Despite doubts about its compatibility with international law, space mining is becoming an increasingly hot topic. This article provides an overview of the situation.
Back in 1898, Garrett P. Serviss addressed the subject of harnessing asteroids in his science fiction novel "Edison's Conquest of Mars". At that time, it was pure fiction, but today the idea of asteroid mining is moving ever closer to reality. What does this term mean and what is driving research and development in this area?
Extraction of raw materials from asteroids: the gold mines in space
Space mining refers to the extraction of raw materials from space. Asteroid mining is a branch of space mining that deals specifically with the extraction of rare resources from asteroids. These rocky celestial bodies offer enormous potential for valuable raw materials such as metals, rare earths and even water, which could be invaluable for future space missions. According to estimates, the world's demand for metallic raw materials could be met for decades with just one asteroid measuring one kilometre in diameter.
There are many incentives for asteroid mining. One is that it could help make sure we have enough supplies for future space missions by giving us a new source of water, which is not just essential for life but can also be used to make fuel in space. Access to new sources of raw materials could also boost innovative technologies and industries on Earth by increasing the availability of rare and valuable materials that are indispensable in many modern applications. The industrial sector already fears a shortage of rare earths, whether due to the naturally limited availability of resources or export restrictions.
While there is no finished concept for mining raw materials in space yet, research into the technical feasibility of space mining is progressing. A mining project by Chinese start-up Origin Space has already taken its first steps into space with the Yangwang-1 and NEO-1 satellites. While Yangwang-1 is designed to identify asteroids for mining, NEO-1 is intended to test technologies for capturing and mining asteroids.
Although asteroid mining is still in its infancy, technical advances in recent years, the commercialisation of space travel and increasing funding for private space exploration suggest that the line between science fiction and reality is becoming increasingly blurred.
Legal bases: a framework for asteroid mining?
Asteroid mining faces not only technical and economic challenges, but also legal issues. Many companies consider the creation of a legal framework to be essential in order to establish legal certainty for them and their States. The 1967 Outer Space Treaty (Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies) has been ratified by almost every country in the world and forms the basis for space law. However, this only refers in general terms to the equitable exploration and use of outer space, meaning that no specific regulations for extraterrestrial mining can be derived from it.
Initial calls to amend the 1967 Outer Space Treaty to explicitly allow property rights and rights of use on the moon were already made in the USA in 2013. In recent years, some countries have recognised the need to adapt the existing legal framework and have enacted national space laws. More than 20 countries have already taken legislative action in this area, with the USA and Luxembourg among those enacting laws specifically for space mining. The US Space Act of 2015 regulates asteroid mining and grants private companies the right to use space resources. The Luxembourg Space Resources Law enables the mining of extraterrestrial resources in the same way. In 2024, the two States even created a legal framework for joint projects as part of an agreement to strengthen their cooperation and promote the exploration and use of space resources.
Other regions, such as the United Arab Emirates and Japan, have also already begun to address this issue and are working on a legal framework for mining space resources. After the Federation of German Industries (BDI) called for a space law in 2018, the German government published a paper in September 2024 setting out the key points for a future national Space Act (WRG). The paper does not contain any statements on space mining. This also applies in principle to the draft for an EU Space Act, which the EU Commission presented on 25 June 2025. Although numerous space activities are to be subject to authorisation from 2030 onwards (Article 6 ff. draft EU Space Act), which means that the granting of authorisations by Member State authorities for these activities will be legally standardised throughout the EU for the first time, this mainly covers the operation and control of space objects, launch services, and space debris (Article 5 (13) draft EU Space Act) – but not activities related to space mining. It can therefore be assumed that the EU Space Act will not be conclusive for this sub-area and will continue to leave Member States with regulatory leeway. As things stand at present, Member State laws on space mining are therefore likely to remain possible and applicable despite the EU Space Act.
Space mining and international law
While some States consider the extraction of resources to be acceptable, others have expressed concerns under international law. The 1967 Outer Space Treaty is at the heart of the controversy. By becoming customary international law, the Outer Space Treaty, which is referred to as the "Magna Carta of space law", lays the foundations for the utilisation of outer space for all States, including those that are not parties to the Treaty. In particular, Article II, which prohibits the national appropriation of outer space, is seen as an obstacle to space mining. Critics argue that the treaty also prohibits the private appropriation of resources in outer space, as it does not provide an explicit exception for private actors. The purpose of the treaty is to guarantee free access to space. Since it is irrelevant who impedes free access, private individuals must also be covered by its scope.
In contrast, countries such as the United States and Luxembourg consider the mining of resources to be acceptable in accordance with international law. They refer to Article I (2) of the Outer Space Treaty, which guarantees freedom of exploration and use of outer space for all States. Proponents of space mining argue that this treaty also covers the commercial use of resources in space, as exploration and use are not limited to scientific or military purposes. In accordance with the rule of international law established by the Permanent Court of International Justice in the Lotus case (1927), "everything which is not forbidden is allowed". In the context of this landmark decision, the Court dealt with the sovereignty of States and established the "Lotus principle" as a regulatory mechanism of international law. Some advocates of space mining simply point to the lack of regulations: The Outer Space Treaty only makes statements about extraterrestrial bodies as a whole, while the question of the use of mineral resources is not regulated.
The need for international regulations for space mining is recognised by both sides. The Moon Treaty of 1979, which was ratified by only 18 States and has remained practically irrelevant, stipulates that space resources cannot be subject to national or private ownership. The development of such regulations within the framework of an international order envisaged in the Moon Treaty would end the conflict in favour of the critics of asteroid mining. One example of successful international regulation is the 1982 UN Convention on the Law of the Sea, which established an international regime for resource extraction on the seabed. According to this convention, no State may appropriate parts of the seabed or its resources; the allocation of rights of use is centrally controlled by the International Seabed Authority based in Kingston, Jamaica. A similar solution for space could pave the way for a sustainable and conflict-free use of space resources.
Article VI of the Outer Space Treaty is important for private actors seeking to engage in space mining. According to this Article, States are responsible for the activities of their non-governmental organisations and must ensure that they act in accordance with international law. Countries that allow the mining of resources in space must also monitor and ensure that the companies involved comply with the rules of international law. This is intended to prevent space activities that are detached from State responsibility.
The Hague International Space Resources Governance (HISRG) working group, which was founded in 2016, developed proposals for international space mining regulations back in November 2019. It consists of actors involved in space resource activities, representing industry, States, international organisations, science and NGOs, and is led by a consortium partnered with Leiden University. The proposed text modules for a framework include the granting of priority rights for the search for and mining of resources in space by an international registrar. Such a regulation could ensure that the mining of resources in space is carried out in a way that takes into account the interests of both States and private companies.
Staying the course in space mining: companies should monitor legal developments
Overall, space mining requires careful consideration of existing treaties and regulations under international law. The view that there is no comprehensive and explicit prohibition on allowing private entities to mine space resources as long as everyone is guaranteed compliance with Article II of the Outer Space Treaty through unrestricted access to the whole of space appears to be gaining ground. A cooperative solution that takes into account the interests of all States could pave the way for future use of space resources that is both economically and ecologically viable.
Experts agree that the development of international regulations for space mining is an important step in this direction. However, compared to the last international treaty of 1979, it is likely to be much more difficult to reach an international consensus due to the increased number of actors involved.
We will keep you up to date in our blog series on CMS Space Law with the latest articles on this topic.
You can find further information on our Insight page "NewSpace and Space Law".
