The concept of the Global Commons describes resources or geographical areas that lie outside the political jurisdiction of any single nation-state, belonging instead to humanity as a whole. These domains are fundamentally important because they provide essential ecological functions, support global economic activity, and are necessary for the long-term survival and well-being of the international community. Their shared nature requires international cooperation to prevent their overexploitation and ensure their equitable use for present and future generations.
Defining the Global Commons Concept
The Global Commons is a legal and political designation rooted in Roman law, specifically the idea of res communis. This term signifies “community property,” meaning the resource is shared by all and cannot be legally appropriated by any single entity or state. This contrasts with res nullius, which describes something belonging to “nobody” and open to appropriation. Classifying a resource as a global common establishes shared ownership and collective responsibility for its stewardship among all nations. This necessitates international agreements and governance frameworks to manage access, use, and conservation.
The Traditional Physical Domains
The most recognized examples of the Global Commons are vast physical domains governed by established international treaties. The High Seas, defined as all parts of the sea not included in the Exclusive Economic Zone (EEZ) of any coastal state, cover approximately two-thirds of the world’s ocean surface. These waters are governed by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS guarantees freedom of navigation and overflight, but also mandates the conservation of living resources. The Biodiversity Beyond National Jurisdiction (BBNJ) Treaty provides a framework to establish marine protected areas on the High Seas, moving governance toward greater conservation.
Antarctica represents a unique continental global common, reserved exclusively for peaceful purposes and scientific investigation under the 1959 Antarctic Treaty System (ATS). The ATS successfully “froze” territorial claims and prohibited military activity south of 60° South latitude. The 1991 Protocol on Environmental Protection to the Antarctic Treaty, or Madrid Protocol, designated the entire area as a natural reserve. This protocol placed a comprehensive, indefinite ban on all mineral resource activities, protecting its pristine environment.
Outer Space, including the Moon and other celestial bodies, is similarly designated as the province of all mankind by the 1967 Outer Space Treaty (OST). This treaty prevents national appropriation by any means, ensuring that space exploration and use are conducted for the benefit of all countries. While the OST allows for the use of space resources, the core principle of non-appropriation prohibits any state from claiming sovereignty over celestial bodies. These three domains represent the classic application of the Global Commons concept, where the lack of national jurisdiction led to the formation of international governing regimes.
The Atmospheric Commons
The Earth’s atmosphere is a global common defined by its function as a shared environmental system that physically surrounds the planet. It serves as a collective “sink” for airborne pollutants, meaning all nations share the burden of the resulting environmental degradation. The atmosphere’s primary role is regulating global climate, a function severely impacted by the accumulation of greenhouse gases from human activity.
This shared vulnerability has driven international efforts to manage the common resource, most notably through the United Nations Framework Convention on Climate Change and the Paris Agreement. The challenge in governing the atmospheric commons is not territorial control, but managing shared resource use, specifically the capacity of the atmosphere to absorb pollution. Effective management requires an equitable sharing of the remaining capacity for emissions, a concept central to global climate change negotiations.
Emerging Global Commons
New domains have emerged as candidates for the Global Commons designation, driven by technological advancement and global interconnectedness. Cyberspace, encompassing the internet and underlying digital infrastructure, is a man-made domain that transcends physical borders and national sovereignty. It has become a resource for global commerce, communication, and governance. Its lack of a comprehensive international legal framework makes it vulnerable to fragmentation and malicious use.
Another emerging area is Global Health and Genetic Resources, particularly Marine Genetic Resources (MGRs) found in areas beyond national jurisdiction (ABNJ). These resources hold potential for pharmaceutical and industrial development, leading to debates over the fair sharing of benefits derived from their commercialization. Crop genetic resources, which form the basis of global food security, are also viewed as a shared asset requiring cooperative management under international agreements. These newer domains lack the historical legal clarity of the traditional commons, posing complex questions about shared benefits, security, and access.