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Luxembourg Just Passed A New Asteroid Mining Law (engadget.com)

Remember when NASA visited an asteroid with $10 quintillion worth of minerals? Now the lucrative asteroid-mining industry is being pursued by "the European banking hub with a population not much bigger than Albuquerque's," reports Bloomberg, as low-cost reconnaissance missions are already looking "increasingly feasible." An anonymous reader writes: Last week Luxembourg's parliament unanimously passed an asteroid mining law (which goes into effect Tuesday) "that gives companies ownership of what they extract from the celestial bodies..." according to Engadget. "Luxembourg's law is pretty similar to the one President Obama signed back in 2015 in that it gives mining companies the right to keep their loot. Both of them also take advantage of a loophole in the UN's Outer Space Treaty, which states that nations can't claim and occupy the moon and other celestial bodies. They don't give companies ownership of asteroids, after all, only the minerals they extract.. Unlike the U.S. version, though, a company's major stakeholders don't need to be based in Luxembourg to enjoy its protection -- they only need to have an office in country."

Bloomberg reports that the law "could serve as a model for other small countries hoping to explore asteroids -- and to get a piece of the booming space business," since the tiny country is also offering to buy equity stakes in any companies which relocate to Luxembourg. "Luxembourg's success in attracting these companies should show other small countries that space isn't just for superpowers any more... Competition has made space achievable for many more companies, and for the countries that support them."

For the last few years Luxembourg has begun quietly investing in asteroid mining, including a joint venture with "Deep Space Industries" to build a spacecraft to test asteroid-mining technologies -- while another collaboration with Kleos Space is working on "in-space manufacturing technology."

30 of 177 comments (clear)

  1. Bullshit much? by Anonymous Coward · · Score: 5, Insightful

    "They don't give companies ownership of asteroids, after all, only the minerals they extract.."

    The treaty:
    "outer space is not subject to national appropriation by claim of sovereignty, by means OF USE or occupation, or BY ANY OTHER means;"

    Space mining is illegal under the treaty we/they signed up to, if you don't like it, negotiate a new treaty.

    *However*, these companies are NOT about mining, they are about selling shares in stuff that sounds plausible. They are really just stock scam by space mining companies. Luxembourg wants in on it. In effect its staking a claim in the claim staking business.

    1. Re:Bullshit much? by DivineKnight · · Score: 4, Interesting

      I'm sure that the first country / corporation that can regularly make (monthly, weekly, daily) trips to the asteroid field (any of them) in a self-sustaining and relatively error-free manner will totally care what is written in that {treaty, law, etc.}. I'm also sure that they will do a long-term study of the ramifications of mining our asteroid belts. /s

    2. Re:Bullshit much? by NoNonAlphaCharsHere · · Score: 5, Insightful

      Take a look at maritime law for plenty (~600 years) of examples. The whole notion of ship's registry or its flag state tells you where all this is going. Luxembourg is simply making a play to be the Liberia of the future space merchant fleet.

    3. Re:Bullshit much? by stealth_finger · · Score: 4, Informative

      "They don't give companies ownership of asteroids, after all, only the minerals they extract.."

      The treaty: "outer space is not subject to national appropriation by claim of sovereignty, by means OF USE or occupation, or BY ANY OTHER means;"

      Space mining is illegal under the treaty we/they signed up to, if you don't like it, negotiate a new treaty.

      I'm sorry, what part of what you posted says mining is illegal under the treaty? If it says that specifically some where else then post that bit. Nothing about that bit you pulled out even says that SpaceRockCo can't land on any asteroid, or body for that matter and say "this is ours, fuck off, we're not a nation"

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    4. Re:Bullshit much? by johannesg · · Score: 4, Interesting

      The point of the outer space treaty is to avoid the situation where one country claims an entire planet or moon or asteroid for themselves, so that other countries no longer have access to its resources. The whole point is cathegorically not to make all of space off-limits to human use, including research and industrial uses.

      In other words, you can go out there and mine asteroids, and you will be able to sell the minerals because you will own them. However, you cannot claim an entire asteroid, so if another country wants to set up shop on the same asteroid, they are free to do so.

      Presumably, future treaties will need to work out how to deal with the inevitable conflict.

    5. Re:Bullshit much? by K.+S.+Kyosuke · · Score: 2

      The treaty: "outer space is not subject to national appropriation by claim of sovereignty, by means OF USE or occupation, or BY ANY OTHER means;" Space mining is illegal under the treaty we/they signed up to, if you don't like it, negotiate a new treaty.

