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Title: El dret de l'espai ultraterrestre: visió i prespectives de la seva futura titularitat i explotació dels recursos
Author: Victorino Sanchez, Juan Victor
Tutor: Laspalas Zanuy, Víctor
Keywords: Space law
resource exploitation
Issue Date: 16-Jun-2021
Publisher: Universitat Oberta de Catalunya (UOC)
Abstract: The relatively new Space Law or Outer Space Law, is gaining importance, and in particular two of the specific and at the same time indissoluble aspects of it, which although it faces incipiently will have in the future a very great importance: (i) its ownership and (ii) the appropriation and exploitation of its natural resources. A great deal of science fiction shows us a future where natural resources beyond planet Earth are appropriated and exploited: from the malevolent private company of the Alían Saga (1979), through the mining concessions to the company Cono-am27 on titanium to the moon Ion of the film Zero Atmosphere (1983), the ruler-owner of l'Sido-Colony to the planet Mars of Total Defiance (1990), the lunar exploitation Moon (2009), where l'helium-3 is exploited; and as many other literary works and of the big screen. Others have been more scientific in nature, such as the now classic and almost cult Foundation Series by Isaac Asimov (1982-1992), Cosmos (1980) and A Pale Blue Dot: A Vision of the Human Future in Space (1994) by Carl Sagan, or the Mars Trilogy: Red Mars, Blue Mars and Green Mars by Kim Stanley Robinson (1992-1996). Authors such as John S. Lewis in his Mining the Sky: Untold Riches from the Asteroids, Comets, and Planets (1997), suggest that in our Solar System alone, there are resources to support a population of up to 10 quadrillions of humans. When the world's agencies and countries have yet to agree on how to establish many of the parameters for the future exploitation of resources such as the seafloor (i.e., beyond the limits of 12 nautical miles (NM) national territorial waters), or what regime will eventually apply to Antarctica when the treaty on Antarctica expires (IEEE, 2018), humans are already thinking about outer space. This is thanks to the scientific and technological advances that, since the end of the 1950s, will make it no longer imaginary, but real, to reach space and take advantage of its natural resources. The document signed by the now former president of the United States, Donald J. Trump (TIME, 2020) by which, in the midst of the Covid-19 pandemic, he intended to privatize the Moon, breaking the spirit of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, known as the Moon Treaty signed in 1979 and entered into force in 1984 (UNOOSA, 1979), is one of the indications that sooner or later (in fact it is already happening) there will be a race both of countries and corporations, entities and all types of companies, for the ownership of outer space and to exploit what it contains. And for what reason? Well, it would be none other than the ancient and human desire to dominate and exploit natural resources, so that the space race would no longer be just a matter of prestige and scientific and technological progress, but an economic issue. A recent example can be found in the sending to the hidden face of the Moon of the Chinese exploration probe Chang'e-4, and it is speculated that China has not sent it only to recognize the map and study that area, but because there have been found huge reserves of helium-3, considered as the ideal fuel for cold fusion and that could reach energy the entire planet for thousands of years. (BBVA, 2019). Even already and as it is usual to the humanity, a problem of the environment is glimpsed. In the Earth's orbit there is already garbage, estimated at more than 780,000 objects (INFOESPACIAL, 2017), and humanity and its activity in space have just begun.
Language: Catalan
Appears in Collections:Bachelor thesis, research projects, etc.

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