Law and Regulation of Commercial Mining of Minerals in Outer Space
This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financia
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SPACE REGULATIONS LIBRARY VOLUME 7
EDITORIAL BOARD Managing Editor
PROF. RAM S. JAKHU, Institute of Air and Space Law, McGill University, Montreal, Canada
MEMBERS M. DAVIS, Adelta Legal, Adelaide, Australia S. LE GOUEFF, Le Goueff Law Office, Luxembourg P. NESGOS, Milbank, Tweed, Hadley & McCloy, New York, U.S.A. S. MOSTESHAR, Chambers of Sa’id Mosteshar, London, U.K. & Mosteshar Mackenzie, California, U.S.A.
L. I. TENNEN, Law Offices of Sterns and Tennen, Phoenix, Arizona, U.S.A.
For further volumes: http://www.springer.com/series/6573
Ricky J. Lee
Law and Regulation of Commercial Mining of Minerals in Outer Space
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Dr. Ricky J. Lee Sydney, Australia [email protected]
ISBN 978-94-007-2038-1 e-ISBN 978-94-007-2039-8 DOI 10.1007/978-94-007-2039-8 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2011944336 © Springer Science+Business Media B.V. 2012 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
In a closed society Malthusianism has the appearance of self-evident truth, and herein lies the danger. It is not enough to argue against Malthusianism in the abstract - such debates are not settled in academic journals. Unless people can see broad vistas of unused resources in front of them, the belief in limited resources tends to follow as a matter of course. And if the idea is accepted that the world’s resources are fixed, then each person is ultimately the enemy of every other person, and each race or nation is the enemy of every other race or nation. The extreme result is tyranny, war and even genocide. Only in a universe of unlimited resources can all men be brothers. Robert Zubrin and Richard Wagner1
1
Robert Zubrin and Richard Wagner, THE CASE FOR MARS: THE PLAN TO SETTLE THE RED PLANET AND WHY WE MUST (1997), at 303.
Acknowledgements
The field of space law appealed to me originally as a convenient combination of my casual interest in space and my legal studies. Over the years, however, it grew from a peripheral interest to become a passion and from that passion grew a career path that has been both challenging and rewarding. I still recall that one Thursday afternoon in 1998 at the University of Adelaide when I was at lunchtime seminar on space law and its opportunities presented by Michael E. Davis, now a partner at the law firm of Adelta Legal in Adelaide, Australia. From that time, not content with having introduced me to this new and exciting field of law, Mr. Davis soon became my employer and continues to be an invaluable support, mentor and friend. Mere written words are never enough to express my
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