چکیده:
Space mining is one of the new space activities. Since the minerals in the Moon and other celestial bodies have high quality, it is foreseeable that they could be exploited and used in industries, including military and weaponry. Due to this fact, it is essential to understand the position of international law on the use of space minerals in the production of military equipments and weapons. In the first step, the present article highlights the necessity of ending or at least restricting space mining and the production of weapons in order to protect international peace and security by analyzing the basic principles contained in the Outer Space Treaty. In the next step and beyond conventional system of space law, the use of mineral resources of celestial bodies has been evaluated in the context of the documents on sustainable development of space activities. The aim of the present study is to take an important step towards maintaining and establishing international peace and security in outer space by clarifying the legal aspects of the military exploitation of the mineral resources of celestial bodies.
خلاصه ماشینی:
com Introduction Although the extraction of mineral resources from the Moon and other celestial bodies was once considered impossible and imaginary, today it has turned into a feasible activity in the environment of outer space and a serious subject in space law 1, and it will provide the capability to create fundamental development and progress in various economic, political, and social fields for all countries worldwide in the not-too-distant future.
The persistence of reasons and grounds for military use since the official emergence of space activities in 1957 and its continuation until now causes this new military activity in outer space to be considered imminent; therefore, the establishment of a framework for space mining should not be neglected in order to prevent the formation and expansion of incorrect practices by states in exploiting the mineral resources of celestial bodies.
15 The first perspective indicates a total prohibition of mining celestial bodies by citing the principle of non-appropriation contained in Article 2 of the Outer Space Treaty, which considers that legitimizing this activity through the enactment of national space laws that grant ownership rights to extracted mineral resources is explicitly contrary to Article 2 of the treaty.
As has become evident from the actions of legal institutions such as the International Institute of Space Law and the International Working Group on Outer Space Resource Activities, their efforts so far have focused on space mining by the private sector for non-military exploitation, and they have not explicitly considered the possibility of using mineral resources of celestial bodies in military industries.
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