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Project titleEvolution of the International Legal Regime on the Exploration and Use of Natural Resources of Celestial Bodies: Conclusions for Russian Policy.

AffiliationFederal state autonomous institution of higher education "Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs Russian Federation",

Research area 08 - HUMANITIES AND SOCIAL SCIENCES, 08-359 - International law. Universal and regional international law. International private and public law

Keywordsinternational law; international space law; outer space; natural resources of the Moon and other celestial bodies, including asteroids; space resources; commercial space activities; space mining; The US Space Resource Exploration and Utilization Act of 2015; Artremis Accords; economic, political and technological factors; greater challenges; scientific, technological and industrial development of Russia; breakthrough strategy; complex approach

Annotation
The exploration and use of outer space, a field in which the USSR held the leading position in the world, remains a relevant area of scientific, technological and defense development of the Russian Federation. Due to a number of crucial factors, primarily of political and economic nature, which include the growing trends of commercialization of space activities since the 1980s, as well as modern transformation processes in various related areas of international relations, an updated scientific analysis of contemporary issues of international law is highly demanded in order to ensure the technological, industrial and defense potential of Russia's national interests in outer space, especially with regard to the new legislative and international legal policy of the United States regarding the legal regime of the natural resources of celestial bodies. At the same time, it seems logical to refer to the changes that took place in the structure of global space activities as "greater challenges" in the sense of the Strategy for Scientific and Technological Development of the Russian Federation (hereinafter referred to as the Strategy), adopted by the Presidential Decree No. 642 of December 1, 2016. In particular, the Strategy defines among other “greater challenges” the exhaustion of the Russian economic growth possibilities caused by the extensive exploitation of the Earth’s natural resources (p. 15a); and the necessity to strengthen Russian position in economic and scientific exploration and use of outer space (p. 15g). In order to ensure readiness for such challenges, timely assessment of relevant risks, correct clarification of Russia’s legal policy in the field of space exploration, it seems relevant to conduct fundamental scientific research on one of the cornerstone issues in the field of space activities, namely: the way Russia should respond to changes in the modern legal regime of development and use of natural resources of celestial bodies. Such changes should be considered in a comprehensive context of the adoption of the US Act on the Exploration and Use of Space Resources of 2015 and similar legislative acts of Luxembourg (2017), the UAE (2019) and Japan (2021), granting ownership rights to persons under their jurisdiction over the space resources they extract; as well as the conclusion of leaded by the United States bilateral intergovernmental Artemis Accords, establishing principles for exploration and use of the Moon, Mars, comets and asteroids. In terms of international law, it is premature to talk about «overriding» the legal regime of natural resource activities in outer space, which was outlined in general terms in the 1967 Outer Space Treaty and in more detail in the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as about the dawn of an era of conflict exploitation of natural resources of celestial bodies on the basis of national international legal policy. At the same time, it would not be consistent with the long-term national interests of Russia to ignore these legal novelties, especially the practice of concluding bilateral intergovernmental Artemis Accords. It should be noted that in July 2022 Saudi Arabia became the 21st state party to the Artemis Accords. In the above context, taking into account the prospects of this area of space activity, as well as the need for timely recognition of new great challenges and an effective response to them (p. 17 of the Strategy), the solution of the fundamental task, which is the formulation of the based on the results of a comprehensive study scientific recommendations on key issues of clarification of Russian legal policy on the future regime of natural resources of the Moon and other celestial bodies, including asteroids, as well as taking into account the evolution of applicable international legal and national legislative positions, in the interests of the strategic development of the Russian Federation and strengthening its role as a leading space power, is becoming highly relevant. The scientific novelty of this project is due to its innovative comparative legal content, as well as the complex inclusive comprehensive approach to the solution of the formulated objectives and the achievement of the goal. A distinctive feature of the project is that current international legal and national legal issues of development of natural resources of celestial bodies are systematically analyzed in the context of economic, political and technological realities of space activity in their interrelation and mutual influence. The above makes it possible to predict that the outlined scientific recommendations to be developed based on the results of the study will be in demand for the purposes of early clarification of Russia's legal policy, the legal environment of technological and industrial development of Russian cosmonautics, strengthening the legal positions of the Russian Federation in the field of cooperation in in space exploration. This project has no analogues either in domestic or in foreign studies.

