Legal aspects of the commercial utilization of space resources: Between state and private responsibility (Interactions between International Space Law, International Energy Law and International Investment Law)
Abstrakt
Despite rapid technological development, adequately large financial capacities of private investors and ambitious plans of national or international space agencies to extract space resources, an international legal framework on space resource activities has not been adopted yet. Lack of necessary legal framework on space resource utilization and the consequent legal uncertainty represent a significant barrier.
Since state parties to the Outer Space Treaty bear international responsibility for national activities (Article IV of the OST), states tend to increasingly regulate commercial space activities at the national level. Due to limited applicability of international investment agreements to the state territory, private investors may be exposed to significant political risk.
The contribution seeks to explore the inherent limitation of national legislation for international stability and predictability as well as long-term compliance of national space legislation with the principles of international law.