The Future of Space Mining: Learning From Ocean Resource Laws

By Dr Silpaja Chandrasekar, PhDReviewed by Laura ThomsonFeb 21 2025

A recent publication in Frontiers in Space Technologies examined the parallels between ocean floor mining and lunar extraction, emphasizing the need to protect the Moon as a global common. It traced the historical evolution of global commons governance and analyzed challenges in ensuring equitable access and sustainability. A case study on Nauru Ocean Resources Inc.'s seabed mining highlighted legal and environmental concerns. The study underscored the inadequacies of existing frameworks like the Moon agreement and the law of the sea. It warned that unresolved issues in ocean mining could lead to similar regulatory failures in lunar resource utilization.

Related Work

Past work has explored fairness, justice, and ethics in resource governance, tracing the concept of global commons from early agreements like the 1815 Vienna Congress to modern frameworks. The United Nations has recognized the High Seas, Atmosphere, Antarctica, and Outer Space as global commons, emphasizing sustainability and environmental concerns. Regulatory gaps persist in governing shared resources, as noted in the 2018 UN report.

Challenges in Global Commons

The concept of global commons is ideal, promoting equitable, sustainable, and environmentally responsible resource use. However, disparities in capabilities and interests often lead to resource exploitation, a phenomenon known as the "tragedy of the commons." Hugo Grotius' principle of "free seas" has, over time, been criticized as a "first come, first served" approach, resulting in overconsumption and pollution of the high seas. Industrial activities have contributed to rising ocean temperatures and environmental degradation, with limited corrective action taken despite growing recognition of these issues.

While legal constraints and advanced technologies like remote sensing satellites and radar systems aid in monitoring global commons, ensuring responsible use still requires vigilance. Outer space is politically considered a global common but lacks universal legal recognition and faces significant regulatory challenges due to geopolitical tensions. Without robust protective frameworks, sustainable use of these shared resources remains uncertain, posing potential risks to Earth's delicate environmental balance.

Sustainable Space Governance

The Moon Agreement was intended to regulate human activities and resource utilization on the Moon. Still, many countries have not ratified it, and a leading space-faring nation has even rejected it. Article 11 of the agreement proposed a future regulatory framework for lunar resource use, but no concrete legal principles have been established.

The lack of clear regulations poses a significant risk to the long-term sustainability of space activities. Unlike Earth's global commons, which can regenerate resources through natural processes, the Moon lacks such mechanisms. Extracted water and volatiles are not naturally replenished, and elements like hydrogen and oxygen, once consumed, do not regenerate. While some materials like lunar regolith can be reprocessed, the fundamental challenge remains that lunar resources are finite and require strict governance.

As applied to Earth’s resources, the concept of global commons does not easily extend to celestial bodies like the Moon and asteroids, which have unique compositions. The lack of a legal framework differentiating these bodies creates challenges in regulating their resources.

Space law lacks clear boundaries between airspace and outer space, leaving resource management ambiguous. Collaboration between legal experts, policymakers, and the scientific community is essential for developing a sustainable framework for space resource management. Regulations must address the unique characteristics of each celestial body to ensure responsible and effective governance.

Seabed Mining Debate

The regulation of seabed mining remains a crucial issue in global commons governance. The law of the sea designates seabed resources as the "Common Heritage of Humankind," emphasizing shared benefits. Unlike the Moon Agreement, which failed to gain traction, this principle has been legally recognized through the International Seabed Authority (ISA). However, the ISA has not established clear guidelines for seabed mining. In 2021, Nauru and The Metal Company applied to mine poly-metallic nodules from the Pacific Ocean floor, extracting nickel, manganese, copper, and cobalt for electric vehicle batteries.

Despite the absence of formal regulations, feasibility trials were conducted, and in 2022, the ISA approved a trial mining operation. This decision sparked controversy, as nations like Palau, Fiji, and Samoa demanded a moratorium over environmental concerns. The international response to seabed mining could influence the future governance of space resources, particularly on the Moon. Key issues include regulatory oversight, environmental protections, and benefit-sharing mechanisms. Legal disputes may arise, prompting the International Court of Justice to set precedents for resource extraction policies.

Conclusion

To sum up, the researchers investigated the regulatory, legal, and environmental aspects of global commons, seabed mining, and lunar resource use, contributing to understanding the future of space exploration and resource management. They explored how the impact of seabed mining could influence the governance of the Moon's resources. Their work emphasized the need for fair decisions regarding ocean floor mining to establish a solid foundation for lunar governance. Their research highlighted the importance of creating clear legal and regulatory frameworks for responsible use of shared resources on Earth and beyond.

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