• 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.

• Economic and Environmental Geology
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• v.39 no.2 s.177
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• pp.129-149
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• 2006

Previously published stratigraphic, sedimentologic, paleontologic, paleomagnetic and geophysical data are reviewed to make an understanding on the tectonic evolution of the Cretaceous Gyeongsang (Kyongsang) basin, southeast Korea. A stratigraphic framework and a tectonic model on the formation and deformation of the Gyeongsang Basin are newly proposed on the basis of integration these data with magmatism and mineralization ages in the basin. A newly proposed stratigraphic framework indicates that strata in the basin can be subdivided into five distinct stratigraphic units that represent pre-rifting, syn-rifting, inversion I, II, and III stages. The Gyeongsang Basin was formed initially as a pre-rifting stage due to north-south extension in the Late Jurassic prior to a syn-riftins stage that resulted from east-west extension during the Early Cretaceous. In the Late Cretaceous, the basin was deformed by three-staged sequential deformation of north-south, northwest-southeast, and east-west compressions. The tectonic history of the basin has been largely controlled by the change of motion of the Izanagi Plate from north to northwest during the Cretaceous. In the early Cretaceous, the Izanagi Plate began to subduct northward beneath the Eurasian Plate and caused the left-lateral strike-slip fault systems in the southern part of the peninsula. The left-lateral wrenching of these fault systems was causally linked to development of pull-apart basins, such as the Gyeongsang Basin in the southeastern part of the peninsula. However, northwestward movement of the Izanagi Plate during the Late Cretaceous probably led to the extensive volcanism as well as sequential deformations in the basin. The stratigraphic and tectonic model, which is newly proposed as a result of this study, may be expected to enhancing the efficiency for exploration and exploitation of useful mineral resources in the basin as well as establishing geologic history in the Cretaceous Gyeongsang Basin. Together with the spatial and temporal correlation of the Cretaceous basins in adjacent areas, this stratigraphic and tectonic model provides a new geologic paradigm to delineate the sophisticated tectonic history of East Asia turing the Cretaceous.