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Luxembourg has revised its proposed new space law in order to try to address the property right concerns posed by the Outer Space Treaty.
The legislation is patterned on the U.S. Commercial Space Launch Competitiveness Act of 2015, which includes provisions that grant U.S. companies the rights to resources they extract from asteroids or other celestial bodies. One difference, Schneider said, will be that while the U.S. law requires companies to be based in the country, Luxembourg’s protections would cover companies regardless of their location. “We don’t really care where the money comes from,” he said.
The bill also creates a system for the authorization and continuing supervision of commercial space activities that are regulated by the country. The lack of similar policy in the United States for “non-traditional” commercial space activities like asteroid mining — required, many argue, in order to comply with Article 6 of the Outer Space Treaty — has been an issue debated in the last few years.
…Luxembourg is also in the process of creating a national space agency, Schneider said. The country is a member of the European Space Agency but has not previously had its own national agency. However, he said the agency will be structured differently than those in other countries. “This space agency will not be a copy of NASA or ESA, but it will be a space agency whose only focus on the commercial use of space resources,” he said. It will be set up a public-private partnership between the government and private funds.
I would say that the competition in space is definitely now heating up. These actions by Luxembourg might not solve the legal problems with the Outer Space Treaty, but they will certainly up the pressure on the world’s space-faring nations to face the issue.