The international legal regime of outer space between Res Communis and Res Nullius

Abstract

The publication is devoted to the issue of the international legal regime of outer space. The author attempts to determine the optimal model of international legal regulation for relations regarding the utilization of outer space and its resources. The basic international legal regimes applied to areas outside the exclusive national jurisdiction are studied. The main attention is paid to the regimes of res nullius, res communis, and the principle of the common heritage of mankind. The current international legal regulation of outer space exploration and utilization activities is analyzed through the prism of these regimes, as well as in the context of the category of global commons, which often includes outer space. It is emphasized that the mentioned category, although widely used in modern scientific legal discourse, is not clearly defined. Given that the concept of public goods has received a special development in economic theory, it is proposed to take into account the economic properties of such goods in developing regimes for their legal regulation. The peculiarities and complexity of outer space utilization relations as an object of legal regulation are identified. In this regard, a comprehensive and complex international legal regime that combines elements of res nullius, res communis, and the common heritage of mankind in relation to the objects of outer space with different natural and, consequently, economic properties should be elaborated. In addition, the latest trends in national and international law-making related to the formation of a legal regime for the extraction of celestial bodies resources and the commercialization of these activities are analyzed. Their influence on the international legal regime of outer space and tendencies of its future evolution is determined. The importance of a balanced national approach to a new legal regulation of space resources commercial development is emphasized.