Outer Space Governance and the Maritime Context

This chapter contrasts the governance of the maritime and outer space sectors from which much can be learned and potential future developments considered. Both are ‘commons’ with the characteristics that this implies including the difficulties of defining borders, responsibilities and ownership. Without clear agreement on these issues, the design of effective governance is very complex and at times almost impossible and is reflected in examples given from the maritime sector of the Suez and Panama Canals, the world oceans and the deep-sea bed, and contrasted to other examples including the atmosphere and Antarctica. The problems facing the maritime sector—state-centrism, institutional constipation, shipowner domination and inflexibility and stagnation—are apparent in outer space as well. Failures of global institutions such as the UN to provide effective governance for both sectors are clear. Freedom of the seas, the role of hard and soft law, the inadequacy of treaties for maritime and outer space, the importance of power relationships, borders and boundaries, ethical and geopolitical considerations and the role of hegemony are discussed along with piracy, sovereignty and colonisation. The World Lakes Model is outlined, along with territoriality, state surveillance, regulation, privatisation and common pool resources and the importance of interest groups.