From Standards of International Law for Outer Space Resources Exploitation to Sustainable Mining

As space activities continue to develop and increase in number, so do environmental concerns in outer space. For decades now, humanity has continuously sent satellites into Earth orbits without caring for potential environmental consequences in outer space. Ultimately, these actions have proven to raise issues regarding the sustainability of the activity; issues which are now being addressed legally. Satellites were the first venture of humanity into space, and it is fair to admit we did not know better at the time. We do now. With the development of new types of space missions, such as space resources-related activities, it is safe to assume that new serious environmental problems will arise as well. Based on previous experience both on Earth and in outer space, it is logical, but also imperative, to question the environmental impact of these space resources activities and to consider legal solutions to promote and facilitate their sustainability. Accordingly, this research assesses the applicability of existing rules and mechanisms promoting environmental protection and sustainability in outer space to the case of the exploitation of space resources. To that end, an array of mechanisms is considered such as the framework of the UN Space Treaties, international environmental law, non-legally binding instruments, such as the space debris mitigation guidelines and COSPAR’s planetary protection policy, as well as national space legislations. Ultimately, this work aims at drafting the roadmap for the environmentally sustainable exploitation of space resources from a legal standpoint. It recommends the adoption of a mix of interdisciplinary approaches which balances a national effective approach with international guiding rules.