Commercial Mining of Celestial Bodies: A Legal Framework for Mining Temporarily-Captured Orbiters Regarding the Notion of “Patria Economicus”
Commercial Mining of Celestial Bodies: A Legal Framework for Mining Temporarily-Captured Orbiters Regarding the Notion of “Patria Economicus”

Summary/Abstract: The purpose of this research paper is to propose a legal framework for mining temporarily captured orbiters (TCO) as promising candidates for commercial mining and introduce the “Patria Economicus” notion as an adaptation to the Homo Economicus concept. Legally regulating these mini-moons equates the consideration that space mining laws, such as the Luxembourg Law and the U.S. Commercial Space Launch Competitiveness Act, should guarantee an indubitable commercialization. Primary motivations for extraterrestrial mining include extracting and processing valuable materials for commercial purposes. However, space legislators are facing problematic challenges of bringing space law into the commercial world. Specifically defining which celestial bodies would be most profitable to mine, and how exactly can we regulate that process regarding property rights without sovereignty are the main legal aspects of commercial mining. While space law does not directly subject the commercialization concept, thus aggravating existing space industries, anew dilemma arises: Exploitation or Commercialization? Consequently, the commercial regulation of mining TCO is introduced by comparing essential economic and commercial concepts for creating an appropriate legal regime. Commerce space law must define States’ or private mining companies’ economic intentions and put them in a legal perspective for regulating the commercialization of TCO minerals and other materials.

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