Legal qualification and ownership of meteorites in Chile

Abstract

The purpose of this research was to study the legal classification of meteorites, from the perspective of the comparative analysis of different legal systems, in order to be able to establish, in the case of national legislation, the importance of its regulation for scientific purposes and legal certainty in regarding its use and disposal. The present investigation was of an exploratory nature, for which various already existing antecedents were compiled for analysis through a qualitative methodology. Within this framework, the information and texts on the matter were analyzed, evidencing the gaps between the current regulatory situation and the desirable one in terms of legal regulation of meteorites, which allowed the formulation of proposals for specific measures in the field of study.

Meteorites have been studied from a scientific perspective due to their great relevance in the investigation of the origin of our planet and the universe. Its shape corresponds to a rock formation similar to that found on our planet, but its composition studied so far refers to metals that have no record on earth. Meteoroids, whose best known form lies in the word “meteorite” are, in most cases, elements that enter the atmosphere and then fall to the earth’s surface. However, its legal regime has not been addressed in a systemic manner. Although there is a record of meteoroids entering the atmosphere, there is none regarding the disposal of their remains. The importance of its regulation lies in several aspects. The first, from the security in its handling. Then, the importance of their composition and lastly, the property regime that protects them, which allows establishing their conditions of use and disposal, which ranges from the scientific to their possible commercial exploitation. The normative regime of meteorites must be approached from an international law perspective and also, through the regulation of the nation depositing the remains. Their constant and permanent monitoring also deserves integrated and coordinated regulatory attention, since the trajectory of meteoroids could coincide with satellites, aircraft or other space devices, potentially causing interference or accidents that affect people’s lives. Its regulation and disposal regime in our country is an important task to address and relevant from the perspective of people’s safety and well-being.

In the same way, there will always be an area not covered by the legislation or the capacities of a country that is related to populated areas and that the States will have to anticipate with the mitigation of the damage caused. It is an opportunity for the design and elaboration of public policies in this sense and for national and international collaboration. This condition will allow the creation of new capacities and increase the levels of security for citizens.