Technological innovation, strategic tension for scarce resources, and novel commercial ambitions have rekindled public interest in space exploration and resource exploitation. To equip decision-makers on this major topic of conversation for the international community, the PSIA Tech & Global Affairs Innovation Hub is pleased to announce the publication of its latest policy brief exploring the legal dimensions of space resource exploitation.

Martina Smuclerova, Senior Lecturer in Public International Law at Sciences Po and recognized expert who has advised, among others, the Czech Republic's Ministry of Foreign Affairs, provides a comprehensive analysis of the evolving legal landscape of space resource activities. Drawing on her extensive experience as a representative to the UN Committee on the Peaceful Uses of Outer Space (COPUOS) and other international fora, she examines current space mining initiatives in light of the existing international legal framework. 

From the initial Outer Space Treaty through the establishment of accords joined by a subgroup of countries, her analysis distinguishes between a unilateral trajectory leading to multipolarism and a multilateral approach rooted in international cooperation. Each approach leans on different legal tools and carries distinct interpretations of the non-appropriation principle, the legal nature of celestial body resources, and the meaning of "benefit sharing" under the Outer Space Treaty. Based on this detailed work, Professor Smuclerova outlines the legal consequences and implications of these competing visions for space governance. In particular, the policy brief identifies the guarantees provided by the multilateral approach to all countries, including non-spacefaring and emerging spacefaring countries.

The brief culminates in a set of strategic recommendations designed to:

• Leverage multilateral guarantees embedded in international legal order through active participation in fora such as UN COPUOS
• Support a clear understanding of current norms and navigate unilateral approaches toward inclusive multilateral forums
• Recognize the legal effects of silence and inaction in the development of customary international law
• Contribute to the principle of benefit-sharing, especially for states without independent space resource capabilities
• Acknowledge the special nature of exhaustible space resources and our common responsibility for sustainable space use

This policy brief serves as an essential resource for policymakers, space industry stakeholders, legal experts, and civil society members seeking to understand how space activities intersect with public international law. As technological capabilities advance and commercial interest intensifies, the choices made today will determine whether space becomes a domain of shared prosperity under a rejuvenated multilateral legal order or a multipolar ecosystem structured by geopolitical competition.

Learn more by reading the full policy brief: Space Resources: Multilateralism or Multipolarity? (PDF, 313Ko)