Asteroid mining brings up some tricky legal questions.
By Frans von der Dunk, as told to Veronique Greenwood.
Frans von der Dunk is the Harvey and Susan Perlman Alumni and Othmer Professor of Space Law at the University of Nebraska College of Law. In addition, he is the director of a space law and policy consultancy, Black Holes, based in the Netherlands.
Within weeks of the launch of Sputnik I in 1957, after the U.S. made no protest against the satellite flying over its territory, space effectively became recognized as a global commons, free for all. The UN Committee on the Peaceful Uses of Outer Space, charged with codifying existing law and developing it further to apply to space, was brought into being, with all major nations being involved. The fundamental rule of space law they adopted is that no single nation can exercise territorial sovereignty over any part of outer space. American astronauts planting the flag on the moon did not, and never could, thereby turn the moon into U.S. territory.
Now that private companies are making forays into space, though—with SpaceX’s Dragon capsule mission last week only the first of many, and plans to mine asteroids for private profit seeming more and more plausible—we’re facing a sudden need to update the applicable laws. How will we deal with property ownership in space? Who is responsible for safety when private companies begin to ferry public employees, like NASA astronauts, to the International Space Station?