Asteroid Mining Bill Introduced In Congress To Protect Private Property Rights
MarkWhittington writes: "Rep. Bill Posey (R-FL) announced on Thursday that he was introducing a bill along with Rep, Derek Kilmer (D-WA) called the American Space Technology for Exploring Resource Opportunities in Deep Space (ASTEROIDS) Act of 2014 (PDF). The act is designed to protect the private property rights for entities mining asteroids and to otherwise encourage asteroid mining. The bill is in apparent reaction to efforts by companies like Planetary Resources and Deep Space Industries to locate and mine Earth approaching asteroids for their resources.
The crucial part of the short piece of legislation states that the resources mined from an asteroid would be the property of the entity undertaking the operation. This language gets around the provision of the Outer Space Treaty that says states are forbidden to establish national sovereignty over celestial bodies, which would be a prerequisite to the United States allowing a private entity to own an asteroid. It rather grants mineral rights to the asteroid, something the treaty does not mention. There is no enforcement mechanism in the event of a dispute with another country, however."
The crucial part of the short piece of legislation states that the resources mined from an asteroid would be the property of the entity undertaking the operation. This language gets around the provision of the Outer Space Treaty that says states are forbidden to establish national sovereignty over celestial bodies, which would be a prerequisite to the United States allowing a private entity to own an asteroid. It rather grants mineral rights to the asteroid, something the treaty does not mention. There is no enforcement mechanism in the event of a dispute with another country, however."
How can any nation grant right over something outside its sovereignty?
i was afraid that privateers were running out of things to rape here on earth
In event of dispute, deliver minerals to other claimant. Without controlled deceleration.
This law merely codifies what has already developed as the consensus among significant space-faring nations.
Since the world already accepts the premise that objects originating in outer space and brought to earth belong to those who retrieved them them (currently only Gov't agencies, but foreseeably private actors as well), and Article IX of the OST establishes a right to non-interference with outer space activities (outside of explicitly banned activities such as militarization, etc.), the lack of sovereignty or property rights over celestial bodies already presents no legal bar to their mineral exploitation.
Of course, the flip side of this is that someone else could completely legally set up a mining operation on the other side of the asteroid, and provided they are not interfering with your own operations, there is really nothing you could do to enforce a "claim" in the sense that we do here on earth.
As I read it, this introduced bill does nothing to change existing rights and duties under the current legal framework, but I suppose it does provide some assurance to prospective miners that, in the U.S. legal system at least, there will be no drastic changes to the current understanding.
IANAL (yet) but have interned at NASA.