In recent years, the concept of ‘responsible behavior’ in the context of space activities has appeared more and more frequently on the international scene. Although everyone seems to agree on the need to behave ‘responsibly’ in space, the whole debate is far from being adequately defined. This paper suggests that ‘responsible behavior’ should also govern and delimit the exploitation and use of space resources. Responsible behavior in this respect will be defined by Article IX OST, in particular by the ‘due regard’ principle, the willingness of States to cooperate internationally but also to promote a sustainable use of these resources. Further, the prospect of permanent human space settlements will redirect the approaches (political-legal) to the issue of space resources, depending on the stance that these communities will take on this issue. The different possible scenarios may redefine what is considered ‘responsible’, with a corresponding impact on the relevant legal frameworks.

International space law, as part of the larger body of public international law, has always hinged upon the legal concept of the ‘State’ as the main relevant actor and carrier of direct rights and obligations. That concept has always been understood and defined with reference to States on Earth, which have been habitually defined in turn with reference to the sovereign control over territory on Earth as the most fundamental element of Statehood.
More recently, however, first a few major projects bent on exploitation of celestial bodies’ natural resources, and then various plans to establish more broadly long-term human habitats on the Moon (and later on perhaps also Mars) arose. In such a context, the age-old definition of a ‘State’ and ‘Statehood’ comes under pressure, and the question arises whether the concept of States should be adapted to a future reality of human habitation of non-terrestrial areas.

This paper highlights four lessons learned from the Norwegian Petroleum Governance system which could be relevant when discussing space resource governance.