Description
As space resource gathering opportunities loom, humanity is presented with the choice to recast its human values and relationships in the arena of this new frontier. These aspirations are dashed by the development of a space governance built on competing national regimes, reinforcing Western style neo-colonialism and a creeping militarisation of space in defence of the national interest in space assets. The corporate space industry is positioned as a key player at the heart of space resource governance, spurring normative trends towards self-regulatory regimes. State complicity with the activities of corporate space actors, coupled with a lack of international congruity as to, firstly, the meaning and extent of national activities (Article VI OST) such as resource extraction, and secondly, the reciprocal obligations arising in the performance of these, presents a significant and highly charged challenge. Moreover, a shift in the political narrative, within multilateral agreements such as the Artemis Accords, narrows the definitions of principled terms such as ‘benefit’ (Art I OST) away from pluralistic models of resource distribution towards ‘cooperation’, with the hegemonic status quo. This renders developing space nations reliant upon the sovereign will of the space superpowers for a share in the benefits of space resources. In the absence of a uniform common ground, alongside the inequality of law-making opportunities within the international arena, the international community’s hands are tied. This paper argues that a true reading of the Lotus judgment shifts the domination of national self-interest as vested in national regimes, to an emphasis upon international cooperation and co-existence. Releasing the Lotus principle stranglehold, would give new wings to the Outer Space Treaty regime, blending global administrative structures, collaborative governments and an enlightened world judiciary. Thus an emboldened international community could invoke the international responsibility of spacefaring States to enforce the collective interest in the use of, and the protection of space resources for the benefit of all humankind.
