The Outer Space Treaty (OST) enshrined the principle that outer space is the province of all humankind, establishing the domain as one beyond the reach of national appropriation and sovereignty. However, this situation fails to address the impact of satellite infrastructure on both the territorial configuration of States and their capacity to offer a site of justice for their citizens. By allowing private entities to occupy Low Earth Orbit (LEO) and exercise de facto control over a State’s basic structure, the current orbital regime enables unaccountable private power to bypass the institutional shell of the State. This creates a “sovereignty gap” where entities external to a State can unilaterally disrupt the critical functions necessary for the survival of sovereign institutions. I argue that because the basic structure now depends for its functioning on satellites, sovereignty must be extended vertically. Such an extension is necessary to protect the territorial integrity of States and to ensure that they maintain the capacity to offer a site of justice that protects the equality and autonomy of citizens. Consequently, we ought to nationalize the province of humankind.
Santiago Vrech holds a BA and an MA in Philosophy from the Universidad Nacional de Córdoba and Utrecht University, respectively. He is currently a PhD candidate at Utrecht University (UU). In his PhD project, Santi investigates the ethics and political aspects of the so-called ‘new space’ revolution with a particular focus on issues of justice and property.