In this article, Jagriti Bharti of Amity Law School, Lucknow discusses the ways in which India can benefit by making a legislation on asteroid mining. 

Human population has exploded from 1.5 billion to more than seven billion over the last hundred years. The increase in the human population of the earth has also increased the consumption of the resources present on the earth by them with a drive of an ever increasing demand for resources in the future. To satisfy the ever increasing demand for resources, efforts like the recycling of the resources has been taken up by the communities. In a bid to fulfil the growing needs of resources underground minings or mining even at the bottom of the ocean has been tried till now. But the reserve of resources present of the earth is very limited and it may end up near in future leaving future generation washed out of the resources. Therefore, a new option for collecting resources has been found out i.e. mining resources from the ‘space’. The resources can be mined from the “Asteroids” present in the space.

DEFINITION OF AN ASTEROID

Asteroids are lumps of metals, rock and dust, sometimes laced with ice and tar, which are the cosmic leftovers from the solar system formation about 4.5 billion years ago.^[1] In other words, asteroids are the minor planets which can neither be classified as a planet or as a comet. These are generally found in the direct orbit around the Sun which is also known as the inner solar system. There are hundreds to thousands of them present in the solar system ranging in size from few yards to hundred of miles. Small asteroids are more in number than the large ones but even a little house sized asteroids could contain metals (like iron, nickel, copper and most valuable of all water) possibly worth million of dollars. The mainly known asteroids are present in the Jupiter Trojans or in the asteroid belt formed between the orbit of Mars and Jupiter. All the asteroids are visible from binoculars except “Four Vesta” which can be seen with bare eyes.

Asteroids can be divided into three different classes based on their spectral type – a classification based on the analysis of the light reflected off of their surfaces. They are:

• C type: These are most common types of the asteroids consisting of the 75% of known asteroid population. All carbonaceous asteroids fall under the C type category. They have high abundances of water bound up as hydrated clay minerals. These kinds of asteroids are extremely dark in nature with their reflection coefficient ranging from 0.03 to 0.10. Although, C type asteroids are of very less economic value since water is abundant on the Earth but it will be extremely helpful in expanding the human presence in the solar system.
• S type: Mainly found in the inner asteroid belt, these kinds of asteroids contain iron and magnesium silicates. They are moderately bright asteroids having reflection coefficient ranging from 0.10 to 0.22. They have very little water but is more economical because of the elements present in them.
• M type: M type asteroids contains nickel and iron in its purest form. Sometimes, stones are also found in these asteroids. The reflection coefficient of these asteroids ranges from 0.1 to 0.2.

Common types of asteroid by their composition

TYPE	RESOURCES	PURPOSE
Type C	Water + Metal + Organic compounds	Rocket propellants + other consumables at space missions + metal for 3D printing of hardware to use in space + making rubber or plastic or methane for rocket fuel or CO2 for plants.
Type S	Iron + Platinum group metals	Sell on earth for use on earth.
Type M	Metals (nickel)  + including platinum group metals	Manufacturing large hardware items in space for colonisation or larger missions and for sale on the earth.

Credit: https://www.spacelawresource.com/single-post/2017/03/03/The-Legality-and-Ethics-of-Mining-an-Asteroid

CONCEPT OF ASTEROID MINING

Asteroid mining may sound like a concept ripped from the Science fiction but various scientists and different space companies are trying to turn it into a reality. It is a process which involves extraction of various useful minerals from asteroids present in the space. Due to the accessibility of the asteroids in the space, Near Earth Asteroids (NEA’s – those asteroids that pass near the Earth) are particularly accessible subsets of the asteroids that provide potentially attractive targets for the resources to support space industrialisation. Materials extracted and processed from the NEA’s can be useful in various fields like agriculture, life support, precious metals etc.

“There are resources that support operation and human activity in space, there are resources that support manufacturing in space and then maybe there are resources that are important enough and valuable enough to bring those resources back to Earth,” says Chris Lewicki, president and chief engineer of Planetary Resources, a private space company focused on asteroid mining.^[2]

The resources extracted from asteroid mining will not only appeal commercial outfits but also NASA as well by enabling a more affordable and more expansive human presence in space. But mining of asteroids is not an economically viable option as it seems to be because of the following reasons:

• Expensive space travel
• Expensive transportation of materials to space
• Bringing resources back to earth is also very expensive

LEGALITY OF ASTEROID MINING

Till now going through the meaning of the asteroid and concept of asteroid mining we understood that it is a process of extraction mines from the asteroid present in the outer space. Now, the question arises – Is asteroid mining legal? The answer is ‘yes.’ Every country has laws its own laws of using their land and water present of the earth but all these laws are generally based on some or other kinds of treaties which support that law. These laws define the extent of the territory of land and water on which a country has its authority to use them their own way. The concept of asteroid mining is relatively new in the outer space. Not many countries have their laws regarding this newly evolved concept but its legality can be traced back from the Outer Space Treaty of 1967.

The Outer Space Treaty (1967)

The Outer Space Treaty is originally known as The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. It is considered as the “Magna Carta” of the International Space law. It was one of the most significant law-making treaties concluded in the second half of the 20^th century. It was adopted by the UN General Assembly on December 19, 1966, and came into force on October 10, 1967.^[3] This treaty was initially signed by the United States of America, United Kingdom and the Soviet Union. This treaty has received 99 ratifications and 25 signatures till 2008. India signed the Outer Space treaty on March 3, 1967, which got deposited on January 18, 1982.

