Pave Outer Space and Put Up A Parking Lot: Lagrange Points Should Be the Common Heritage of Mankind

Outer space offers a vast array of opportunities, with different locations or regions available for exploitation by diverse users for a growing variety of satellite functions. But not all sectors of space are equally valuable for all applications, and the most desirable venues can become crowded, affording a premium for those who gain access first and impeding the development of a fair and efficient all-inclusive international legal regime. This article focuses on Lagrange points, a finite series of special locations in space where the gravitational forces from a pair of large celestial bodies interact in unusual ways. These points afford unique advantages for human-made space objects to loiter indefinitely with minimal expenditure of propulsive energy. Lagrange points constitute a scarce resource that is just beginning to be occupied; existing international law is inadequate for optimal governance of their future occupation and use. This article proposes that the Lagrange points should be regarded as “the common heritage of mankind.” That structure has been applied—with intense controversy—in other domains, even though it remains imprecisely defined. The article offers a more comprehensive understanding of the concept, a portrait of how it could be applied to Lagrange points, and an argument in favor of that resolution.