Towards a Unified Approach to the Governance of Commercial Space Mining

The emergence of commercial space mining prospective has exposed a critical difference in approaches to the interpretation of certain core principles in the existing legal framework. This article argues that the current trajectory, characterized by two fundamentally opposed interpretations of the 1967 Outer Space Treaty and the 1979 Moon Agreement, leads to dangerous fragmentation. The first, restrictive approach views commercial resource extraction as a violation of the non-appropriation principle and both the concepts of the “province of all mankind” and the “common heritage of mankind.” The second, permissive approach distinguishes the OST's provisions from the Moon Agreement, justifying granting property rights over extracted resources. This doctrinal divide has materialized in a patchwork of national laws, creating regulatory competition and undermining the OST's core principles. The article contends that a proactive move towards a unified international regime is necessary to avert conflict and inequality. It analyzes the theoretical underpinnings of the legal debate and its practical implications and evaluates potential pathways to unification. The consideration of these issues emphasizes that forging a single, coherent regulatory approach is essential for the sustainable and peaceful governance of space resources.