The Global Commons: Deep Sea, Outer Space and beyond

Abstract

Mining of the global commons in the deep seabed and outer space is grow-ing in technological and economic feasibility. Concurrently, we have in-creasing scientific knowledge of the environmental and social risks in-volved. Is the concept of the global commons and the related international law principle of the common heritage of humankind useful for negotiating such risks? Can this principle overcome its disciplinary legacy of strong mercantilist values and make an evolutionary turn towards greater ecologi-cal and social consciousness? To answer these questions, this reflection examines the role of the commons, corporations, and European empire in the creation of international law as well as environmental crises. It con-cludes that to overcome disciplinary legacies of imperialism and corporate greed, it would be helpful to conceive of international law as itself a global commons. Rather than Eurocentric values writ large, an international law where all cultures could participate on their own terms makes space for more sustainable and equitable legal traditions to reshape the global order.