How We Can Rethink Space Governance and Safeguard the Global Commons in the 21st Century

The idea of a global commons refers to areas beyond national jurisdiction, accessible for the collective use of all nations. In the context of space, this principle asserts that outer space, which includes celestial bodies like the Moon and Mars, should be open for peaceful exploration and use, free from appropriation or militarisation by any single actor.

The Outer Space Treaty (OST) codified this notion, thereby prohibiting national claims to space and emphasising its use for peaceful purposes. However, as space activities continue to evolve, this framework has faced significant challenges.

The rise of commercial enterprises such as SpaceX, Blue Origin and Virgin Galactic has introduced new complexities. Private companies are developing reusable rockets, launching satellite mega-constellations and exploring space tourism and resource extraction, raising questions about ownership, regulation and equitable access.

Additionally, the emergence of new space powers like China and India alongside established players like the US and Russia complicates governance.

These developments necessitate a reevaluation of how we define and manage space as a global commons to ensure it remains a shared resource for all.

The militarisation of space is a growing concern, as nations develop technologies that could transform space into a battlefield. While the OST prohibits nuclear weapons in orbit and military bases on celestial bodies, it does not address conventional weapons or the use of space for military purposes.

The development of anti-satellite (ASAT) weapons, demonstrated by China’s 2007 test that destroyed a satellite and created thousands of debris fragments, underscores the risks of weaponising space.

India also conducted an ASAT test in 2019, but there can be no comparison of China's space capabilities with those of India. India of course is a part of the same space race but is far behind China.

Other nations, including the US and Russia, have also developed ASAT capabilities, raising the spectre of space-based conflicts. Such activities threaten civilian satellites, space infrastructure and international security.

The resulting space debris exacerbates these risks, as collisions could trigger a cascade effect that produces an exponentially increasing amount of debris, known as the Kessler syndrome, which could render low-Earth orbit unusable.

Addressing these threats requires a new treaty to regulate space-based weapons, promote demilitarisation and establish protocols for conflict prevention. This treaty must involve all space-faring nations and address the role of private actors, who may also contribute to space security through satellite operations and data services.

The United Nations Office for Outer Space Affairs (UNOOSA) plays a vital role in promoting the peaceful use of space and fostering international cooperation. UNOOSA facilitates transparency, confidence-building measures and the development of legal frameworks. However, its lack of enforcement mechanisms limits its effectiveness.

As space activities become more complex, stronger international institutions are needed to regulate both governmental and private actors.

A reformed UNOOSA or a new global space governance body could oversee compliance with treaties, manage orbital slots and regulate resource extraction. Such an institution would need to balance the interests of established powers, emerging nations and private companies while ensuring equitable access to space.

Critics argue that space is already militarised, and that with the breakdown of terrestrial arms control regimes, we can’t expect the world to negotiate an outer space one. However, the point to remember is that space has been militarised since the early 1960s, even before any treaty on outer space existed. In fact, increasing space militarisation and the prospective threats posed by it ultimately led to the OST being formalised in 1967.

Indeed, pointing to a breakdown in terrestrial arms control regimes provides even more reason to write and advocate on this issue, so that the world comes closer to negotiating on outer space governance keeping in mind lessons learned from gaps in arms treaties on earth.

The need for new legal frameworks

The OST’s limitations are evident in its inability to address modern challenges like space resource utilisation, satellite proliferation and debris management. A ‘Space Resources Utilisation Treaty’ could regulate mining activities, ensuring sustainability and equitable distribution of benefits. Similarly, guidelines for satellite constellations could mitigate orbital congestion and debris risks.

International cooperation is critical to developing these frameworks. The Artemis Accords, while a step toward clarifying lunar exploration rules, highlight the need for broader, multilateral agreements that include all space-faring nations. The accords demonstrate the limitations of a framework that doesn't include all space-faring nations, thereby risking the potential for fragmentation in international  space law. Without such frameworks, unilateral actions risk fragmenting the global commons.

Recommendations for future governance

To safeguard space as a global commons, the following reforms are essential:

• Updating and revising the OST to address resource utilisation, private sector roles and debris management
• Establishing a ‘Global Space Licensing Authority’: Creating a body to regulate government and private activities, ensuring sustainability and safety
• Developing a ‘Space Security Treaty’: Banning space-based weapons and establishing protocols to prevent conflicts
• Promoting space equity: Implementing programs to ensure developing nations have access to space technologies and benefits

Conclusion

As humanity ventures further into space, the governance structures that have guided exploration for decades must evolve. The rise of private companies, emerging space powers and militarisation risks demand updated treaties, stronger institutions and a commitment to equitable access.

By addressing these challenges, the global community can ensure that space remains a peaceful, accessible domain for the benefit of all, preserving its status as a global commons for generations to come.

Martand Jha is a freelance writer and researcher based in Delhi. His PhD was in the area of outer space diplomacy from the School of International Studies at Jawaharlal Nehru University. He is currently doing a research fellowship at the Centre for Air Power Studies. He has been a visiting faculty at the Indian Institute of Mass Communication, New Delhi.

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