Humanity stands at a crossroads when it comes to deciding the fundamental values that govern outer space. How do we use and share outer space? The space treaties concluded in the 1960s and 1970s provided an initial framework for the governance of outer space, but were never intended to be the end of the discussion. Through the lens of the global commons, this work undertakes a critical legal analysis of international space law. It does so by examining two developments that challenge the framework set out in the space treaties: (1) the deterioration of near-Earth space through growing use and the proliferation of space debris; and (2) the return to the Moon to use and exploit lunar resources. It argues powerful states–driven by capital and national security interests–have successfully enshrined and maintained the freedom of use as the fundamental norm governing activities in outer space. Therefore, outer space is constructed as an inclusive, negative global commons (i.e., no one’s), which brings about unsustainable use and inequity. In pursuit of equitable and sustainable outer space governance, this work calls for concrete strategies to counteract the influence of powerful states on the international legal order. It also seeks to develop a more radical approach–based on outer space as an inclusive, positive global commons (i.e., everyone’s), theories of global democracy, and theories of global justice–to realise sustainable and equitable space governance. Ultimately, the current struggle over the governance of near-Earth space and the Moon will shape whether the great prospects opened up by humanity’s further advance into outer space will benefit all or just a few.
Dr. Vincent Seffinga was most recently a researcher at the Department of Philosophy, Classics, and History of Art and Ideas (IFIKK) at the University of Oslo, where he worked within the ‘Dynamic Territory’ project. His research focuses on critical approaches to public international law, in particular in the areas of the global commons, international space law, and law and technology. Vincent obtained his Ph.D. from the European University Institute (EUI) in Florence, Italy in 2024. His thesis, titled ‘(Un)avoidable Tragedy: The Difficulty in Realising Outer Space Governance’, examined the structural issues inhibiting equitable and sustainable space governance. Vincent also worked at the European Space Policy Institute (ESPI), where he co-authored (with Annette Froehlich) the books National Space Legislation: A Comparative and Evaluative Analysis (Springer 2018) and The United Nations and Space Security: Conflicting Mandates between UNCOPUOS and the CD (Springer 2020).