International Law Property Rights Space Resources Analysis Book Report

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Securing Freedom in the Global Commons: The Model of the High Seas and Property Rights in Outer Space

Introduction


Land rights and air rights are commonly agreed upon concepts, but when it comes to the high seas and outer space, disputes have arisen about where one state’s rights begin and another’s end. This paper addresses the notion that “As the model of the high seas suggests, there is nothing unusual or unlawful about the assertion of property rights in relation to outer space resources”. The position of this paper is that the model of the high seas is idealistic in essence, as the sea lanes are a major subject of national security for powerful states. The same goes for outer space rights. In addition, the idea that “in time of peace” the high seas are open to all nations (freedom of the seas) is problematic because when can one point to a “time of peace” in a universal, global sense? Even when war is not specifically declared by one nation against another, proxy wars go on, economic wars in the form of sanctions are waged, and disputes over territorial rights persist. The model of the high seas is really an example of empire inscribing colonization into international law under the guise of securing freedom in the global commons—for it is might that “makes right” in the international order. But if the model of the high seas is not applied, what should the law look like? Should every sovereign nation be allowed to have property rights in outer space, just as it has land, air, and sea rights with respect to its borders? This does not provide a practical or equitable solution to the issue…

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…used as well. It worked in the past during the Age of Faith; would it work today in an Age of Science, in which nature replaces God as something more important than any human ambitions? Perhaps it could, but in the end the spirit of the law would have to be acknowledged and enforced judicially, as it is the spirit of law that states often seek to evade through legalistic interpretations.

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Legalism is not something that is likely to ever be completely eradicated, but by adopting a rights of nature based model for international law, the problem of outer space claims could be addressed more adeptly than would be the case if the model of the high seas were applied to this situation.

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