Outer space as a global commons and the role of space law

Abstract

The legal nature of outer space as a global commons has a strategic relevance for space policy, both at the international and national levels. As such, it should be considered based on international principles and instruments. Global commons are defined as those areas and resources that fall outside national jurisdiction. Accordingly, by constituting a resource domain to which all nations have access but to which none has the right to claim sovereignty, outer space may be regarded as an example of global commons. The appraisal of current policy and regulatory positions clarifies different perspectives in that regard. A comparative approach draws on the high seas and deep-sea bed, Antarctica, and geostationary orbit. By distinguishing the rules applicable to outer space as a ‘territory’ from those related to resource units located therein, specific elements are uncovered for possible solutions. As far as political science is concerned, the use and exploration of outer space invite international cooperation to assure due regard for the corresponding interests of all nations.