Nishimura Institute of Advanced Legal Studies (“NIALS”)　Report by the Space Resource Development Laws Study Group Notices

Space resource development is attracting more and more global attention as an industry, and Japan as a country has made significant achievements in this area, making space resources a promising industry for Japan.  However, an appropriate legal regime governing this field is essential for further progress in the industrialization of space resources, and, at this time, it cannot be said that adequate consideration has been given to this issue on a worldwide level.

The Space Resource Development Laws Study Group at the Nishimura Institute of Advanced Legal Studies (or NIALS), chaired by Professor Kazuhiro Nakatani of the University of Tokyo, was established to study the possible legal system that would be required for the optimal growth of space resource development.  The Group is pleased to have, as members and speakers, legal scholars who are leading experts in the fields of space law and international law, experienced space law practitioners, and representatives of companies involved in the space resource development movement.  The Group has now applied its findings to produce a report to the Japanese Government outlining proposals for space resource-friendly legal reforms.

The Japanese version and English versions of the report can be downloaded at the link below.

The key goals of the proposals in this report are to encourage the Japanese government to (1) support the development of domestic rules that will facilitate space resource development by private businesses; (2) in accordance with such rules, take the lead in establishing the relevant rules gradually by fostering private-sector activity within Japan; and (3) promote coordination among countries as necessary.

In this report, the Study Group also proposes, in connection with these key goals, that the government clarify that private businesses are capable of having property rights in space resources that they mine and that it establish a framework for authorization and supervision of space resource development, taking into account any international law issues.

These proposals aim to provide guidance on the development of a legal framework that would allow the Japanese Government to proceed with its consideration of the promotion of the space resource industry with the details it needs.

Authors