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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
With regard to competition laws, he advises clients on various matters of competition law for both domestic and international cases. He has represented clients with many important international cartel cases, including auto-parts, TFT-LCD, air cargo and high voltage power cables. He also handled significant merger cases in various industries, such as nuclear, security exchanges, local banks, steel and metals, food and agriculture, airlines, paper and natural resources. His practice also covers private monopolization, unilateral conduct and unfair trade practices, including vertical restraints and abuse of superior bargaining position, including platform business and internet industries. He also has been very active in the field of international trade matters. He is one of few lawyers in Japan who acted on behalf of various industries with regard to anti-dumping (AD) and counter-vailing duties (CVD) in Japan and overseas. While he served as deputy director of the Ministry of Economy, Trade and Industry of Japan, he handled several important WTO disputes on behalf of Japanese government. He continues to advice both public and private sectors with regard to various sorts of trade law matters associated with WTO, investment treaties and Regional Trade Agreements. His trade expertise also covers export controls, investment screenings, economic sanctions and customs matters.
Akihiko IZU
- Associate
- Tokyo
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