Expected results
The main results of this complex interdisciplinary research would include development of scientific guidance for clarification of the Russian legal policy with regard to further legal regime of exploitation of natural resources of the Moon, other celestial bodies, including asteroids, based on due consideration of the relevant international legal and national legal approaches in the context of all actual factors, for the purpose and in the interests of scientific and industrial development of Russia. It is planned that the scientific recommendations to be prepared as a result of the study will reflect the following elements of international legal order in outer space: 1. Forecast characteristics (in the context of specific features of space activities) of the multilateral international legal regime of natural resources of celestial bodies, ways and methods of its clarification, acceptable from the point of view of long-term national interests of Russia; 2. Recommendations for optimal clarification of the current legal policy of the Russian Federation with regard to natural resource space activities, as well as international legal substantiation of such clarification; 3. Scientific assessment of the expediency of the development by the Russian Federation of a national legislative regime for natural resources of the Moon and other celestial bodies and the preparation of a draft of the relevant Russian law, taking into account the best international legal and foreign legislative experience in this area. The uniqueness of the expected results is due to obtaining them by analyzing the relevant issues in the prism of interdisciplinary relationships through the application of the designated complex approach. Scientific significance of the expected results is due to: the development of foundations of coherent (system) analysis of crucial issues of international space law in the context of interdisciplinary and intersectoral interconnections through the defined innovative complex approach; the definition of the possibility of “converting” international and national legal certainty into ensuring legal stability for investments in Russian space mining activities, and into strengthening Russian approach to clarification of the international legal order in outer space. Practical significance is caused by the possibility of considering these scientific recommendations in: potential development in Russia of national legal framework for space mining activities; development, clarification and comprehensive argumentation of Russian related international positions and approach to actual international legal challenges of space mining activities in the UN Committee on Peaceful Uses of Outer Space and its subcommittees; in definition of legal elements of the breakthrough strategy of Russia in the exploration and use of outer space.

