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countries such as India and China are looking to mine the Moon for
extracting Helium-3, which is considered a clean and effi cient form of
energy. It is thought that this isotope could provide safer nuclear energy
in a fusion reactor, since it is not radioactive and would not produce
dangerous waste products
res communis’, t
no country can claim any part of outer space as national territory — but
that doesn’t mean private industry can’t mine resources
7 A number of international and space law experts have expressed the opinion “that
the fundamental provisions of [the OST] are so well-observed and respected that
they exist as an entirely different set of legal rules, outside of the textual treaty, as
“customary” international law.”28 This means that even nations who have not
ratified the OST adhere to those principles because of opinio juris, or a belief that
they should.