By Gloria Oluchukwu Igalawuye
Abstract
Resources beyond national jurisdiction represent global commons and are regarded as the universal heritage of humankind. However these resources face growing pressures from the economic interests of resource-rich nations. The central objective of this study is to critically analyse how key international treaties and foundational
legal principles, particularly the United Nations Convention on the Law of the Sea (UNCLOS), the Outer Space Treaty, and the Antarctic Treaty System (ATS) along with its Environmental Protocol, navigate the complex challenge of managing resource exploitation while ensuring robust environmental protection. The methodology employed for this study is doctrinal, utilizing a comparative analysis of international legal regimes governing resources beyond national jurisdiction, incorporating statutory interpretation, case law review, scholarly discourse, and institutional frameworks, to critically assess regulatory effectiveness, normative principles, and governance challenges across the deep-sea bed, high seas, outer space, and Antarctic regions. The findings of this study underscore that international frameworks are fundamentally designed to promote the sustainable management of global commons. Deep seabed mining activities fall under the regulatory purview of the International Seabed Authority (ISA). The exploration of outer space is guided by the principles enshrined in the Outer Space Treaty, while Antarctica benefits from the comprehensive protective measures of the ATS and its associated Environmental Protocol.Consequently, this study advocates for sustained international cooperation
and strict adherence to established legal frameworks to effectively balance resource utilization with the imperative of environmental stewardship, ensuring the preservation of these global commons for the benefit of all humanity.