Is Space a Global Commons?
As space activities become increasingly diverse, commercial, and congested, the question of how we manage this shared domain grows more urgent. In this report, Daniel Patton investigates whether space should be treated as a global commons, what that designation means legally and economically, and what models might ensure sustainable use over time.
The brief covers:
- Definitions and theories of global commons, CPRs (common pool resources), and rivalrous/excludable domains
- Comparative analysis of terrestrial commons (oceans, atmosphere, Antarctica) and their governance frameworks
- A breakdown of space subdomains—LEO, GEO, celestial bodies, interplanetary space—and their unique legal/economic traits
- Application of Elinor Ostrom’s eight principles for commons management to current space treaties
- Historical treaties and declarations governing outer space, including the Outer Space Treaty, Moon Agreement, and the Bogota Declaration
The report emphasizes that space is not a single resource, but a collection of distinct domains, each with its own pressures and potential for overuse. It warns of institutional fragility in current space governance and makes the case for dynamic, hybrid approaches that combine treaty law, cooperative agreements, and new legal models such as granting legal personhood to domains (inspired by New Zealand’s Te Urewera Act).
Key takeaways:
- Not all parts of space are commons by nature, but they may become legal commons through collective agreement.
- Commons governance is possible—but difficult—in domains with powerful stakeholders and unequal access.
- Proactive institutional design is essential to avoid a “tragedy of the commons” in Earth orbit and beyond.
Includes visual models of domain rivalry/excludability (p. 6), treaty analysis tables, and a policy roadmap for improved governance.
References more than 60 legal and scientific sources, including UNCLOS, Montreal Protocol, and Ostrom’s “Governing the Commons.”
