Legal Issues Regarding Helium-3 : The Solution to the World’s Energy Crisis
Kaartosalmi, Miikka (2021-04-22)
Legal Issues Regarding Helium-3 : The Solution to the World’s Energy Crisis
Kaartosalmi, Miikka
(22.04.2021)
Julkaisu on tekijänoikeussäännösten alainen. Teosta voi lukea ja tulostaa henkilökohtaista käyttöä varten. Käyttö kaupallisiin tarkoituksiin on kielletty.
avoin
Julkaisun pysyvä osoite on:
https://urn.fi/URN:NBN:fi-fe2021052030878
https://urn.fi/URN:NBN:fi-fe2021052030878
Tiivistelmä
This thesis assesses the current global legal framework regarding helium-3. The paper’s analysis focuses on two specific fields: dual-use goods and laws of outer space, especially concerning space resources. These matters are approached through four research questions. Concerning outer space, the research questions are: what is the current status of the laws surrounding the mining of space resources, and how should this legal framework be amended, changed, or re-interpreted to enable the commercial mining of helium-3 in outer space? Concerning dual-use goods, the research questions are: what is the current status of the legal framework surrounding helium-3 as a dual-use item, and how should this legal framework be amended, changed, or re-interpreted to enable the efficacious use of helium-3 in technological applications while ensuring that the legislation is neither under-inclusive nor over-inclusive.
Making the usage of helium-3 feasible is arguably part of a possible solution for solving the world’s energy crisis. The obstacles to this goal are the high price of helium-3 and its potentially dangerous uses in the proliferation of nuclear weapons. The former is due to helium-3’s scarcity on Earth, and the latter due to its role in manufacturing nuclear weaponry.
Helium-3 is abundant on the Moon. However, space law's current legal framework does not allow the exploitation of resources from celestial bodies. Even if the exploitation were made possible, the issue of dual-use regulations would still be present. These strict export controls make the utilization of helium-3 difficult and expensive. To make the usage of helium-3 feasible and to solve the ongoing energy crisis, altering these frameworks must be discussed. These matters are explored by utilizing the method of legal dogmatism and functional comparative law method.
This thesis concludes that the current legal framework of helium-3 does not enable its efficient utilization. Both international space law and the dual-use framework need to be amended. Space treaties need to be reworked and modernized, starting with the Moon Agreement, which is lacking wide acceptance. Concerning dual-use goods, harmonization is required to lessen the burden on the shoulders of technology companies. In addition to this, strengthening the Wassenaar Arrangement increases the export control regime’s transparency and efficiency.
Making the usage of helium-3 feasible is arguably part of a possible solution for solving the world’s energy crisis. The obstacles to this goal are the high price of helium-3 and its potentially dangerous uses in the proliferation of nuclear weapons. The former is due to helium-3’s scarcity on Earth, and the latter due to its role in manufacturing nuclear weaponry.
Helium-3 is abundant on the Moon. However, space law's current legal framework does not allow the exploitation of resources from celestial bodies. Even if the exploitation were made possible, the issue of dual-use regulations would still be present. These strict export controls make the utilization of helium-3 difficult and expensive. To make the usage of helium-3 feasible and to solve the ongoing energy crisis, altering these frameworks must be discussed. These matters are explored by utilizing the method of legal dogmatism and functional comparative law method.
This thesis concludes that the current legal framework of helium-3 does not enable its efficient utilization. Both international space law and the dual-use framework need to be amended. Space treaties need to be reworked and modernized, starting with the Moon Agreement, which is lacking wide acceptance. Concerning dual-use goods, harmonization is required to lessen the burden on the shoulders of technology companies. In addition to this, strengthening the Wassenaar Arrangement increases the export control regime’s transparency and efficiency.