Space resources law

An operator acquires ownership of resources mined under the plan attached to its permit, by possessing them with the intention to own (Art. 5). The English is an unofficial translation; the Japanese text is authoritative.

A satellite-management permit under the Space Activities Act with a business activity plan (Art. 3), granted by the Prime Minister after consulting the Minister of Economy, Trade and Industry. Permits are published (Art. 4). The Act must not hinder performance of Japan's treaty obligations (Art. 6).

• Japan Space Resources Act permit to ispace for HAKUTO-R Mission 1 (2022)Space resources authorization, 2022-11-04. Flew. Outcome: failure
• Japan Space Resources Act permit to ispace for Mission 2 (RESILIENCE) (2024)Space resources authorization, 2024-12-17. Flew. Outcome: failure

Space resources are capable of being owned (Art. 1; the French original prevails).

No person may explore or use space resources without a written mission authorisation from the ministers (Art. 2). It is granted to an operator for a commercial mission (Art. 3), and the applicant must be a Luxembourg-law company or European Company with its registered office in Luxembourg (Art. 4).

• Luxembourg space resources mission authorisation to ispace EUROPE S.A. for the TENACIOUS micro-rover (2024)Space resources authorization, 2024-11-22. Flew. Outcome: failure

The decree itself does not state an ownership rule for extracted resources. The current Cabinet resolution on space resources, reported as No. 204 of 2025, has not been verified from primary text.

Permits for the exploration, exploitation and use of space resources are granted by a resolution of the UAE Space Agency board, on conditions left to a Cabinet resolution (Art. 8).

A U.S. citizen engaged in commercial recovery is entitled to possess, own, transport, use and sell the resource obtained, in accordance with applicable law including U.S. international obligations (51 U.S.C. 51303). The Act disclaims U.S. sovereignty or ownership over any celestial body (Sec. 403).

The 2015 Act tasks the President to promote recovery "subject to authorization and continuing supervision by the Federal Government" but does not itself establish a resource-recovery authorization process. No U.S. resource-specific authorization has been issued as far as the primary sources reviewed here show. Executive Order 14335 directs a mission authorization process to be proposed. Neither it nor its 2026 pilot says whether resource extraction would be covered, and the pilot is voluntary, without direct legal effect, and leaves FAA and FCC licensing requirements in place. Whether a rule has since been published is not established here.

• FAA-led interagency payload review: Moon Express MX-1E (2016)Favorable payload determination, 2016. Not flown (stalled)

The payload determination is not recorded as a resource-extraction or resource-ownership authorization, and the mission never launched.

Art. 11(1): the Moon and its natural resources are the common heritage of mankind. Art. 11(3): natural resources in place cannot become the property of any state, organization or person. Art. 11(5): parties undertake to establish an international regime to govern exploitation 'as such exploitation is about to become feasible' (not established).

No explicit resource provision. Art. II bars national appropriation of outer space including the Moon and celestial bodies; Art. I makes outer space free for exploration and use by all States; Art. VI requires states to authorize and continually supervise non-governmental activities and makes them internationally responsible for national activities. These three articles are the basis on which national space resource laws and authorizations operate.

The treaty text does not mention resources. Whether extraction is use (Art. I) or appropriation (Art. II) is contested and is not settled by the text itself.

Section 10: utilization of space resources can benefit humankind; extraction and utilization should comply with the OST; signatories affirm that extraction does not inherently constitute national appropriation under OST Art. II; signatories commit to inform the UN Secretary-General, the public and the scientific community of their extraction activities; and intend to contribute to multilateral efforts including at COPUOS.

Building block 8: an international framework should ensure resource rights over extracted raw mineral and volatile materials (and derived products) can lawfully be acquired through domestic legislation or bilateral/multilateral agreements, with mutual recognition between states, and consistent with OST Art. II non-appropriation. Also proposes priority rights registered in an international registry.

Draft only (July 2026 consolidated draft): would affirm that the international space law regime applies to space resource activities, that the principles are non-binding and create no new rights or obligations, that nothing authorizes national appropriation, and (draft Principle 2(D)) that extraction in compliance with the OST 'does not inherently constitute national appropriation'. These are proposals under negotiation, not adopted text.