Mining in asteroids: to pursue the development

Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development Daniël Konrad Link Member of the Brazilian Association of Air and Space Law (Associação Brasileira de Direito Aeronáutico e Espacial, SBDA) and its Centre of Space Law Studies (Núcleo de Estudos de Direito Espacial, NEDE). 6 th International Meeting of Astronomy and Astronautics. 20 April, 2013

Reasons for the dialogue - JAXAs (Japan Aerospace Exploration Agency) Hayabusa and Hayabusa2 missions; Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development *Image copyright by JAXA:

Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development -Advance in the Hayabusa2 mission from the lessons learned with Hayabusa, the first sample return mission from an asteroid.

Advancement of the technology Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development *Image copyright by JAXA: -Another new challenge, advance of science and engineering from the first mission: the Small Carry-on Impactor; -Small system released from the spacecraft to form an artificial crater on the asteroid surface; --Samples will be obtained from the newly created crater.

International cooperation example Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development *Image copyright by DLR: MASCOT (Mobile Asteroid Surface Scout) lander: cooperation with DLR ( Deutschen Zentrums für Luft- und Raumfahrt, Germany); - MASCOT can be adapted to other future missions;

Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development -The exploration, use and exploitation of asteroids shall/will foster the promotion of international cooperation; -Other partners in Hayabusa2 mission: NASA (United States of America), CNES (France), Australia; -International cooperation favouring the peace, respect and understanding among nations.

Reasons for the dialogue (ii) Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development *Image copyright by NASA; -United States of America going to robotically capture a small near-Earth asteroid and redirect it safely to the Earth-Moon system, where astronauts will visit and explore it. mission_pages/asteroid s/news/asteroid_initiati ve.html

Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development

- Is there a need for a new international regime for the exploitation with no means of appropriation endeavour? Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development Is there a need for a new international regime?

Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development Art. 1 OST = Outer space, including the Moon and other celestial bodies,shall be free for exploration and use by all States without discrimination of any kind; Art. 1 OST = there shall be free access to all areas of celestial bodies ; Art. 2 OST = Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of soverignity, by means of use or occupation, or by any other means. Art. 9 OST = In the exploration and use of outer space, including the Moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of cooperation and mutual assistance and shall conduct all their activities in outer space, including the Moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty.

- How to implement and keep alive the Common Benefit Clause on asteroid use, exploration and exploitation? Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development Common Benefit Clause of 1967 OST Art. 1 OST: The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.

- How to implement and keep alive the Common Benefit Clause on asteroid use, exploration and exploitation? Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development Art. 1 OST: The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind. Opportunities, format of the international cooperation? Inclusive to developing and least developed countries? The existence of a target-population to receive the benefits derived from extraterrestrial natural resources exploitation? Take in consideration regional needs and rational solutions to reduce inequalities.

- Shall we go there and use those resources for our benefit? Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development

Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development

- Difference or limit between sample return, scientific exploration, exploitation, capture of an asteroid, appropriation? Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development - Is it possible to exploit without leading to appropriation?

Concluding remarks - The advantages of bringing extraterrestrial natural resources: – push for new scientific missions that generate demand for the space industry, of products and services in different sizes and layouts of space missions; – diverge mass investments to a niche of industry that promotes peace rather than weaponization ; – cement peaceful presence in outer space; develop technology needed for the Solar System exploration; -Enterpreneurship attitude demanded by the 1979 Moon Agreement; Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development

Cultural revolution or redesign Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development - Man as a single species being able to alter the nature of his world; - outer space is part of mans world; - milestone: to alter the nature of other celestial bodies under the concept-frame and desideratum of the human way of living ; - To have our own homes in space; - water supply still overly limits and overprices human presence in outer space; - mining/transforming water from our own environment, in this case from an asteroid: immense extra edge for robotic and manned missions; - Shift gears side effect in many industries and way of thinking.

Concluding remarks (ii) - The economic activity is not necessarily runned towards appropriation: rather in the push for ideologies, creation of job sites (social well being) and generation of wealth; - Duties and functions of the humanity in face of the existence of valuable natural resources in other celestial bodies. Thank you, Daniël Konrad Link Mineração em asteroides: perseguir o desenvolvimento Mining in asteroids: to pursue the development