The Future of Frontiers

Polycentric Governance in Global Affairs: The Case of Space Governance

(A Study on the Governance of the Global Commons)

Governance of the Global Commons: The Deep Seabed, the Antarctic, Outer Space

In recent years, more attention has been drawn to the use and regulation of the outer space as a ‘global common’.This article looks at the high seas as a global common and compares it to the outer space. It argues that the value of the common heritage ofmankind (CHM)principle is driven by financial and technological capacities, rather than the concept of the commons. It further argues that over-reliance on the application of the benefit-sharing principle will result in African States playing a dormant role in its development. The article finds that to enjoy the ‘spoils’ of the commons, African States must invest financially and technologically. The authors recommend that African States must position themselves to expeditiously invest in the space industry and adopt space-oriented policies to harness the full benefit of outer space. global commons, common heritage regime, high seas, outer space, Africa

The emergence of technology-facilitated violence and abuse (TFVA) has led to calls for increased collaboration across and among sectors. Growing recognition of the need for multistakeholder collaboration (MSC) between industry, civil society, government, and academia reflects the number of moving parts involved, the need for specialized knowledge and skills in relation to certain issues, and the importance of recognizing the ways in which interlocking systems of subordination can lead to very different experiences with and impressions of social justice issues (Crenshaw, 1991). Numerous financial, professional, and personal factors incentivize MSC. Notwithstanding growing opportunities and incentives for TFVA-related MSC, collaborative efforts bring with them their own set of challenges. This chapter integrates elements of the literature on MSC, particularly those focusing on risks, benefits, and ways forward, with excerpts from a dialogue between an academic and community organization leader who are collaborating on a research partnership encompassing TFVA against young Canadians.

Governance of the Global Commons: The Deep Seabed, the Antarctic, Outer Space

Commons, Global (Economic) Governance and Democracy: Which Way Forward for International Law?

The “common heritage of mankind” (CHM), sometimes also called the common heritage of humankind or humanity, compared with age-old concepts such as res nullius and res communis, is of relatively recent origin. It represents the notion that certain global commons or elements regarded as beneficial to humanity as a whole should not be unilaterally exploited by individual states or their nationals, nor by corporations or other entities, but rather should be exploited under some sort of international arrangement or regime for the benefit of mankind as a whole. Although there is some debate as to the actual origin of the concept of CHM, there is no doubt that the concept actually assumed prominence after the speech of Arvid Pardo, the Maltese ambassador to the United Nations, delivered at the United Nations General Assembly in November 1967, calling for the deep seabed beyond national jurisdiction and the resources contained therein to be declared the common heritage of mankind. This speech, which provided the most comprehensive and properly articulated proposal on the concept, was motivated by reports of rich resources in this part of the sea, and by the possibility that the rich states with the technology to do so would unilaterally exploit the resources to the exclusion of poorer states. There have been debates on whether this concept is a legal one or merely a political or moral idea. Further, there have been disputes as to whether it connotes communal ownership or merely joint management of global commons that are held to be CHM. Initially, the concept was associated solely with the law of the sea, but it has since been expanded to other domains, such as outer space and the Moon, Antarctica, human rights, human genomes, and plant genetic resources.

Toward Cyber Peace: Managing Cyber Attacks Through Polycentric Governance

The idea of the revival and repurpose for the United Nations Trusteeship Council (UNTC) is pragmatic one to meet the needs of the changed times. Such repurpose entails entrustment of a new mandate to the revived UNTC that constitutes evolution of the trust in the global domain. It will be crucial restructuring and evolution of the UN with an understanding that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing for our better future. In a new avatar (form), the TC would in essence reflect the ‘sacred trust’ with a ‘new mandate.’ From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN and provide a big push to make the UN relevant for the needs of the present and future generations. It will essentially serve as a guardian of the global ‘common concerns’, ‘common heritage of mankind’ and the global environment. In the changed context, the UNTC need to serve as a trustee for betterment of the humankind and for the survival of the planet earth. The new mandate for the environment and the global commons could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together in 1945 with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”.

Reviving the United Nations Trusteeship Council (UNTC) and the evolution of the idea of trust in the global domain underscores that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing. The TC under the UN Charter sought to continue the spirit and essence of the ‘sacred trust’ with a ‘new mandate,’ even as it now lies dormant since 1994. From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN. It will essentially serve as a guardian of the global ‘common concerns’ and ‘common heritage of mankind’ as well as the global environment. It would serve as a trustee for the present and future generations of humankind. A revived TC with a new mandate (for the environment and the global commons) could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together (in 1945) with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”

The idea of the revival and repurpose for the United Nations Trusteeship Council (UNTC) is pragmatic one to meet the needs of the changed times. Such repurpose entails entrustment of a new mandate to the revived UNTC that constitutes evolution of the trust in the global domain. It will be crucial restructuring and evolution of the UN with an understanding that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing for our better future. In a new avatar (form), the TC would in essence reflect the ‘sacred trust’ with a ‘new mandate.’ From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN and provide a big push to make the UN relevant for the needs of the present and future generations. It will essentially serve as a guardian of the global ‘common concerns’, ‘common heritage of mankind’ and the global environment. In the changed context, the UNTC need to serve as a trustee for betterment of the humankind and for the survival of the planet earth. The new mandate for the environment and the global commons could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together in 1945 with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”.

Reviving the United Nations Trusteeship Council (UNTC) and the evolution of the idea of trust in the global domain underscores that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing. The TC under the UN Charter sought to continue the spirit and essence of the ‘sacred trust’ with a ‘new mandate,’ even as it now lies dormant since 1994. From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN. It will essentially serve as a guardian of the global ‘common concerns’ and ‘common heritage of mankind’ as well as the global environment. It would serve as a trustee for the present and future generations of humankind. A revived TC with a new mandate (for the environment and the global commons) could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together (in 1945) with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”

The objective of the common rights regime is to benefit humanity, although the phrase is not codified in any treaty pertaining to outer space law. It can be derived from the principles codified under these treaties. The common rights regime assumes significance in contemporary times because of the increased capabilities of States and private actors to exploit space resources. Parallelly, jus cogens norm provides a moral dimension to international law and can influence the space law regime. This paper evaluates the interaction between the common rights regime and jus cogens norms. Accordingly, the author has split this write-up into three portions; the first part discusses the advent of a common rights regime in outer space law, the second segment evaluates whether some elements of this regime have achieved the status of jus cogens, and the final portion segues into the findings and conclusion. For this research, the author has delimited the elements of the regime to peaceful use of outer space, non-appropriation and Common Heritage of Mankind (CHM). Keywords: CHM – Common rights regime – General Assembly – Jus Cogens – Outer Space Treaty

The demographics of the Internet will experience significant changes in the near future. The developed countries are maximizing the number of citizens connected to the network while the developing countries, with the majority of the global population, increase their presence as the information technologies become more accessible. Leaders from the developed countries advocate the preservation of existing governance organizations regulating the network, such as the Internet Corporation for Assigned Names and Numbers (ICANN), on the basis of stability and security. New generations of Internet users are demanding new structures based on transparency, participation, accountability and legitimacy. In the absence of new agreements, uncoordinated changes to the existing governance structure could potentially affect the technical structure of the network and its functionality. Employing a Bayesian Belief Network model, this chapter analyzes the correlation between demographics, socio-economic factors and the feasibility of changes to the existing Internet governance structure. Favorable change conditions could initiate changes that could impact all Internet users. Results demonstrate that even when conditions for radical changes that could fragment the network are not present within the timeframe evaluated, conditions in support of changes increase with time, validating a need to modify the existing governance structure.