The exploitation of the natural resources of outer space and its celestial bodies in light of article II of the outer Space Treaty (1967)

Abstract

The exploitation of natural resources in outer space and celestial bodies is a highly relevant issue, and for good reason, as forecasts suggest it could become a reality in the next decade. However, in the current situation, there is no consensus when it comes to decisively affirming or denying, from a legal perspective, whether the exploitation of these resources is internationally permitted. At the heart of the controversy lies Article II of the Outer Space Treaty, which establishes the principle of non-appropriation of outer space and celestial bodies, without specific reference to the natural resources found therein. Through a doctrinal review and an examination of the subsequent practice of states, the aim is to deduce whether, indeed, the principle of non-appropriation affects these resources, and, therefore, whether the exploitation of natural resources in outer space and celestial bodies is an activity sanctioned by international space law.