Current developments in humanity's use of outer space (OS) pose challenging questions around its nature as a commons. On the one hand, commonality is the foundational principle of OS activities. Space is famously characterized as “the province of all mankind” by the 115 signatory countries to the 1967 Outer Space Treaty (OST) and its four companion treaties [1]. The OST establishes, inter alia, that countries may not claim sovereignty over any part of space ; that its exploration and use shall be for the benefit of all countries; and that the principle of mutual assistance be implemented “...with due regard to the corresponding interests of all other States.” These and other principles are included in international arrangements such as the ISS Code of Conduct, and the work of the UN Committee on the Peaceful Uses of Outer Space - establishing a strong regulatory and operational foundation for the OS commons. On the other hand, the current privatization of OS activities brings existential challenges to this vision. In contrast to the robust foundation of commonality, the US, UK, Australia, EU, India and other countries have implemented regulation that is beneficial, even preferential, to private actors who may not be fully committed to an OS commons, but rather to commercial success. Private spaceflight, exploitation of lunar resources, 3D printing of equipment, data storage centers, and other commercial activities are all part of the New Space economy, approaching the $2 trillion mark by 2035 [2]. These New Space developments are exhilarating, yet their overall impact threatens the vision of OS as a commons. A recent study notes that the commons framework “...is seldom used in bilateral arrangements and is mostly absent from recent agreements made by influential players.” [3] Thus, there is an urgent need for an updated vision for the OS commons. This paper analyzes key elements of such a vision: the roles and responsibilities of diverse private and nation-state actors, given the complexity resulting from technological innovation in OS. The analysis extends beyond the US, including initiatives in the UK, the European Union, Australia, and India; and proposes critical steps needed to maintain elements of the vision of OS as a commons, and a “province of all humankind”.
[1] See https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html.
[2] WEF, Space is booming. Here's how to embrace the $1.8 trillion opportunity, Apr. 8, 2024.
[3] Pic, Evoy, and Morin, Outer Space as a Global Commons: An Empirical Study of Space Arrangements, IJC, Sept. 5, 2023.
