Logo
International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 7, ISSUE 4 (2025)
Humanity's second commons: A global regulatory authority for the governance of outer space
Authors
Annie Wilson, Dr. V R Dinkar
Abstract

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.

India’s emerging space policy and its 2023 Space Policy framework provide an illustrative case of how developing nations can contribute to, and benefit from, a reimagined system of global governance. Balancing theoretical reasoning with pragmatic policy design, the article contends that humanity’s future in space must transcend the logic of competition and embody stewardship, sustainability, and shared destiny, principles that only a coordinated, legally empowered global regulator can ensure.
Download
Pages:100-102
How to cite this article:
Annie Wilson, Dr. V R Dinkar "Humanity's second commons: A global regulatory authority for the governance of outer space". International Journal of Law, Policy and Social Review, Vol 7, Issue 4, 2025, Pages 100-102
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.