Outer space as a global commons and the role of space law

Abstract

In space law as in space policy, words matter. By legally classifying outer space as a global commons, relevant political consequences, both national and international, naturally ensue. In order to properly understand the nuances and avoid misconceptions, one should revisit principles of international law. Centuries of customs, often based on Roman law concepts, have led to important regulations and definitions. The proper evaluation of those concepts may illuminate the path forwards. Global Commons ConceptLegally defining "global commons" has proved to be a challenge, leading to incompatible views. Global commons are socially constructed, as explained by John Vogler, being determined by "shifts in human knowledge, capability and perceptions of scarcity" (Vogler, 2012, p. 61). As a legal concept, its roots may