      I find it funny that you're saying that mining in space is illegal and then you're trying to support it by quoting a treaty that says that mining, a.k.a. "use", does not imply the right for national appropriation.

      --
      Ezekiel 23:20
    6. Re:Bullshit much? by drinkypoo · · Score: 2

      Nothing about that bit you pulled out even says that SpaceRockCo can't land on any asteroid, or body for that matter and say "this is ours, fuck off, we're not a nation"

      Sigh. Yes, yes of course it does. Claiming you're not a nation or not affiliated with a nation doesn't make it so. Either you're still affiliated with a nation, in which case it will be considered appropriation by your nation, or you will be considered to be a nation, and then they'll just send you a rocket, or a rock.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Bullshit much? by CrimsonAvenger · · Score: 3, Informative

      you will be considered to be a nation,

      In which case, you won't be bound by a Treaty that you haven't signed....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    8. Re:Bullshit much? by DRJlaw · · Score: 2

      outer space is not subject to national appropriation by claim of sovereignty, by means OF USE or occupation, or BY ANY OTHER means;

      Sorry, but you cannot validly convert a dependent clause into an independent clause by simply ignoring the independent clause.

      Private "appropriation" by the exertion of labor upon natural resources, i.e. Locke's "labor mixing" theory of property, is well known and is not the same as national appropriation where a sovereign entity claims exclusive domain over a natural resource, even an unworked one.

      Space mining is illegal under the treaty we/they signed up to, if you don't like it, negotiate a new treaty.

      Outer space is essentially mare liberum under the treaty, just as the high seas have been for centuries. If you don't like it, negotiate a new treaty yourself.

    9. Re:Bullshit much? by stealth_finger · · Score: 2

      "national appropriation by claim of sovereignty"

      So where's the bit that says about "private appropriation by claim of whatever". You can't just be declared a nation by others so they can nuke you and if they do then you're not a party to this treaty so what then?

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    10. Re:Bullshit much? by nospam007 · · Score: 3, Interesting

      "Take a look at maritime law for plenty (~600 years) of examples. The whole notion of ship's registry [wikipedia.org] or its flag state [wikipedia.org] tells you where all this is going. Luxembourg is simply making a play to be the Liberia of the future space merchant fleet."

      Exactly. I', from Luxembourg and even if the country is landlocked, there are more worldwide sailors organized in our unions than any other profession.
      Also SES, the biggest satellite company worldwide is located here. (founded here in 1985)
      It's business and it's going to be big.

    11. Re:Bullshit much? by argStyopa · · Score: 2

      ""outer space is not subject to national appropriation by..." (list methods)

      NATIONAL.

      The treaty prohibits NATIONAL appropriation.

      There's nothing there that says Exxon or Apple or Google can't land on it and say it's theirs.

      Defending that claim would be more complicated.

      Individual property rights are more or less rooted in the grounds of basic jurisdictional national sovereignty - ie a person can only own land in country X because country X allows it. Essentially, the state 'wrapper' says that the state's machinery of law will defend a person's exclusive single ownership of that space based on their rules.

      Outside of national territory, you can claim ownership of any property - indeed, there are pretty ample historical precedents for doing so based on getting there first, occupying it first, etc - but in practical terms there's nothing preventing anyone ELSE from making the same claim except your own willingness to do violence to defend it. Which of course invites (or predicts) that they should be ready to employ violence to take it over. Thus... the messy nature of reality.

      Google can claim asteroid 123456. Then so can Apple. Then they can either coexist on it (which sort of defeats the point of 'claiming' it in the first place), or fight each other for it. Lacking a legal venue in which to have said battle, they'd pretty much only have the classic method.

      --
      -Styopa
    12. Re:Bullshit much? by penandpaper · · Score: 3, Funny

      or fight each other for it.

      Let the space wars commence!

    13. Re:Bullshit much? by edjs · · Score: 2

      ""outer space is not subject to national appropriation by..." (list methods)

      NATIONAL.

      The treaty prohibits NATIONAL appropriation.

      There's nothing there that says Exxon or Apple or Google can't land on it and say it's theirs.

      Nothing, except for Article VI:

      Article VI
      States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the Moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.

