Open Access Research Article

WHO OWNS A RESOURCE EXTRACTED FROM AN ASTEROID? RECONCILING THE OUTER SPACE TREATY WITH COMMERCIAL SPACE MINING

Author(s):
AVIK SAPAL RUDRAKSH THOURWAL
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

Commercial space mining exposes a distinction that international space law has never fully resolved: a prohibition on appropriating celestial bodies does not necessarily determine the ownership of material removed from them. This article examines whether, and on what conditions, ownership of extracted asteroid resources can coexist with the Outer Space Treaty. Through doctrinal and comparative analysis, it evaluates the Treaty’s provisions on use, non-appropriation, supervision and due regard, the different obligations arising under the Moon Agreement, and resource legislation in the United States, Luxembourg and Japan. It then considers India’s Space Policy 2023 and the contribution of the Artemis Accords and multilateral initiatives. The article argues that neither an unrestricted rule of first possession nor a categorical prohibition on extraction adequately reconciles the applicable principles. Instead, recognition should attach to identifiable resources obtained through a lawful, supervised operation, without conferring territorial control or exclusive rights over unextracted deposits. A proposed framework separates operational permission, acquisition of title and international recognition, while preserving environmental safeguards, meaningful access and opportunities for participation by developing states. Domestic property certainty is therefore defensible only when accompanied by internationally accountable resource governance.

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Authors: AVIK SAPAL & RUDRAKSH THOURWALRegistration ID: 1013316 | Published Paper ID: IJLRA13316 & IJLRA13317Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 693- 710

Article Information

WHO OWNS A RESOURCE EXTRACTED FROM AN ASTEROID? RECONCILING THE OUTER SPACE TREATY WITH COMMERCIAL SPACE MINING

Authors: AVIK SAPAL, RUDRAKSH THOURWAL

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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