http://www.cbc.ca/news/technology/space-mining-us-treaty-1.3339104 CBC News Posted: Nov 26, 2015 7:12 PM ET
U.S. President Barack Obama signed legislation on Wednesday providing a framework for space companies to mine ore from asteroids and other bodies, but legal critics are worried the measure could lead to violations of international law.
The Space Resource Exploration and Utilization Act gives any American who successfully extracts natural resources from outer space the property rights over the haul.
That could mean anything from water found in asteroids as blocks of ice to iron or platinum from near-Earth objects. And the profits could be huge.
But it has long been agreed between countries that outer space is not to become another Wild West, some legal scholars argue, and the new law risks privatizing a realm that is meant to belong to all of humanity.
"My view is that natural resources [in space] should not be allowed to be appropriated by anyone — states, private companies, or international organizations," said Ram Jakhu, a professor at McGill University's institute of air and space law.
He said the 1967 Outer Space Treaty, signed by the U.S. and other countries, makes it clear that the surfaces and contents of asteroids and other celestial bodies are protected from commercial harvesting.
The treaty's Article 2 reads, "Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means."
"There really shouldn't be any private property rights in outer space," he said.
That view isn't unanimous among legal scholars, however. Some say small asteroids don't qualify as "celestial bodies," while others say it's not "appropriating" an asteroid to extract minerals from it. And the new law does contain a clause making it clear the U.S. isn't asserting sovereignty or exclusive rights over any celestial body.
But Jakhu said the overarching purpose of the treaty is clear from its first clause, which reads: "The exploration and use of outer space … shall be carried out for the benefit and in the interests of all countries … and shall be the province of all mankind."
