• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.419-442
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• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

• Aerospace Industry
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• v.75
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• pp.73-79
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• 2001

산업자원부는 항공우주기술개발사업 관리체제 개편에 따라 전담기관 및 평가기관의 업무 체제 개편내용 등을 반영한 항공우주기술 개발사업 운영요령을 7월 12일 개정 고시하였다. 산업자원부는 작년 항공우주기술개발사업에 30억원을 지원한 것을 대폭 강화하여 금년에는 총 70억원을 지원할 예정이다. 본지에서는 ''''항공우주기술개발사업 운영요령''''의 개정된 내용을 게재하였다.

• Journal of Space Technology and Applications
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• v.3 no.3
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• pp.199-212
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• 2023

In contrast to the short-term nature of lunar missions in the past, lunar missions in new space era aim to extend the presence on the lunar surface and to use this capability for the Mars exploration. In order to realize extended human presence on the Moon, production and use of consumables and fuels required for the habitation and transportation using in-situ resources is an important prerequisite. The Global Exploration Roadmap presented by the International Space Exploration Coordination Group (ISECG), which reflects the space exploration plans of participating countries, shows the phases of progress from lunar surface exploration to Mars exploration and relates in-situ resource utilization (ISRU) capabilities to each phase. Based on the ISRU Gap Assessment Report from the ISECG, ISRU technology is categorized into in-situ propellant and consumable production, in-situ construction, in-space manufacturing, and related areas such as storage and utilization of products, power systems required for resource utilization. Among the lunar resources, leading countries have prioritized the utilization of ice water existing in the permanent shadow region near the lunar poles and the extraction of oxygen from the regolith, and are preparing to investigate the distribution of resources and ice water near the lunar south pole through unmanned landing missions. Resource utilization technologies such as producing hydrogen and oxygen from water by hydroelectrolysis and extracting oxygen from the lunar regolith are being developed and tested in relevant lunar surface analogue environments. It is also observed that each government emphasizes the use and development of the private sector capabilities for sustainable lunar surface exploration by purchasing lunar landing services and providing opportunities to participate in resource exploration and material extraction.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.181-202
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• 2020

The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

• Journal of the Korean Geotechnical Society
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• v.38 no.9
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• pp.19-33
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• 2022

Planarity geotechnical exploration missions were actively performed during the 1970s and there was a period of decline from the 1 990s to the 2000s because of budget. However, exploring space resources is essential to prepare for the depletion of Earth's resources in the future and explore resources abundant in space but scarce on Earth, such as rare earth and helium-3. Additionally, the development of space technology has become the driving force of future industry development. The competition among developed countries for exoplanet exploration has recently accelerated for the exploration and utilization of space resources. For these missions and resource exploration/mining, geotechnical exploration is required. There have been several missions to explore exoplanet ground, including the Moon, Mars, and asteroids. There are Apollo, LUNA, and Chang'E missions for exploration of the Moon. The Mars missions included Viking, Spirit/Opportunity, Phoenix, and Perseverance missions, and the asteroid missions included the Hayabusa missions. In this study, space planetary mineral resource exploration technologies are explained, and the future technological tasks of Korea are described.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.828-832
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• 2008

In 2004, The U.S president Bush announces space Exploration Vision included in Lunar outpost plan. Following the Space Exploration Vision announced by Bush, NASA made Construction Roadmap and studied space construction varietly to construct Lunar Outpost in 2025. The purpose to construct Lunar outpost is to develop space science and hitech industry and to secure the lunar materials. Especially, Lunar has more than 5billion ton He-3. In this reason, The countries advanced in Space Industry like U.S., Japan, Europe and China is studying space construction to mine Lunar materials and shelter to live. In this paper, We will make definition and necesarity of space construction and research Space Construction research trends to use for the preparation of Korea's space construction roadmap.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.215-236
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• 2006

This article focused on the meaning of the 1979 Moon Treaty and its future. Although the Moon Treaty is one of the major 5 space related treaties, it was accepted by only 11 member states which are non-space powers, thus having the least enfluences on the field of space law. And this article analysed the relationship between the 1979 Moon Treay and 1967 Space Treaty which was the first principle treaty, and searched the meaning of the "Common Heritage of Mankind(hereinafter CHM)" stipulated in the Moon treaty in terms of international law. This article also dealt with the present and future problems arising from the Moon Treaty. As far as the 1967 Space Treaty is concerned the main standpoint is that outer space including the moon and the other celestial bodies is res extra commercium, areas not subject to national appropriation like high seas. It proclaims the principle non-appropriation concerning the celestial bodies in outer space. But the concept of CHM stipulated in the Moon Treaty created an entirely new category of territory in international law. This concept basically conveys the idea that the management, exploitation and distribution of natural resources of the area in question are matters to be decided by the international community and are not to be left to the initiative and discretion of individual states or their nationals. Similar provision is found in the 1982 Law of the Sea Convention that operates the International Sea-bed Authority created by the concept of CHM. According to the Moon Treaty international regime will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Before the establishment of an international regime we could imagine moratorium upon the expoitation of the natural resources on the celestial bodies. But the drafting history of the Moon Treaty indicates that no moratorium on the exploitation of natural resources was intended prior to the setting up of the international regime. So each State Party could exploit the natural resources bearing in mind that those resouces are CHM. In this respect it would be better for Korea, now not a party to the Moon Treaty, to be a member state in the near future. According to the Moon Treaty the efforts of those countries which have contributed either directly or indirectly the exploitation of the moon shall be given special consideration. The Moon Treaty, which although is criticised by some space law experts represents a solid basis upon which further space exploration can continue, shows the expression of the common collective wisdom of all member States of the United Nations and responds the needs and possibilities of those that have already their technologies into outer space.

• Aerospace Industry
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• v.71
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• pp.14-19
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• 2000

• Aerospace Industry
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• v.71
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• pp.66-67
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• 2000