Strategic Reflections on Multilateralism, International Law, and the Role of Emerging States

Some commentators warn that space mining, largely unregulated under international law, will inevitably give rise to disputes and perhaps even conflicts. From your perspective, is space mining destined to create friction? Or will states be able to agree on new rules and norms as necessary?

There has been a resurgence in interest in the possible benefits from the future exploration, exploitation, and utilization of the natural resources of the Moon and other celestial bodies. While these “space resource activities” may have benefits, there are also significant risks and challenges. 

This is an endeavour with global implications; it has the propensity to change the way we think of outer space and the place of humanity in the broader environment around us. It also has significant geopolitical implications involving power, competition, prestige, rivalry, and the desire to be the first to undertake such activities. Coupled with this, there are expectations by some that significant financial and commercial benefits will be derived from space resource activities and states seem concerned to protect the interests of themselves and their like-minded partners and private sector participants, particularly those that are at the forefront of technology development. This issue is in some areas seen as another manifestation of a space race.

History has shown that, on Earth, the control of natural resources has often been a focal point for many conflicts. There is always a risk that, notwithstanding the unique legal status of outer space — underpinned by the application to space activities of the “non-appropriation” principle set out within the 1967 Outer Space Treaty, and the 1979 Moon Agreement, as well as the 1945 United Nations Charter — the allure of space resources may give rise to tensions and worse.

Within this context, the international community has come to recognize that governance mechanisms must be developed to ensure that any future space resources activities are to be undertaken in a manner that is safe and sustainable and minimizes the risk of misunderstandings, miscalculations, and conflicts. There is a recognition of the need for multilateral processes within the UN to address these concerns. Many questions need to be factored into these discussions, particularly relating to any future legal model that may be appropriate for the exploration, exploitation, and utilization of space resources.

In moving forward, we also need to carefully consider the potential for a “tragedy of the commons” situation in relation to space resources, just as we are with the problem of increasing space debris. What is really at stake is the future of universal human access to space. A rash move at this point could tip the balance and erode the principles encapsulated in the idea of space as akin to a global common. While there may be considerable benefits to future generations should we find a way to exploit space resources safely and sustainably, there are also considerable risks. These need to be approached very carefully. Cool heads are required, and the key will be international co-operation and agreement on a broad scale. 

As such, this issue is too important and too complex to be undertaken by a small number of private enterprises or countries. A clear set of appropriate rules of the road must be established to safeguard the interests of every stakeholder and address the legal, technical, geopolitical and policy challenges. Countries must work together to establish common standards, guidelines, and mechanisms for regulating space resource activities and ensuring compliance with international law. 

In other words, it is imperative to avoid a situation where different groupings of countries and companies are engaged in such activities under differing rules and operating standards, if we are to minimize the risk of misunderstandings, miscalculations, and worse. The UN Committee on the Peaceful Uses of Outer Space (COPUOS) system of agreement based on multilateralism and consensus is the most appropriate way to facilitate dialogue and promote the peaceful and equitable use of outer space, recognizing also that an atmosphere of competition exists.

The work of the UNCOPUOS Working Group on Legal Aspects of Space Resource Activities is an important part of this process. It is open, transparent, and inclusive and allows all Member States the opportunity to contribute to the development of appropriate governance frameworks. Part of its mandate, agreed by consensus by all Member States, is to: 

“[d]evelop a set of initial recommended principles for such activities, taking into account the need to ensure that they are carried out in accordance with international law and in a safe, sustainable, rational and peaceful manner.” (Emphasis added.)

Of course, multilateralism is not perfect — it is highly political and often slow and frustrating. However, with issues such as possible future space resource activities, it is the most desirable process to maximize the benefits and minimize the risks.