Deep Ocean Policy: Is it too early?

     Balancing the need for policies before there is a clear need for policies is always a delicate argument. In some instances developing policies before an industry reaches maturity can  head off unintended damage to an ecosystem. On the other hand pushing to create policies where it is not clear that they are needed can be viewed as premature regulation. The current discussion is focused on the deep sea where, according to this article in Space Daily, "Technological advances have made the extraction of deep sea mineral and precious metal deposits feasible." The article quotes Cindy Lee Van Dover, director of the Duke University Marine Laboratory, "It is imperative to work with industry and governance bodies to put progressive environmental regulations in place before industry becomes established, instead of after the fact." The reasoning behind this argument is to get it right based on current science. If this logic were followed in the past would we have as much of an issue with space debris as we do now? As asteroid mining becomes more of a reality should we be formulating policies to address foreseeable issues? An example of creating policies for a young industry is the FAA creating a roadmap to integrate unamanned aircraft systems (UAS) into current airspace. On the other hand premature policy making could stifle innovation and prevent business from being carried out.  There is no one best course of action, but it is important to engage in open, objective dialogue.

Resources to explore policy and policy making:
Definition of policy: http://www.merriam-webster.com/dictionary/policy
Policy making cycle: http://www.ushistory.org/gov/11.asp

Zdenek J. Slouka, United Nations and the Deep Ocean: From Data to Norms, 1 Syracuse J. Int'l L. & Com. 62 (1972).

The Evolution of Natural Resources Law and Policy (Lawrence J. MacDonnell & Sarah F. Bates eds., Section of Environment, Energy, and Resources, American Bar Association, 2010).  

Asteroid Mining on the Move

     In April 2012 Planetary Resources announced an ambitious venture to mine asteroids. Followed by Deep Space Industries and Stott Space, the race to capture and mine an asteroid has kicked into gear. The rush to these celestial bodies is not necessarily for gold, but for platinum based metals that are used in renewable batteries. Metals used in manufacturing such as iron and nickel are also believed to be available. One question that comes up is how will the materials extracted from the asteroid be brought back to Earth? Another question is what effect will the influx of rare materials have on the market for those materials? An answer to the first question is that the materials do not have to be returned to Earth. Processing and manufacturing can take place in space. Using these materials to build new space vehicles can reduce the cost of space exploration as one of the largest costs is the fuel needed to leave Earth. As for the question regarding the effect on the market, well we can leave that to the economists and the invisisble hand for now. For a discussion of some of the legal issues surrounding asteroid mining see the previous post on the legal issues on mining the moon. Below is a collection of links from around the web to offer a snapshot of where the asteroid mining industry is and where it is headed.

Planetary Resources: http://www.planetaryresources.com/

Deep Space Industries: http://deepspaceindustries.com/

Stott Space: http://stottspace.com/

Goals of Stott Space: http://www.spacedaily.com/reports/Stott_Space_Aims_to_Mine_Asteroids_this_Decade_999.html

NASA receives funding to capture and asteroid:
http://www.space.com/20538-nasa-asteroid-capture-funding.html

Senator Bill Nelson (D, FL) and others back NASA plan to capture an asteroid: http://www.newspacewatch.com/articles/sen-bill-nelson-says-nasa-will-initiate-asteroid-capture-project.html

Planetary Resources view of NASA's asteroid plan:
http://www.planetaryresources.com/2013/04/nasa-wants-to-bag-an-asteroid/

First an asteroid, and then Mars:
http://cosmiclog.nbcnews.com/_news/2013/04/06/17630481-administration-confirms-nasa-plan-grab-an-asteroid-then-focus-on-mars?lite

Commentary on NASA's plan: http://www.spacedaily.com/reports/More_Treasures_from_Asteroids_999.html

Keck Institute for Space Studies: Asteroid Return Mission Study: http://www.kiss.caltech.edu/study/asteroid/

Book Review: Law and Regulation of Commercial Mining of Minerals in Outer Space

     Law and Regulation of Commercial Mining of Minerals in Outer Space by Ricky Lee is the seventh volume in the Springer Space Regulations Library. ISBN: 9789400720381. Lee lays out a strong background and a detailed overview of the current state of space law to form his proposal for creating a regulatory framework for mining in outer space. The book is organized into 7 chapters, references, and an index. After the detailed table of contents are lists of abbreviations, list of figures, list of tables, glossary, and a list of reports, series, and journal titles.

     Chapter 1 provides the historical background for space exploration, the hypothesis of the book, and lays out a broad overview of the other chapters. There is a graphical representation of the flow of the chapters on page 3. This is the first of many charts and graphs throughout the book which add detail and allows the reader to obtain a thorough grasp of the technical material. Chpater 2 discusses the economic and technical prospects of space mining. One part of the chapter of particular interest is the discussion of the various classes of asteroids and their geologic make-up. Chapter 3 reviews the exisiting international space law. Chapter 4 explores how commercial uses of outer space coincide with provisions of the international treaties with discussions on commercial versus public use and the prohibition on property rights. Chpater 5 describes the policy impasses of the "province of all manking" and "common heritage of mankind" principles and the need for a new legal framework. Chpater 6 is the key chapter to the book's namesake. This is the chapter where Lee proposes resolutions to balance regulation and free market in the creation of an international regulatory authority without violating or recreating the international treaties. Chapter 7 briefly discusses the assumptions that must be satisfied in order for the hypothesis to be proven.

     Along with the footnotes in each chapter the researcher will also find the organization of the references section highly useful. This section is broken down into treaties, United Nations documents, international cases, domestic (by country) legislation and regulations, domestic cases, and secondary sources. Overall the book is detailed, thorough and a very interesting read for the space law and asteroid mining enthusiast.