The earth is abundant of natural resources used for commercial purposes such as petroleum, iron, aluminium etc. Keeping in view man's trail of development and progress several natural resources from planets other than earth have also began to be extracted such as Helium 3 and Regolith from moon. Space mining emerges as the only way to achieve the purpose.

It refers to the activities involving extraction of valuable resources from natural deposits either upon, above or below the surface of planets, asteroids and other celestial bodies . The process necessitates recognition of appropriate celestial bodies with resources and their extraction, transportation to earth. It is based on conviction that the use of resources available in space shall encourage further space exploration and also benefit the industrial network on earth.

However, the legitimacy of space mining remains a controversial legal issue due to absence of any express legislative framework across most nations, conflicts in interpretation of treatise and agreements

International Framework On Space Mining

The international framework on space mining comprises of several treatise and agreements entered into between nations or laws made by the United Nations that are ratified globally shaping the rights, obligations and liabilities of nations with regard to space mining. Some of these treatise and statutes are discussed below:

• Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1966): It is also known as the Outer Space Treaty and places key emphasis on beneficial space exploration for peaceful purposes. The treaty is a product of the United Nations Committee on Peaceful Uses of Outer Space. One of the key provisions of the treaty is the tenet of non-appropriation of space by any nation. The principle of non-appropriation states that any celestial body or object cannot be subject to an ownership claim by any nation. It emphasizes that space and its constituents shall be the common patrimony of all humans. Although the treaty does not expressly dictate the validity of space mining, its provisions pose challenges to the determination of ownership of resources extracted from celestial bodies.
   
• The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1979): It is also known as the Moon Agreement, made by the United Nations General Assembly, and is an extension of the Outer Space Treaty. The key provision of the agreement is that any resource extracted from the Moon shall be used for the common purpose of all humanity and not be subject to a sovereign claim by any country. It also signifies the importance of preserving the biological and physical environment of the Moon while conducting space mining. The agreement also prohibits interference with the rights and activities of other countries while extracting resources from the Moon.
   
• The Artemis Accords (2020): It was made by NASA and is a set of international principles governing space mining and exploration. The intent is to facilitate cooperation among nations regarding space exploration. It provides that mining and utilization of resources from celestial bodies in outer space shall be done in a clear and ecological manner. Further, any such activity shall not interfere with other countries' space activities. India is also a signatory to the Accord.

Indian Legal Framework On Space Mining

Apart from being signatory to several international treaties and agreements, India also has a limited statutory framework dealing with space mining.

Some of the constituents of the framework are discussed below:

1. The Satellite Communication Policy, 2000: It is also known as SATCOM and is a fundamental policy framework dealing with infrastructure required for successful mining operations such as licensing, data transmission, satellite communication, and remote surveillance. Although there is no express provision dealing with space mining, its emphasis on satellite communication may merge with the communication requirements of space mining activities.
    
2. The Space Activities Act, 2017: The Act primarily regulates the process of space mining as it lists a prerequisite of obtaining a license and permission from the Indian Government before engaging in space mining. It regulates space mining operations by government agencies or non-government entities by ensuring that mining operations are done in an equitable and sustainable manner in accordance with Indian and international legal obligations.
    
3. Policy Framework for Exploitation and Utilization of Space Resources, 2020: The objective of the policy is to ensure compliance of space mining activities with legal, ethical, and economic standards in the international as well as domestic legal network. It promotes cooperation between nations in mining operations by emphasizing responsibility on the part of the nation to ensure beneficial and equitable utilization of resources extracted from outer space.

Contentious Nature Of Space Mining

Space mining though supported on grounds of economical, technological advancements is considered to be against legal and environmental ethos due to several reasons, discussed as below

1. Ambiguity in International framework: There are several international agreements, covenants, and treaties entered into between several nations dealing largely with aspects of space exploration. However, space mining continues to remain unexplored and largely unregulated due to the absence of any express provisions dealing with the same. There exist almost no conditions relating to ownership of extracted resources, liability in the event of any damage caused, or proprietary rights. Therefore, the lack of governing mechanisms poses serious challenges to mining operations.
    
2. Absence of domestic framework: Many countries are yet to develop a domestic framework for dealing with space mining. This leads to legal uncertainty in space mining. Furthermore, it may result in regulatory oversight, deterrence of investments in the space sector, unauthorized operations, etc. Apart from that, conflicts may also arise between international standards and domestic policy frameworks, which can impose challenges in international collaboration and cooperation.
    
3. Ethical brazens: There may also arise ethical challenges with regard to space mining, such as equitable resource distribution, peaceful use of extracted material, preservation of the environment, common ownership, preventing damage to celestial bodies, etc.
    
4. Intellectual property rights: The process of space mining may involve the development of several technologies, innovations, machinery, or systems which also need to be regulated and governed as a separate class of intellectual property rights. However, this process may involve serious regulatory challenges such as licensing and authorization requirements.
    
5. Liability fixation: The absence of express liabilities of government and other entities in case of damage or destruction caused to any spacecraft, satellite, celestial body, or resources while conducting mining activities in space reduces the sense of responsibility among nations to carry out mining operations carefully and in a secure manner.
    
6. Determination of property rights: There is no clear, well-defined concept of space property rights in international or national frameworks, which imposes serious challenges with regard to determining who shall be the owner of extracted resources, in what manner they shall be used, who shall exercise discretion over them, whether they be subject to common or particular use, etc. Furthermore, the principle of non-appropriation of resources extracted from space adds to ambiguity in determining property rights.
    
7. Environmental protection: Space mining also has an adverse impact on the environment of celestial bodies. Further, the lack of sustainable practices in carrying out mining operations poses certain challenges. In order to prevent damage in outer space, safety zones and ecological practices need to be developed.

Conclusion
Space mining is emerging to be one of the most profound commercial sectors in the contemporary era. It is supported on grounds of scientific advancement, progress in space exploration. However, the scope and subject of space mining continues to be largely unregulated mainly due to absence of a clear legislative framework. This results in many legal, ethical, economic and environmental discrepancies which also discourages its advancement. Therefore, correcting the situation involves the need of a comprehensive legal governance mechanism on aspects of space mining in view of its fast-paced evolution.