413 Miguel Yagües Palazón Environmental Challenges in Outer Space in the... operating. For its part, the company Blue Origin plans to start selling the first su-borbital flight tickets for its New Shepard spaceship in 2019.69 And in fourth place is the exploration and exploitation of other celestial bodies, inclu-ding mining. Its major challenges include SpaceX’s “aspirational” timeline to land cargo missions on Mars starting in 2022 and two years later, to send a manned mission with the purpose of forming a colony on the planet.70 Also in the fray is Bigelow, an American company commissioned to build some of the ISS modules on behalf of NASA, which is simultaneously researching and developing prototypes to send the first private space sta-tion into space71 as well as a lunar space station.72 Bigelow has in fact initiated a series of procedures aimed at claiming property and mining rights on the lunar surface.73 Staking claim to property is a very debatable question as space law treaties prohibit such claims, as referred to in OST Article 2, which states that “outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, use or occupation, or by any other means”.74 The 1979 Moon Treaty is even more res-trictive on this issue, while Article 11.3 states that “neither the surface nor the subsurface of the moon, nor any part thereof or natural resources in place, shall become property of any State, international intergovernmental or non-governmental organization, national organization or non-governmental entity or of any natural person”75 However, this Trea-ty has no binding force due to the small number of states that have ratified it. That is why in order to permit outer space exploitation activities, some states have already begun to enact national legislation regulating private space exploration missions. Luxembourg is a case in point with its Loi du 20 juillet 2017 sur l’exploration et l’utilisation des ressour- 69 Foust, J., “Blue Origin plans to start selling suborbital spaceflight tickets next year”, Washington, 21 June 2018, <https://spacenews.com/blue-origin-plans-to-start-selling-suborbital-spaceflight-tickets- next-year/> consulted: 15-9-2018. 70 Wall, M., “Elon Musk Wants Giant SpaceX Spaceship to Fly People to Mars by 2024”, Space. com, 29 September 2017, <https://www.space.com/38313-elon-musk-spacex-fly-people-to-mars-2024. html> consulted: 15-9-2018. 71 Howell, E., “Bigelow Aerospace: Inflatable Modules for ISS”, Space.com, 17 January 2013, <http://www.space.com/19311-bigelow-aerospace.html> consulted: 15-9-2018. 72 David, L., “Private Moon Bases a Hot Idea for Space Pioneer”, Space.com, 14 April 2010, <http:// www.space.com/8217-private-moon-bases-hot-idea-space-pioneer.html> consulted: 15-9-2018. 73 Klotz, I., “Exclusive - The FAA: regulating business on the moon”, Reuters, Florida, 3 February 2015, <https://www.reuters.com/article/us-usa-moon-business/exclusive-the-faa-regulating-business-on- the-moon-idUSKBN0L715F20150203> consulted: 15-9-2018. 74 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. (Resolution 2222 (XXI) of the General assembly, annex), approved on 19 December 1966, open for signing on 27 January 1967, and in force on 10 October 1967, <http://www.unoosa.org/pdf/publications/STSPACE11S.pdf> consulted: 15-9-2018. 75 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (resolution 34/68 of the General assembly, annex), approved on 5 December 1979, open for signing on 18 December 1979, and in force on 11 July 1984, <http://www.unoosa.org/pdf/publications/STSPACE11S.pdf> consulted: 15-9-2018. Revista del Instituto Español de Estudios Estratégicos n.º 12 - Año: 2018 - Págs.: 397 a 431
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