A workable exploitation of celestial bodies: key principles for avoiding conflicts Dr. Philip De Man Prof. Dr. Jan Wouters Key tensions Regulation of exploitation of celestial bodies complicated by absence of definition of celestial
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Presentation Transcript
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A workable exploitation of ‘celestial bodies’: key principles for avoiding conflicts Dr. Philip De Man Prof. Dr. Jan Wouters<br>
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Key tensions Regulation of exploitation of celestial bodies complicated by absence of definition of celestial bodies and natural resources
How to distinguish between celestial bodies and their natural resources?
Relevant for application of basic principles of space law to exploitation activity
Specific issues re: legality of exploitation of material resources of celestial bodies
Mainly application of non-appropriation principle and implementation of sharing of benefits/interests
Possible conflicts (Fasan)
Concern re: appropriation of celestial bodies
Concern re: exclusivity of exploitation activity<br>
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Proposed solutions Excluding certain celestial bodies from legal definition
Astronomical taxonomy
In toto transportation
Excluding natural resources from scope of non-appropriation principle
Adoption of OST: inclusive scope of NA principle
CB arguments reiterated mutatis mutandis to their resources
Compare ‘in place’ criterion Article 11 (3) MA
Fundamental assumption: physical possession removes celestial bodies and/or resources from application of non-appropriation principle
Issues
Before extraction NR cannot be distinguished from CB in absence of definitions
Extraction as defining criterion confuses physical and legal appropriability<br>
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Suggested guidelines (I) Property rights? Main argument for property rights: legal certainty
Key element for reducing potential of conflict
Two perspectives
Required for allowing act of exploitation
At international level: confuses exploitation with appropriation
At national level: recognition of property rights cannot reduce uncertainty
Required for securing investments
Assumes that exploitation is lawful
Recognition of property rights over extracted resources does not address key issues/periods of uncertainty
Main elements of uncertainty
Between initial plans/exploration and actual exploitation
Exclusivity during extraction?<br>
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Suggested guidelines (II) Avoiding conflict in the absence of property Conflicts between users
Key concern: exclusivity if first in time, reasonable limits to exploitation if not
Guidelines
exclusion based on non-interference on condition and for duration of actual exploitation
functional limitation to size of area and amount of resources recovered
Conflicts between prospective users
Key concern: freedom of exploration should give way to exclusive exploitation
Guideline: tentative exploration exclusivity for fixed duration based on sufficiently advanced plans on identified celestial body
Conflicts between users and non-users
Key concern: ensure benefits for and safeguard freedoms of actors without sufficiently advanced plans, while rewarding efforts of exploiting entities
Guidelines
Recognize legality of transfer of processed resources for use by others
Financial due diligence fees as taxation for distribution among non-users<br>
