The Legal Regime of the Global Commons: An Examination of the High Seas and Outer Space in Africa

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.