of-Arbitration-Optional-Rules-for-Arbitration-of-Disputes-Relating-to-Outer-Space-Activities.pdf. Accessed January 29, 2022.

24.  United Nations Careers, “Job Opening – Associate Space Law Officer (Policy), P2 (Temporary Job Opening)” United Nations Careers, December 6, 2011, https://careers.un.org/lbw/jobdetail.aspx?id=133346. Accessed January 29, 2022.

25.  Space Industry Bulletin, “The economic case for asteroid mining, and where we are today” Space Industry Bulletin, February 23, 2020, http://spaceindustrybulletin.com/the-economic-case-for-asteroid-mining-and-where-we-are-today/. Accessed January 29, 2022.

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