SWF Statement – UN COPUOS LSC, Agenda Item 14: Legal Models for Space Resource Activities (March 2017)

This statement expresses Secure World Foundation’s support for ongoing discussions under Agenda Item 14, addressing potential legal models for the exploration, exploitation, and utilization of space resources. SWF emphasizes that while such activities may be years away from regular implementation, the current legal framework—centered on the Outer Space Treaty—offers limited clarity regarding resource extraction.
The statement introduces the legal concept of “lacunae” (gaps in the law) and “non-liquet” (situations where law exists but is unclear), asserting that current international space law falls into these categories regarding space resources. SWF argues that the open and evolutionary nature of space law—demonstrated by the development of the Liability Convention and Registration Convention from the Outer Space Treaty—supports the need for continued refinement.
The Foundation also emphasizes the need to balance future legal frameworks with emerging technical knowledge about resource extraction. It advocates for both national and multilateral approaches to address the legal uncertainties and reaffirms its commitment to supporting the Subcommittee's consensus-building efforts.