    14. Re:Bullshit much? by iggymanz · · Score: 2

      I just found out there are on the order of 8 billion asteroids in the Oort Cloud. We're going to need more sharks

    15. Re:Bullshit much? by ChrisMaple · · Score: 2
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  2. Asteroid Mining Mayhem by mentil · · Score: 3, Funny

    If $10 Quintillion worth of asteroid minerals were brought down on Wall Street all at once, it would cause a huge crash in mineral value, an explosion of trading volume, and enough upheaval in the commodities market, one could call it destructive! In fact, it might crater the whole concept of commodities trading! That's why the old dinosaurs that run the finance sector are afraid of asteroid mining, it could spell their doom!

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:Asteroid Mining Mayhem by Anonymous Coward · · Score: 2, Funny

      > If $10 Quintillion worth of asteroid minerals were brought down on Wall Street all at once [...]

      Gah, I'd *love* to see that happen. I mean physically, not just financially.

    2. Re: Asteroid Mining Mayhem by dunkelfalke · · Score: 2

      Iron maybe, but not nickel - heavy metal will never die.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    3. Re:Asteroid Mining Mayhem by careysub · · Score: 2

      If $10 Quintillion worth of asteroid minerals were brought down on Wall Street all at once, it would cause a huge crash in mineral value, an explosion of trading volume, and enough upheaval in the commodities market, one could call it destructive! In fact, it might crater the whole concept of commodities trading! That's why the old dinosaurs that run the finance sector are afraid of asteroid mining, it could spell their doom!

      None of this would or could happen.

      The figures you see slung about on the "value" of asteroids have a high level of bogosity. They are always arrived at by multiplying the estimated total metal content by the current market value of the metal when available in market-ready form on the surface of the Earth. No one prices Earth based resources this way.

      The resource being estimated for that particular case was the iron-nickel content of the largest asteroid of that type (Type M), which is 16 Psyche, which is in the main asteroid belt (read - large delta vee to bring the material to Earth). The entire world iron steel market is about $800 billion, which is 1.6 billion tonnes of iron and steel with an average market value of $500 per tonne.

      By this type of calculation a common piece of sedimentary rock is worth $75 a ton for its iron content (15% Fe content) and an average chunk of the Earth's crust (5% iron) is worth $15. And by this calculation the upper 1000 meters of the Earth's continental crust is worth $100 quintillion dollars.

      Why haven't these wild financial predictions already happened, since we are sitting on all this valuable iron for the taking? Similarly try to interest anyone in paying you $7.5 million for the 10 meter thick layer of sedimentary rock and soil on your 1 acre property for its iron content. Its real value for this is zero.

      More commonly people talk about obtaining platinum group metals from asteroids since, unlike iron, they are scarce on the Earth's surface and rocky asteroids are richer in these metals than the available ores on Earth, by a factor of 10X or so. This means that the value of the metal content at current market prices is around $2000 a ton.

      The amazing thing you won't find in going through scores and scores of web sites, and papers, is the cost of either extracting the metals in space, or the cost of bringing the whole asteroid back to Earth. One of the few actual projects proposed to bring a small rock chunk (500 tonnes) to Earth is estimated at $2.6 billion, or a bit over $5 million a ton.

      There seems little chance of actually being able to extract platinum metals, much less plain old iron, at a profit given that the ore value per ton of an asteroid is actually quite low. Multiplying a low value per ton by the high mass of an asteroid makes as much sense as a money losing sales operation "making it up in volume".

      Finally, there is the basic economics of the markets. The value of the world iron market is $800 billion, the value of the world platinum metal market is about $30 billion. If you can introduce these metals at a cost much cheaper than current prices (there seems no chance of this happening with asteroid resources in the foreseeable future) then the cost will drop, usage will rise, existing producers will be put out of business, but there the size of the market is not going to grow very much. The market is not suddenly going to fork over a trillion dollars a year for cheap platinum, or ten trillion dollars for super-cheap steel.

      --
      Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
  3. Re:Well thank goodness by gl4ss · · Score: 2

    well, they do have some satellite business. at least money from satellite business. but a company only needs to have an office there to claim advantage. think of the whole country like a big fucking coworking space or sealand or whatever..

    now if a company has an office in some place where it is illegal to do this sort of thing then they would be fucked, despite it being legal in luxemburg.

    all and all it's a pretty meaningless law until it becomes feasible and we can see what other nations declare about it. most probably whatever you can bring back you can keep. that is most probably what you can possess is going to be recognized to be yours whether it is on earth or in mars.

    it's actually quite reasonable law to be honest, although fuck all matters anything.. because luxemburg is not a huge market for minerals, so it is unlikely you would be selling your loot there, meaning that their laws don't matter at all vs. french, uk or german laws.

