This paper addresses the question of legality of appropriation of natural resources obtained in outer space under the existing generally adopted Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 1967 (the Outer Space Treaty). In the recent years two countries - the United States of America and the Grand Duchy of Luxembourg enacted legislation aiming at improving legal situation of private entities seeking to exploit extraterrestrial natural resources, which incited controversy as to the compliance with the provisions of the Outer Space Treaty. This question is essential due to the possible role of extraterrestrial mineral resources, such as rare earth metals in the global economy, as well as due to the recently renewed ambitions to explore and include the deep space, including the Moon, Mars and other Solar System celestial bodies in the sphere of human economic activity. The intention of this paper is to assess both the current attempts to regulate this aspect of space mining regulation, along with the actual content of related obligations under the international law.
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