2.7 Chapter 2: Summary
This chapter began addressing whether, and to what effect, the non-appropriation principle applies to natural resources in space. Both States and private entities are planning significant activities that not only rely on the use of these resources for further exploration of the solar system, but that also aim to exploit these resources commercially. The assessment of the existing legal framework, especially the OST Article II, Article I and Article VI shows that the non-appropriation principle of Article II may not prohibit the extraction and use of natural resources. Such activities are presumably lawful when they are conducted for scientific purposes and in reasonable scales. The uncertainty in this regard pertains to large-scale resource activities that non-scientific, i.e commercial. Such activities may infringe on the non-appropriation principle by their scale and excessiveness, and by their exclusionary nature. For instance, if powerful actors restrict access to areas containing natural resources over time – either due to security concerns, or their large scale – they essentially exclude others from an area, resembling property rights.
Indeed, the use of natural resources in space is a necessity for expansion and scientific development. Commercial activities in space are arguably, just as on Earth, also a necessity for development, because it incentivises non-governmental activity, which after all, is a dominant force in the free market economies of the world. However, it is imperative that the international community closely monitor and regulate such development. If States and private companies commence resource exploitation, there is a need for a clear legal framework regulating matters such as State responsibility and liability for damage. This is the topic of the next chapter.