[thackney]

Outer space, including the Moon and other celestial
bodies, is not subject to national appropriation by
claim of sovereignty, by means of use or occupation,
or by any other means.

- - - - - - -

http://www.newyorklawjournal.com/id=1202733305720/Mining-Outer-Space-Who-Owns-the-Asteroids?mcode=0&curindex=0&curpage=ALL

space cannot be subdivided into national “colonies,” in the manner of 19th century European powers. But there is a difference between appropriation of territory (in this colonial sense) and appropriation of mineral resources, as occurs in commercial mining-and OST says nothing in particular about the latter.

[PIF]

If you cannot claim territory or occupy it, how do you acquire the legal right to mine in the first place?

In any case this was litigated many decades ago (pre-internet) and the upshot is mining can only be done if all parties agree and all parties benefit. It was so long ago, I do not remember who what or where - you will have to find that info on your own.