Outer space, once conceived as the ultimate symbol
of collective human curiosity, has evolved into a contested arena of commercial
ambition, technological dominance, and geopolitical competition. The legal
architecture that governs this domain, The Outer Space Treaty (1967) and its
companion instruments was drafted in an era that could not anticipate the
twenty-first century’s exponential rise in private actors, dual-use
technologies, and market-driven exploitation. The growing militarisation of
orbit, unregulated satellite constellations, and commercial resource extraction
have exposed the inadequacies of the existing treaty framework and the
fragmentation of national regulatory regimes.
This paper develops the normative case that outer
space represents "humanity's second commons, necessitating a global
regulatory authority, GRA, analogous yet different from structures like the IMO
and ITU. It first places the theoretical underpinning of a "second commons"
within classical theories of global commons and cosmopolitan justice,
underpinned by Grotius's mare liberum, Ostrom's collective governance model,
and Rawlsian fairness. Subsequently, it addresses institutional and legal
insufficiencies of the existing regime, evaluating the gap existing between
aspirational non-appropriation and practical assertions of sovereignty. It
concludes by proposing an institutional model for a GSA with legislative,
monitoring, and adjudicatory functions undergirded by inclusive multilateralism
and technological equity.
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