Overview

Within the next 5 to 10 years commercial corporations will begin exploratory mining operations on asteroids orbiting the earth. While this is a huge leap forward in human development and technological advancement, current national regulation and law providing mining rights in space do not exist. International treaties and recognized space law, in regards to commercial collection and exploitation of resources, is vague and leaves a great deal to interpretation. The purpose of this comparative case study is to determine how the US interprets what is known as 'Common Access Areas, ' or those areas outside of national jurisdictional authority, in regards to commercial mining operations. The study is meant to identify if legal precedent exists in similar areas that will either allow the U.S. to continue commercial mining in space without international clarification, or if precedent indicates that international accord must met. CHAPTER 1 INTRODUCTION * Overview * Primary Research Question * Secondary Research Questions * Assumptions * Definitions * Limitations * Delimitations * Conclusion * CHAPTER 2 TECHNOLOGICAL ACHIEVEMENT AND THE INTERNATIONAL RESPONSE: A LOOK INTO THE CONTINUATION OF EVOLVING SPACE LAW * Common vs Civil Law: Discrepancies within the International Law Framework * Common Law Tradition * Civil Law Tradition * The Need for Analogies in Developing International Law * Foundations of Space Law * Law of the Sea and UNCLOS * Antarctic Treaty * Current Space Laws * National Space Laws * International Space Treaties * Treaty on Principles Governing Activities of States * Agreement on the Rescue of Astronauts * Convention on International Liability * Convention on Registration of Objects Launched into Outer Space Agreement Governing the Activities of States on the Moon and Other Celestial Bodies * Why Space Mining * Proposed Laws * CHAPTER 3 RESEARCH METHODOLOGY * Preliminary Steps in Research Design * Knowledge Claims * Strategy * Qualitative, Quantitative, or Mixed Methods Approach * Design * Data Collection Methods * Data Analysis Methods * Fact * Theory * CHAPTER 4 ANALYSIS REGARDING U.S. PRECEDENCE OF COMMERCIAL ACTIVITIES WITHIN AREAS OF COMMON ACCESS * Presentation of Analysis: Survey Demographics * Common Heritage of Mankind, Similar Principles, and What Has Been Adopted by the U.S. * Secondary Research Question 1 * Facts * Theory * U.S. Actions Establishing, or Denying, Precedence for the Allowance of Space Mining * Secondary Research Question 2 * Facts * The High Seas * Antarctica * Space * Theory * High Seas * Space * Secondary Research Question 3 * Fact * Theory * The ASTEROIDS Act * Secondary Research Question 4 * Possible International Response to U.S. Pursuance of Legalizing Commercial Space Mining * Secondary Research Question 5 * Fact * Theory * Summary * CHAPTER 5 CONCLUSIONS * Interpretation of Results * Common Heritage of Mankind, Similar Principles, and What Has Been Adopted by the U.S. * U.S. Actions Establishing, or Denying, Precedence for the Allowance of Space Mining * High Seas * Antarctica * Section Summary * The ASTEROIDS Act and What It Does, and Does Not, Do * International Response to U.S. Pursuance of Legalizing Commercial Space Mining * Areas for Further Study * Conclusion

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9781981076475

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