SWF Statement – UN COPUOS LSC, Agenda Item 14: Legal Models for Space Resource Activities (June 2021)

Secure World Foundation provides a comprehensive perspective on the need for pragmatic and coordinated legal models to govern space resource utilization. The statement underscores the following key points:

• Consensus Beyond Legality Disputes:
  SWF notes that international discussions have progressed beyond binary debates over the legality of space resource use. Instead, focus has shifted toward practical governance models aligned with exploration goals and sustainable lunar presence.
• National Implementation and Global Coordination:
  Drawing analogies to telecom and aviation sectors, SWF argues that national licensing and enforcement, coupled with international standards, offers a viable governance path. For example, the ITU and ICAO set standards globally while nations handle compliance.
• Multilateral Norm-Building (Soft Law):
  Rather than rushing to a treaty, SWF supports a soft law approach akin to the UN’s Long-Term Sustainability Guidelines. It recommends building consensus on voluntary norms, possibly using the Building Blocks from The Hague Working Group as a base.
• Artemis Accords and Practice Development:
  The Artemis Accords are cited as an example of practical steps taken by cooperating states to interpret and apply the Outer Space Treaty to space resource operations on the Moon and in cislunar space.
• Differentiated Resource Regimes:
  SWF stresses that a one-size-fits-all legal regime is inadequate, as the technical and policy implications of using lunar resources differ from those for asteroid or planetary resources.

The Foundation calls for inclusive, incremental legal development that supports innovation while ensuring clarity and cooperation in space exploration and commerce.