Abstract

On September 22, 2022, the world’s first transaction on space resources took place, highlighting the need for an international space mining regime. Although outer space is often considered global commons, there is a concern that the commons governance regime may hinder the commercial use of space resources. The current research does not provide an in-depth analysis of the incentive mechanism under the global commons governance regime, let alone the economic incentive mechanism. This paper explores how to construct the channels for accessing economic benefits in the commons governance regime of space resources. The channels will constitute a critical incentive mechanism for the regime, and they should conform to two principles closely related to the commons and incentives: the common benefit principle contained in international law and the 2B principle proposed by Ostrom. This paper summarizes the basic types of channels and their combinations and finds that the channels and their combinations in previous studies and the latest international instruments do not fully meet the requirements of the two principles. Based on the principles, this paper puts forward a new proposal, which integrates four existing channels and one new channel. Compared with previous research, the proposal suggested in this article has advantages in the following aspects: promoting the realization of the two principles, incentivizing diverse countries to accept commons governance of space resources, and encouraging space cooperation between spacefaring nations and non-spacefaring nations.

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