    --
    world was created 5 seconds before this post as it is.
  4. Corporate whore by Anonymous Coward · · Score: 3, Insightful

    Luxembourg has been, at least after its deindustrialization (there was steel industry there) the corporate and finance whore in Europe (next to the City of London, that is). Raking in some profit at the detriment of the others.

    And this is the work of... you guess it. Among others, it was Jean Claude Juncker who propelled this transformation. And now he's running around as "Mr. Europa", putting up a serious and concerned face and warning about populisms.

    Reminds me of Emperor Nero, crying over burning Rome, in a fire he himself ordered to set.

  5. Re:Well thank goodness by 4im · · Score: 4, Interesting

    Biggest European satellite corporation is based in Luxembourg (SES Astra).

    Actually, make that the largest satellite corporation, no other qualifier - SES is biggest, worldwide. And yes, they did conceive their first satellite from Luxembourg. Many space-oriented companies are based in Luxembourg, around SES.

    Luxembourg may be a tiny country, but regarding space, they are a big player. And these space mining laws being put in place are there to attract more know-how to Luxembourg, not some mailboxes to siphon money.

  6. Sweet by stealth_finger · · Score: 4, Funny

    Sweet, so now all you need to do it make a way to get to the asteroids, make a way to extract materials, make a way to process the materials, make a way to store and transport the materials and then either get them back on earth or build a whole load of facilities in orbit all while having aerosmith playing on repeat.

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  7. Re:Well thank goodness by stealth_finger · · Score: 4, Funny

    If our economy tanks our massive military is coming over there to take your resources and use you as slaves.

    Oh no, more broke immigrants heading to Europe's shores? Just what we need.

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  8. Let me get this straight... by sjbe · · Score: 2

    So a country that doesn't have a meaningful space program (though does have some space related commerce) passes a law for a hypothetical mining activity that will not take place on a commercial scale during the lifetime of anyone reading this post. Why exactly do we care? I'm as positive about going into space as anyone here but this is simply not news.

    We are ridiculously far from having the technology to mine in space on an economically meaningful scale much less the ability to turn mined minerals into useful products. Not saying it will never happen nor am I saying it's a bad idea but we are a looooong way from this being a meaningful thing to worry about. Right now we have the ability to send a smallish probe and maybe bring back a few core shallow core samples or rocks at ludicrous expense per kg. We don't have any equipment or experience in refining mined materials in zero-G into useful products nor any reasonable near term prospects of getting any. Nor do we have energy sources sufficient to do so in meaningful amounts unless you plan to send a very powerful nuclear fission reactor into space of a design that we've no experience building or maintaining. We could bring back the asteroid in whole or parts and drop it onto Earth's surface which is a terrible idea for a variety of reasons not the least of which is the fact that it is de-facto a WMD.

    Space mining is a cool idea. Let's keep working on it. But perhaps touched with a tinge of realism about the timescale, economics, and technology requirements?

  9. Not a loophole... by Timothy2.0 · · Score: 3, Insightful

    The supposed "loophole" in the Outer Space Treaty isn't a loophole.

    Article VI states: "States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty."

    In effect, while a private company can own a spacecraft, it's the state that's responsible for it so, no, Asteroid Mining PLC won't have legal standing to claim their mined goods.

  10. Re:I can see the headlines by fisted · · Score: 2

    Why would you mod someone up for an arbitrary obvious reference?

    Why do you have to point out there's a reference when it is obvious?

  11. Re:Well thank goodness by HornWumpus · · Score: 2, Interesting

    Luxembourg is a tax shelter, like Monaco and Delaware. That's all.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  12. Re:Well thank goodness by HornWumpus · · Score: 2

    In a similar vein, Delaware is half the US economy, and Liberia has the world's largest commercial ship fleet.

    Flags of convenience have little to do with actual locations of economic activity. If the rest of the EU had more reasonable tax laws/rates, Luxembourg would have a much smaller economy.

    Whenever the Eurotrash start bitching about America's low tax rates, remember, in Europe, when you get rich, the smart move is to buy Monaco citizenship and get 0% income tax rates.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'