Statutory Interpretation and Space Resource Governance: Analyzing Article II of the Outer Space Treaty

Abstract

In this Major Research Paper, I examine the statutory interpretation of Article II of the 1967 Outer Space Treaty (OST) in the context of emerging domestic space mining laws. I investigate how the United States, Luxembourg, and Japan interpret the non-appropriation principle to permit commercial extraction of extraterrestrial resources, despite the treaty’s provisions. Employing a doctrinal legal analysis, I evaluate whether such interpretations risk creating de facto sovereignty, undermine equitable benefit-sharing, and challenge the OST’s commitment to peace and cooperation. Comparative analysis with the 1982 United Nations Convention on the Law of the Sea highlights alternative governance models, particularly the ‘common heritage of mankind’ principle. This study proposes a policy-oriented framework for a new international resource regime that reconciles commercial incentives with global equity and legal certainty. The findings underscore the urgent need for multilateral clarification to ensure that space resource activities remain lawful, non-sovereign, inclusive, and conducive to peace.