Electronic Thesis and Dissertation Repository

Thesis Format

Monograph

Degree

Master of Studies in Law

Program

Law

Supervisor

Oosterveld, Valerie

Abstract

As the demand for minerals and metals soars and supplies diminish, mining operations are consuming a larger footprint on the planet and creating more mining wastes. Humans have created an Anthropocene epoch on Earth.

Mining companies are seeking new sources from the depth of the seas to the heavens above. In recent years, mining of the Moon and other celestial bodies has become feasible.

This thesis considers the question, ‘What is a logical and defensible legal framework for post-space resources extraction treatment, given terrestrial best practices?’ It does so through a doctrinal and comparative analysis of Australian and Canadian mining laws regarding terrestrial post-resources extraction treatment of the mined area. It also considers international environmental law on sustainable development and outer space law in order to draw together key legal touchstones. The thesis concludes by recommending a framework for protecting the celestial environment, and avoiding a celestial Anthropocene epoch, while ensuring the benefits of space resources extraction are realised by all humankind.

Summary for Lay Audience

The Anthropocene epoch is the controversial geological time we are currently in, that has been created by humankind. One of the major contributors to the Epoch is the mining industry. As the demand for metals soars, terrestrial supplies are dwindling, and miners have started to explore the depths of the oceans and the heavens above, namely the Moon and other celestial bodies. The current laws surrounding outer space are ambiguous as to the legality of mining the Moon and other celestial bodies, little is mentioned about space resources extraction, and the post-extraction aspect is completely ignored. Without a framework for post-space resources extraction treatment, an Anthropocene epoch in outer space is sure to happen.

This thesis reviews the mining laws of Australia and Canada, outer space law, and international environmental law on sustainability to develop a framework for the post-mining treatment of the Moon and other celestial bodies, while sharing the benefits with all humankind.

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