This study examines two ongoing developments in outer space: the deterioration of near-Earth space through increasing use, increasing complexity, and the proliferation of space debris; and the return to the Moon to use, exploit, and extract lunar resources.
The issues arising from these developments – from environmental tragedy and competition over resources to conflict and the (re-)production of socio-economic inequality – raise the question whether governance can be realised that addresses these developments. Employing a critical legal approach and building on (global) commons scholarship, this study asserts that powerful states, particularly the US, impede the development of outer space governance that is egalitarian and addresses the unsustainable use of outer space. Rather, these states – driven by capital and national security interests – entrench and maintain the norm that brings about inegalitarianism and unsustainable use: the unfettered freedom of use. Although there are approaches that seek to counter the influence of powerful states on the international legal order, they are unlikely to succeed in light of the structural issues posed by capital and national security interests, the uniquely dominant position of the US (especially in outer space), and the lack of bargaining power of weaker states. Revealing these structural issues contributes not just to thinking about outer space governance but also to thinking on the global commons more broadly.