Multilateralism and the Development of Governance Instruments for Space Resource Activities

Interest in Space Resource Activities

Over the past 10-15 years, we have seen renewed discussion regarding possible benefits that might be derived from the future exploration, exploitation, and utilization of the natural resources of the Moon and other celestial bodies. While ‘space resource activities’ may indeed give rise to positive outcomes, there are, however, some significant risks and challenges to be considered.

Increasingly, therefore, the international community has come to recognise that it would be desirable that governance mechanisms be developed to ensure that any future space resources activities are undertaken in a manner that is safe, peaceful and sustainable and minimises the risk of misunderstandings, miscalculations and conflict.

Establishment of Working Group

Within that context, in 2021, the Legal Subcommittee (LSC) of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) – currently made up of 110 member States but growing every year – established a Working Group on Legal Aspects of Space Resource Activities (WGSRA) to further a multilateral process to examine and assess the legal framework that would be appropriate for any future space resource activities. The author was initially appointed as Vice-Chair of the WGSRA and, since 2025, has been its Chair.

The formal terms of the mandate of the WGSRA agreed by the member States at the time include the following:

The working group shall:

(a) – (c)…

(d) Develop a set of initial recommended principles for such activities, taking into account the need to ensure that they are carried out in accordance with international law and in a safe, sustainable, rational and peaceful manner, for the consideration of and consensus agreement by the Committee, followed by possible adoption by the General Assembly as a dedicated resolution or other action;

(e) Identify areas for further work of the Committee and recommend next steps, which may include the development of potential rules and/or norms, for activities in the exploration, exploitation and utilization of space resources, including with respect to related activities and benefit sharing.

US National Law

The desire for multilateral dialogue at the United Nations level on this issue can be said to have been ‘galvanised’ by the decision of the United States Congress in 2015 to pass the US Commercial Space Launch Competitiveness Act (CSLCA). Subsequently, several other countries, including Luxembourg, the United Arab Emirates, Japan and others, have enacted national legislation that also seeks to promote such activities. In addition, the non-binding Artemis Accords includes a section on issues relating to space resources.

Of specific relevance to the issue of space resource activities, under title IV of the CSLCA, cited as the “Space Resource Exploration and Utilization Act of 2015”, the United States President, acting through the appropriate Federal agencies, shall (s. 51302(a)):

(1) facilitate commercial exploration for and commercial recovery of space resources by United States citizens;

(2) – (3)…

The CSLCA goes on to provide that (s 51303):

… [a] United States citizen engaged in commercial recovery of an asteroid resource or a space resource under this chapter shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell the asteroid resource or space resource obtained in accordance with applicable law, including the international obligations of the United States.

This latter aspect of the legislation in particular aroused considerable discussion, and some disagreement, amongst academia, industry, regulators, as well as at the multilateral level. At the 55th session of the LSC in April 2016, member States agreed to include in its 56th session the following agenda item: “General exchange of views on potential legal models for activities in exploration, exploitation and utilization of space resources”. It was under this agenda item, which has continued on the LSC agenda since that time, that the member States established the WGSRA.

Multilateralism at Work

Over the past five years, the WGSRA has held 60+ meetings (primarily in person in Vienna) and has made steady progress in accordance with its mandate in a transparent and inclusive manner. The member States have been highly supportive of the process, including during the latest (65^th) session of the LSC that concluded in April 2026 and during which the author chaired 11 meetings (about 16 hours in total) of the WGSRA.

There now appears to be a convergence that foundational principles for possible future space resource activities should be finalised. To that end, the member States, in accordance with the WGSRA mandate, are working towards the development, by 2027, of a set of initial recommended principles for such activities, which would then likely also be the subject of a United Nations General Assembly Resolution.

Since March 2025, the member States have been negotiating the first draft of these principles, which had been prepared at their request by the author. They have now requested that the author (and his Vice-Chair) prepare an updated consolidated version, incorporating their views as to points of convergence. This will be published in all six official United Nations languages in early September 2026. From that basis, the discussions will, hopefully, continue towards agreement by consensus during 2027.

In essence, this is a ‘big issue’ with global implications; it has the propensity to change the way we think of outer space and the place of humanity in the broader environment around us. The existing treaty framework for space, in particular, the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and the 1979 Agreement Governing the Activities of States on the Moon and other Celestial Bodies, contains several relevant provisions, and the development of the initial recommended principles will build upon those as part of an iterative process for future space governance.

Path Towards Agreement

In moving forward, we also need to carefully consider the potential for a ‘tragedy of the commons’ situation in relation to space resources, similar to where we find ourselves with respect to the problem of increasing space debris. What is at stake is the future of universal human access to space. Despite some challenges, the multilateral process continues to take us forward. It takes time and involves intense negotiations, but we have to get it ‘right’ and allow all views to be heard. A rash move could tip the balance and erode the general understanding of space as akin to a global common. Cool heads are required, and the key will be international cooperation and agreement on a broad scale.

Accordingly, this issue is too important and too complex to be undertaken by a small number of private enterprises or countries. A clear set of appropriate ‘rules of the road’ must be established to safeguard the interests of every stakeholder and address the legal, technical and policy challenges. Countries must work together to establish common standards, guidelines, and mechanisms for regulating space resource activities and ensuring compliance with international law.

In other words, it is imperative to avoid a situation where different groupings of countries/companies are engaged in such activities under differing rules and operating standards, if we are to minimise the risk of misunderstandings, miscalculations and worse.

Whilst some commentators may be tempted to ignore this crucial multilateral process, asserting instead that States have no desire to develop rules or principles for future space resource activities, that is clearly not the case. By doing so, they paint an inaccurate and over-simplified picture.

The UNCOPUOS system of agreement based on multilateralism and consensus is the best way to facilitate dialogue and promoting the peaceful and equitable use of outer space, recognising also that an atmosphere of competition also exists. Whilst acknowledging that the system is not perfect and there can never be any guarantees, we should have faith in this process and let it take its course.