The enduring relevance of the common heritage of humankind principle in the space age: perspectives from Africa and beyond

Abstract

The rapid advancement of space activities and the intensifying commercialization of space resources have brought into sharp focus the need to revisit and reinforce the Common Heritage of Humankind (CHH) principle, enshrined in the foundational treaties of space law. This dissertation examines African perspectives on the reforms needed to operationalize an inclusive and equitable CHH regime for space exploration and resource utilization. Through a comprehensive analysis of legal frameworks, governance proposals, benefit-sharing mechanisms, capacity-building initiatives, and the integration of indigenous worldviews, this research charts a path towards a reinforced CHH regime that addresses contemporary challenges and promotes sustainable, inclusive space development. Drawing upon African advocacy efforts, regional cooperation initiatives, and scholarly discourse, the study highlights the pivotal role that African nations can play in shaping the global agenda for equitable space governance. Key findings underscore the inadequacy of scholarly work and legislation to address key issues in resource utilisation, and the urgent need for legal reforms. These include the development of a Comprehensive Convention on Space Resources and the establishment of an International Space Resources Authority (ISRA) to oversee compliance and regulate space resource activities. Additionally, the research proposes strategies for expertise and knowledge transfer, the promotion of joint ventures and collaborations, and the integration of indigenous resource management principles such as Ubuntu. The study also emphasizes the importance of complementary measures, including robust environmental protection strategies, economic instruments, and capacity-building programs tailored to the needs of developing nations. Furthermore, it explores the implications of this research for scholarly discourse, diplomatic engagement, and international cooperation, identifying potential areas for future research and avenues for fostering multilateral partnerships. Above all, this dissertation presents a clarion call for collective action, international cooperation, and a renewed commitment to the ideals of equity, sustainability, and shared prosperity enshrined in the CHH principle. By embracing the wisdom of diverse perspectives, fostering global partnerships, and pursuing innovative governance solutions, the international community can collectively forge a future in space that is truly inclusive, and reflective of the aspirations of all humanity.