The exploitation of mineral resources of the moon and celestial bodies in international law and practice

This paper discusses the question as to whether the exploitation of mineral resources of celestial bodies by private enterprises is to be considered compatible with the current framework of international space law, and specifically with the prohibition of appropriation by claim of sovereignty enshrined in article II of the Outer Space Treaty. It furthermore analyses the possible application of the non-appropriation principle to private enterprises’ space mining operations and its consequent potential extension to the acquisition of property rights over space resources once extracted from Celestial bodies. It finally considers pioneering national space legislation addressing private space activities, concluding that these characterise as gap-filling attempts to an uncertain international framework rather than the indication of the emergence of a general international consensus around the legal possibility of space resource exploitation.