Abstract

The increasing interest in space mining, fueled by technological progress and the presence of high-value resources on celestial bodies, has outpaced the development of a complete international legal framework. This paper discusses the current state of international space law with regard to space mining, with special focus on the Outer Space Treaty (OST) of 1967, the Moon Agreement of 1979 , and national space law of states like the United States and Luxembourg. The paper discusses the legal uncertainty of resource exploitation, property rights, and non-appropriation principles, and the tensions between unilateral measures taken by states and the need for a harmonized international regime. The paper promotes the implementation of a soft law, inspired by the practice of terrestrial mining and international cooperation paradigms, to ensure fair and sustainable regulation of space resources. The paper acknowledges the need for international cooperation to prevent conflicts and ensure peaceful uses of resources in outer space.Small countries like Luxembourg are actively pushing space mining law, attracting corporations with legal and financial incentives. Nauru's role in deep seabed mining under UNCLOS has analogues, raising questions about equity and distribution of benefits. Domestic legislation, like the U.S. Commercial Space Launch Competitiveness Act and Luxembourg's 2017 law , allow private companies to own extracted resources, which would be contrary to existing international norms.

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