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The Role of National Regulations Addressing Space Resource Activities in the Evolution of International Space Law

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This thesis investigates the evolving legal framework governing space resource activities (SRAs), a domain of increasing economic and strategic interest. While the 1967 Outer Space Treaty (OST) establishes that outer space is not subject to national appropriation, its interpretation with respect to the extraction and ownership of extraterrestrial resources remains contested. In light of significant technological advancements and a lack of international legal clarity, several nations—including the United States, Luxembourg, Japan, and the United Arab Emirates—have enacted national legislation authorising commercial space mining, with Brazil also considering regulatory action. This study provides a comprehensive analysis of the applicable international legal instruments, including both hard and soft law mechanisms such as the OST, the Artemis Accords, and the Hague Building Blocks. It further argues that while national regulations are essential for providing legal clarity within domestic jurisdictions, they cannot be viewed in isolation from the broader international legal system. Finally, this thesis evaluates the impact of recent national laws on the coherence of international space law, with particular focus on the tension between legal fragmentation and the prospects for harmonisation. The thesis aims to offer critical insights for legal scholars, policy makers, and industry stakeholders navigating the regulatory challenges of space resource governance.

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International law national law space law harmonisation fragmentation space resource activities

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Licença CC