Why is it so difficult for the international community to agree on the governance of shared global domains? Why do efforts to address climate change constantly fall short? And why do Global Commons provide States with an opportunity to exploit finite resources, but impose few obligations to clean up the mess?
The answers to some of those questions lie in the international frameworks established since WWII to govern « Global Commons » including Antarctica, Outer Space, the Deep Sea Bed, the High Seas, and the atmosphere, which provide freedom of access and use to all States, but few mechanisms for precaution and sustainability. These global commons are protected from claims of national sovereignty, and generally prohibit use of nuclear weapons in these spaces, serving a critical role in disarmament.
This course examines contemporary issues in these 5 Global Commons at the intersection of international law, science, mining, telecommunications, security and defence. Students will learn how to navigate and apply the treaties governing each of the domains to contemporary issues while considering economic and political theory, such as Hardin's « Tragedy of the Commons », intergenerational equity and sustainability. By studying the governance of all 5 domains in the one semester, students gain high-level insight into what governance models work best and where regulatory gaps remain. Solutions are to be found in some domains that might be applied to others. Students have the opportunity to research one specific domain of their choosing for their written paper, and propose new regulation and policy in order to address international challenges. This equips students with the ability to advocate for change and support the global community in realising the benefits of shared international spaces.
Students will develop an understanding of:
- the geopolitical history of the Antarctic Treaty (1959), the Outer Space Treaty (1967), the Sea Bed Treaty (1971) aka the Sea Bed Arms Control Treaty, the High Seas Treaty (2023) aka The Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), and the UN Framework Convention on Climate Change (FCCC)
- the international framework governing activities in each of these 5 Global Commons
- the application of ethics and theory to the governance of Global Commons
- the application of principles in the relevant treaties to real-life case studies
- the political forces shaping EU and international policy in these domains
- the risk to global peace and security from arms races and over exploitation in these domains
Scott MILLWOOD
Séminaire
English
This undergraduate lecture course is designed for students with cross-discipline backgrounds in law, policy, European and international affairs. While there are no pre-requisites, understanding of the basic foundations of international law is highly beneficial.
Spring 2024-2025
Written paper (50% or 10 points on 20-point scale)
Students write a paper relating to a contemporary issue in one of the Global Commons studied during the semester. It should demonstrate the ability to apply key concepts in the treaties governing those spaces to real recent events, and the ability to recommend governance changes to address those challenges. 2000 – 2500 words. Due Week 12.
Mid-semester examination (20% or 4 points)
20 question multiple choice in-class exam in week 7 of which 10 questions relate to a case study. 60min.
Final examination (30% or 6 points)
40 - 50 question multiple choice in-class exam in week 12 relating to case studies and key aspects of governance of the 5 Global Commons studied during the course. 90 minutes.
Attendance is mandatory. Only medically-excused absences are allowed.
Participation: students are expected to actively participate in class and should anticipate questions from the lecturer. This necessarily requires the completion of readings prior to class.
Hobe, S., Schmidt-Tedd, B. & Schrogl, K. (2009) Cologne Commentary on Space Law, Vol. 1 Outer Space Treaty, Carl Heymanns Verlag and Vol. 2 Outer Space Treaties
Hardin, G (1968) The Tragedy of the Commons Science, Vol. 162 (3859), 1243 and Hardin, G. (1998). Extensions of The Tragedy of the Commons. Science, 280(5364), 682–683. https://doi.org/10.1126/science.280.5364.682
The Antarctic Treaty (1959), the Outer Space Treaty (1967), the Sea Bed Treaty (1971) aka the Sea Bed Arms Control Treaty, the High Seas Treaty (2023) aka The Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), and the UN Framework Convention
nternational Space Law: United Nations Instruments (2017 UN Publication) inc. The Outer Space Treaty 1967, free download at UNOOSA in official languages: Arabic, Chinese, English, French, Russian, Spanish: https://www.unoosa.org/res/oosadoc/data/document
Aganaba Jeanty, T. (2016). Space sustainability and the freedom of outer space. Astropolitics, 14(1), 1–19. https://doi.org/10.1080/14777622.2016.1148463
Berkman, P., et al. (2011). President Eisenhower, the Antarctic treaty, and the origin of international spaces. In P. Berkman, M. Lang, & D. Walton (Eds.), Science diplomacy – Antarctica, science, and the governance of international spaces (p. 17, 19). S
Boley, A., & Byers, M. (2021). Satellite mega-constellations create risks in Low Earth Orbit, the atmosphere and on Earth. Scientific Reports, 11, 10642. https://doi.org/10.1038/s41598-021- 89909-7
Byers, M. (2019). Cold, dark, and dangerous: International cooperation in the arctic and space. Polar Record, 55, 32–47. https://doi.org/10.1017/S0032247419000160
Cheek, T., Ownby, D. and Fogel, J (2020) Voices from the Chinese Century: Public International Debate from Contemporary China. Columbia University Press
Hickman, J. (2019). International relations and the second space race between the United States and China. Astropolitics, 17(3), 178–190: https://doi.org/10.1080/14777622.2019.1672507
Rüffin, N. (2020). EU science diplomacy in a contested space of multi-level governance: ambitions, constraints and options for action. Research Policy, 49, 103482. https://doi.org/10.1016/j.respol.2019.103842
von der Dunk, F. (2018). Private property rights and the public interest in exploration of outer space. Biological Theory, 13, 142–151. https://doi.org/10.1007/s13752-017-0271-9
Goehring, J. (2021). Why isn't outer space a global commons? Journal of National Security Law & Policy, 11, 573. https://jnslp.com/2021/06/03/why-isnt-outer-space-a-global-commons/
Weinersmith K. and Z. (2024) A City on Mars: can we settle space, should we settle space, and have we really thought this through? Particular Books / Penguin Books