Space resources law

01 / INTERNATIONAL FRAMEWORK

Principles for space activities

The Outer Space Treaty establishes freedom of exploration and use and prohibits national appropriation of celestial bodies. States bear responsibility for national space activities; non-governmental activities require authorization and continuing supervision.

Due regard for other states, avoiding harmful contamination and consultation over potentially harmful interference are central considerations. Territorial claims and rights concerning extracted resources are distinct issues.

02 / JAPANESE LEGISLATION

Authorization and resource ownership

Japan’s 2021 Space Resources Act requires a business activity plan alongside the satellite-control license application for covered resource activities. The plan describes the purpose, period, location and methods.

Article 5 provides for ownership of resources extracted in accordance with the authorized plan when possessed with the intention to own them. This does not confer ownership of lunar land.

Activities conducted exclusively as, or for, scientific investigation are excluded from the Act’s definition of resource exploration and development. Other laws and licensing requirements must still be assessed for the particular activity.

03 / RESPONSIBLE OPERATIONS

Transparency and coordination

The Artemis Accords express political commitments grounded in existing space treaties. They address scientific data, heritage, resource use and avoidance of harmful interference.

Their safety zones are temporary arrangements for notification and coordination, not territorial claims. The UN Committee on the Peaceful Uses of Outer Space (COPUOS) also examines the legal aspects of space resource activities.

04 / COLLABORATION & IP

Partnerships, intellectual property and data

Instrument development, sample transfers and joint research need clear agreements on responsibilities and results. Key issues include background technology, new inventions, data and software rights, confidentiality and publication procedures.

Transport and operational risks, third-party transfers and arrangements for changes or termination should reflect the project. Agreements with UTokyo are coordinated through the relevant department and university offices.

05 / INTERNATIONAL RESEARCH

Equipment and technology transfers

Export-control review can apply to equipment and components, as well as drawings, software and technical information shared internationally.

Check controlled items and technology, end users, end uses and transfer conditions with your institution before proceeding. An academic purpose alone does not create a blanket exemption under Japan’s Foreign Exchange and Foreign Trade Act.

06 / FROM CONCEPT TO MISSION

Address the framework early

Identify the target body, purpose, operators, launch and control jurisdictions, and the movement of hardware and data. Consider launch and satellite-control licensing and liability arrangements across the mission.

A resource authorization may not cover every requirement. Communications, observation activities and overseas partners can involve additional authorities and national frameworks.