Luxembourg establishes its own legal framework for asteroid mining
The competition heats up: Luxembourg on November 11 announced that it is establishing its own legal framework to protect the profits of any private asteroid mining effort.
Because the UN Outer Space Treaty forbids them from claiming any territory in space, this new law essentially says that Luxembourg law will instead be applied specifically to the resources mined. Or to put it in more colloquial terms, “Finders, Keepers,” though it comes with a lot of complex further regulation required to satisfy that treaty.
The draft law also lays down the regulations for the authorization and the supervision of space resources utilization missions, including both the exploration and use of such resources. Whoever intends to undertake a space resources utilization mission will be required to obtain an authorization to do so, for each specific and determined mission. The text sets forth the necessity for a book of obligations for any mission, such as activities to be carried in or out of Luxembourg, to allow government supervision of the activities of operators and regulating their rights and obligations. The legislation is expected to enter into effect in early 2017.
This complexity will cost money unnecessarily, and also require an unnecessary bureaucracy with a great deal of power over the actions of space companies. It illustrates again how really bad the Outer Space Treaty is, and how it will oppress future spacefarers. The sooner the treaty is dumped the better. If we don’t do it here on Earth, I guarantee that the people of space will do it, as soon as they become self-sufficient enough to thumb their noses at the ground-pounders on the mother planet.
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In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
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The competition heats up: Luxembourg on November 11 announced that it is establishing its own legal framework to protect the profits of any private asteroid mining effort.
Because the UN Outer Space Treaty forbids them from claiming any territory in space, this new law essentially says that Luxembourg law will instead be applied specifically to the resources mined. Or to put it in more colloquial terms, “Finders, Keepers,” though it comes with a lot of complex further regulation required to satisfy that treaty.
The draft law also lays down the regulations for the authorization and the supervision of space resources utilization missions, including both the exploration and use of such resources. Whoever intends to undertake a space resources utilization mission will be required to obtain an authorization to do so, for each specific and determined mission. The text sets forth the necessity for a book of obligations for any mission, such as activities to be carried in or out of Luxembourg, to allow government supervision of the activities of operators and regulating their rights and obligations. The legislation is expected to enter into effect in early 2017.
This complexity will cost money unnecessarily, and also require an unnecessary bureaucracy with a great deal of power over the actions of space companies. It illustrates again how really bad the Outer Space Treaty is, and how it will oppress future spacefarers. The sooner the treaty is dumped the better. If we don’t do it here on Earth, I guarantee that the people of space will do it, as soon as they become self-sufficient enough to thumb their noses at the ground-pounders on the mother planet.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
Here is a Space News commentary on this topic:
https://www.spacenewsmag.com/commentary/ordering-the-cosmos-private-law-in-the-final-frontier/
“The wealth creating potential of outer space is enormous. We cannot afford to whittle that wealth away through badly designed, top-down law.”
The author suggests that a lack of government sovereignty can work nicely. Business can work in space without Earth governments violating the Outer Space Treaty.
From the commentary: “Fortunately, we may already have an answer without realizing it. The answer is to embrace private law — property rights and dispute adjudication that arises out of contractual relationships among commercial entities, and does not rely on sovereign enforcement.”
Disputes resolved by arbitration can work nicely, he argues, because it is already common in today’s international economy, and “Leeson further estimates that 90 of these arbitration decisions are complied with voluntarily. Even if a trader loses a judgment, defecting on a previous agreement to abide by an arbitrator’s judgment will render that trader untrustworthy, making it extremely difficult to continue in business in the future.”
This suggests that government sovereignty in space may not be as necessary as we may think, in the near future, as most disputes are able to be resolved through already established methods.