The Future of Frontiers

72 Pages Posted: 30 Jan 2019 Last revised: 28 Mar 2019

See all articles by Scott Shackelford

Scott Shackelford

Indiana University - Kelley School of Business - Department of Business Law; Harvard Kennedy School Belfer Center for Science & International Affairs; Center for Applied Cybersecurity Research; Stanford Center for Internet and Society; Stanford Law School

Date Written: January 18, 2019

Abstract

Many leading environmental and security concerns now facing the international community may be traced to the frontiers, that is, the areas historically outside of national jurisdiction including the deep seabed, outer space, Antarctica, the atmosphere, and some argue, cyberspace. From climate change and cyber attacks to the associated challenges of space weaponization and orbital debris mitigation, solutions to all of these issues have at their root some form of regulation over the frontiers, sometimes — though not always accurately — called the “global commons.” Yet the amorphous legal concept of the common heritage of mankind (CHM) that has in part governed some of these spaces since the 1960s is increasingly under stress. Governance is transitioning away from consensual United Nations-centered multilateral treaties to regional and bilateral accords. These burgeoning regime complexes are being influenced by the multipolar state of international relations, advancing technology, and resource scarcity. Environmental and security challenges are proliferating as a result of governance being in flux. This Article makes an original contribution by comparing and contrasting some of the principal issues facing these frontiers of the international community, analyzing how and why existing governance structures are often failing to adequately meet global collective action problems with special coverage on cybersecurity and Internet governance, and proposing a new way forward incorporating lessons from successful regimes as well as the interdisciplinary scholarship on polycentric governance. Multi-stakeholder collaboration is imperative in order to avoid tragedies of the global commons. But this requires recognizing the realities of international relations and crafting nimble twenty-first century governance structures that are both responsive to the titanic geopolitical and technological changes underway, and that promote sustainable development and cyber peace.

Keywords: Cybersecurity, Internet Governance, Global Commons, Frontiers, Common Heritage of Mankind, Polycentric

Suggested Citation

Shackelford, Scott J., The Future of Frontiers (January 18, 2019). Lewis & Clark Law Review, 2019; Kelley School of Business Research Paper No. 19-12. Available at SSRN: https://ssrn.com/abstract=3318521 or http://dx.doi.org/10.2139/ssrn.3318521

Scott J. Shackelford (Contact Author)

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Harvard Kennedy School Belfer Center for Science & International Affairs ( email )

79 JFK Street
Cambridge, MA 02138
United States

Center for Applied Cybersecurity Research ( email )

Wylie Hall 105
100 South Woodlawn
Bloomington, IN 47405
United States

Stanford Center for Internet and Society ( email )

Palo Alto, CA
United States

Stanford Law School ( email )

Stanford, CA 94305
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
70
Abstract Views
294
rank
324,939
PlumX Metrics