Annotation of the results obtained in 2023
Work performed: 1. A fundamental analysis of principles and norms of the current international space law on natural resources of celestial bodies, contained primarily in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the 1967 Outer Space Treaty), the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the 1979 Moon Agreement), and applicable UN General Assembly resolutions, including Resolution 1721 (XVI) of 20 December 1961 and Resolution 1962 (XVIII) of 13 December 1963. 2. A comprehensive analysis of the provisions of the following national legal acts (including a comparison of such provisions): 2.1 The United States Space Resource Exploration and Utilisation Act of 2015, Executive Order of the President of the United States on Encouraging International Support for the Exploration, Extraction and Use of Space Resources of April 6, 2020. Based on the results of the analysis, a scientific article has been prepared and accepted for publication (Vylegzhanin A.N., Yuzbashyan M.R., Alekseev M.A. International legal space policy of the USA: an invitation to clarify the status of natural resources of celestial bodies or a challenge to the majority of states? // International Processes. №4. 2023.). 2.2 The Luxembourg Law on the Exploration and Use of Space Resources of 2017 (Loi du Grand-Duché de Luxembourg du 20 juillet 2017 sur l'exploration et l'utilisation des ressources de l'espace). The analysis has resulted in a draft of the scientific article which is planned for publication in 2024. 2.3 The United Arab Emirates Federal Law No. (12) of 2019 issued on 19/12/2019 corresponding to 22 Rabi' Al-Akhar 1441H on the Regulation of the Space Sector. The analysis has resulted in a draft of the scientific article which is planned for publication in 2024. 2.4 The Japan's Act No. 83 of 2021 on the Promotion of Business Activities for the Exploration and Development of Space Resources. The analysis has resulted in a draft of the scientific article which is planned for publication in 2024. 3. The Artemis Accords (Principles for Cooperation in Civil Exploration and Use of the Moon, Mars, Comets, and Asteroids for Peaceful Purposes) were analysed in detail, and assessments of these agreements in foreign publications and scientific papers, in statements by official representatives of states were studied. On the basis of the results of the analyses carried out in accordance with items 1 and 3 of the current list, a scientific article already accepted for publication has been prepared (Vylegzhanin A.N., Yuzbashyan M.R. Status of natural resources of celestial bodies: novelties outlined by the practice of states // State and Law. №1. 2024). The scientific results obtained are: 1. The current ISL establishes general principles and norms to which any activity in outer space, including natural resource activities, must conform. The 1967 Outer Space Treaty provides for a set of rights, obligations and restrictions, including the prohibition of appropriation of celestial bodies; however, the Treaty does not contain provisions on the possibility of using natural resources of celestial bodies, nor does it contain corresponding prohibitive norms. The 1979 Moon Agreement establishes the right to collect and use the mineral substances of celestial bodies for scientific purposes without specifying any quantitative restrictions, which prevents distinguishing scientific activity from exploitation. Clarifying the legal regime for the exploitation of natural resources of celestial bodies is complicated by the need to implement a number of provisions of the Agreement: the recognition of natural resources of celestial bodies as the "common heritage of mankind"; the objectives of the future regime, especially the "equitable sharing" among all States Parties of the benefits derived from these resources, with particular regard to the "interests and needs of the developing countries", as well as the efforts of those countries that have "contributed either directly or indirectly to the exploration of the Moon". The number of States Parties to the Agreement (less than two dozen) is projected to decrease as the Artemis Accords are implemented. It is concluded that at present the legal regime of exploitation of natural resources of celestial bodies remains unregulated within the framework of universal norms of international law. There exist only general provisions referring them to the "common heritage of mankind" in the 1979 Moon Agreement and qualifying the exploration and use of outer space, including celestial bodies, as the "province of all mankind" in the 1967 Outer Space Treaty, which prevents the separate establishment by one or more States of an international legal regime for such resources. 2. The study of the legislative acts of the USA (2015), Luxembourg (2017), the UAE (2019) and Japan (2021) for their compliance with the international obligations of these states has shown that these legislative acts: contain provisions on space natural resource activities, to varying degrees of regulation, depending on how detailed at the time of adoption of the acts in question the respective national legal systems provided for the regulation of space activities (authorization procedure, registration of space objects, registration of space objects, etc.). The USA, Luxembourg, UAE and Japan participate in four UN treaties on outer space: the 1967 Outer Space Treaty, the 1968 Rescue Agreement (Luxembourg has not ratified this international treaty), the 1972 Liability Convention and the 1975 Registration Convention; but none of these states has signed the 1979 Moon Agreement. That is, these legislative acts correspond to the obligations of these countries under the treaties to which they are parties, but do not correspond to the Moon Agreement (these states are not parties to it). 3. The Artemis Accords, when compared with applicable universal treaty law, do not comply with them in all respects, from the conceptual and terminological apparatus to the obligation to give due consideration to the interests of "all other States Parties" to the Outer Space Treaty provided for in its article IX. The questions about the creation of "security zones" under the Artemis Accords remain open: they are not consistent with the obligation under the 1967 Outer Space Treaty to "hold appropriate international consultations" (before creating such a zone in any area of celestial bodies); with the "free access" provision of Article I of the Outer Space Treaty. The results of the study have been tested at five relevant scientific conferences, including international ones, and a total of eight papers have been presented. Thus, as part of the activities under this grant, four papers were presented at the International Scientific Conference "Current International Legal Regime of Natural Resources of Celestial Bodies: The Impact of Legislative Innovations", held in Belgrade and opened by the President of the Serbian Academy of Sciences (for more information and the conference programme: https://mgimo.ru/about/news/departments/space-conf-belgrad-10-23/).

Publications

1. Vylegzhanin A.N., Yuzbashyan M.R. Статус природных ресурсов небесных тел: новеллы, обозначенные практикой государств Государство и право, - (year - 2024)

2. Vylegzhanin A.N., Yuzbashyan M.R., Alekseev M.A. Международно-правовая космическая политика США: приглашение к уточнению статуса природных ресурсов небесных тел или вызов большинству государств? Международные процессы, - (year - 2023)

3. - Специалисты МГИМО обсуждают теоретические и практические вопросы международного космического права mgimo.ru (МГИМО-Университет), Специалисты МГИМО обсуждают теоретические и практические вопросы международного космического права // mgimo.ru (МГИМО-Университет). 25 октября 2023. (Дата обращения 12.12.2023) (year - )