According to the Outer Space Treaty, no country is allowed to place the weapons of mass destruction in the orbit of the Earth, Moon and any celestial body and also neither is subjected to weapon testing or military maneuvering on either of them. The treaty further suggests that no nation is subject to national appropriation by claim of sovereignty, by means of use or occupation or by any other means in the Outer Space including Moon and other celestial bodies.^[4]

The Commercial Space Launch Competitiveness Act

The Commercial Space Launch Competitiveness Act is a bill signed by President Barack Obama of November 25, 2015, in order to encourage private space exploration by limiting governmental regulations till September 2023. It was a historic step taken by the President toward opening up the reaches of the solar system. Title IV of the Act allows citizens U.S. (including commercial entities) the explicit rights to own resources extracted from the space such as minerals from asteroids.

This created a misunderstanding in the international community regarding the legality of the title IV of the Commercial Space Launch Competitiveness Act. Article II of the Outer Space Treaty of 1967 states that no nation is allowed to claim ownership of any celestial body be it the moon, asteroid or any planet. Here, it can be clearly seen that “nations” are not allowed to own the celestial bodies. Title IV of the Act doesn’t contest that rule but rather classified that private companies can claim ownership over the resources they obtain from mining asteroids and other celestial bodies and therefore nullifying all the questions of the legality of the Commercial Space Launch Competitiveness Act.

As per the Outer Space Treaty (1967) and the Commercial Launch Competitiveness Act it is clear that asteroid mining is legal if done without disturbing other nations.

NEED OF NATIONAL SPACE LAW IN INDIA

The need of space laws in India can be understood from following points:

• Reducing the load of government entities: India has a hold over the space sector only through government entities i.e. the Indian Space Research Organisation (ISRO). There is nil or very least outsourcing by the ISRO. If its starts distributing some of its work to private companies it can save its time and make its work cost effective. Outsourcing by ISRO will help in the creation of a private space industry ecosystem that will lead to greater bilateral, multilateral and transnational activity.
• Deciding the quantum of damage owed: There is no Indian space law which can determine the quantum of damages which needs to be paid by India in case India has harmed another country with its ‘space debris’. This case arose when an international dispute introduced between India and Japan over the fall of space debris on one of the villages in Japan by an Indian satellite which was retracing back to the Earth. India is liable to pay for the damages caused by it because it is a signatory to the Convention on International Liability for Damage Caused by Space Objects, 1972. In the absence of any law, India is unable to decide the quantum of the damage created by it.
• Exploring its dimension in space: India has its laws of land, air and water and in order to increase its space dimension it needs to have its own space laws apart from space research and development programmes.

BENEFIT TO INDIA FROM MAKING A LAW ON ASTEROID MINING

Mining of the asteroids is of great economica value because of the abundance of minerals present in it. But according to “Magna Carta” of the international space law i.e. the Outer Space Treaty, no nation is allowed to claim ownership of any celestial bodies but they can mine them and keep the mined resources with them. No country has made any law on asteroid mining till now except the US which has passed a bill in this regard. India is still far behind from others in making space law so, one can imagine how much time will it take to make laws on asteroid mining. But if India wants to use the resources extracted from the asteroid, it has to make laws regarding this to be on safer side. Given below are certain benefits which India will have if it makes laws of asteroid mining:

• Responsibility of space debris

Mining leads to two things – minerals and debris. If mining is to be done of the asteroids it will certainly give useful resources as well as certain amount of space debris which needs to be cleaned by the country mining the asteroid. So, in future, in India mines the asteroid, the law on asteroid mining will help it determine the liability it has towards the space debris and the pollution created by it if any.

• Extent of mining

We all must have heard about United Nations Convention on the Law of the Sea III (UNCLOS III) which is the base of the sea law in various countries. This convention defines the extent of the sea to which a country has an authority to use it for its own purpose. Similarly, asteroid law made by India may help other countries decide the extent to which India has the authority to mine a particular asteroid.

• Resolving dispute

Disputes are inevitable and if profit is involved in any matter it becomes more happening. Asteroids are abundant in resources but are limited in number and in that only NEA can be mined to reduce the cost of mining. The demand is more and the reserve is less. In this case, every country will try to mine more and more which results in depletion of resources for others. This can sufficient cause for dispute between two countries. To resolve these kinds of dispute in future, India needs a law of asteroid mining.

• Engaging private space industry

In India, ISRO is the only government organisation which has responsibility and authority of regulating space researches and launching missiles. If any law is made on the asteroid mining in India then it can outsource its work to private space companies regarding the establishment of mining stations in space which will help it remain in conformity with the articles of the Outer Space Treaty which states that no nation can own any celestial body.

References

^[1] https://www.nasa.gov/content/goddard/new-nasa-mission-to-help-us-learn-how-to-mine-asteroids [July 24, 12:32 PM]

^[2] https://www.scientificamerican.com/article/new-law-paves-the-way-for-asteroid-mining-but-will-it-work/ [July, 24, 02:16 PM]

^[3] http://legal.un.org/avl/ha/tos/tos.html [July 24, 04:43 PM]

^[4] Article II of the The Outer Space Treaty, 1967