China submitted a document to the Working Group on Legal Aspects of Space Resource Activities of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space (COPUOS). China’s submission treats the use of space resources as legal, but also calls for adherence to the existing frameworks of international space law, with the Outer Space Treaty as the cornerstone.
The submission could be seen as a beneficial development, helping to set the stage for a dialogue on the legal frameworks for governing the use of space resources.
Discussion and consideration of the legality of utilizing space resources has grown in recent years due to advancements in the space sector, the rise of commercial companies, and renewed interest in the moon.
The Chinese stance is seemingly largely aligned with the broader international consensus on the use of space resources. Whereby, the right to possess and use space resources is permissible under the current international law to a certain extent that would not considered appropriation.
There are a number of issues for the international community to settle going forward, some of which are noted in the Chinese submission. These include how space resources can be utilized in a sustainable fashion and in a way that fosters scientific investigations, while also ensuring peaceful relations in space between states and other actors in space.
Another key matter is the question of how states supervise their national activities, making sure private companies comply with the law. Additionally, all such activities will also need to preclude any national territorial annexation of the moon or other celestial bodies, as prohibited by Article II of the OST.