Legal Definitions - res communes

res communes

Res communes refers to things that are considered common to all people and cannot be exclusively owned or appropriated by any single individual, organization, or nation. These are typically resources or elements of nature that are fundamental to human existence or universally available, existing outside the scope of private property rights.

Here are some examples illustrating this concept:

• Outer Space: Imagine a private company launching a satellite into orbit. While the satellite itself is owned by the company, the vast expanse of outer space through which it travels, beyond Earth's atmosphere and national airspaces, is considered res communes. No country or private entity can claim exclusive ownership over outer space itself. International treaties, like the Outer Space Treaty, reflect the principle that space is to be explored and used for the benefit of all humanity, preventing any single entity from appropriating it.
• The Deep Seabed: Consider the vast ocean floor in international waters, far beyond any country's territorial claims or exclusive economic zones. This area, known as the deep seabed, contains valuable mineral resources. Under international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), the deep seabed and its resources are designated as the "common heritage of mankind." This means they cannot be unilaterally claimed or owned by any single nation or private entity, embodying the concept of res communes.
• Antarctica: Picture the continent of Antarctica, a landmass larger than Europe, covered in ice and home to unique ecosystems. Despite historical claims by several nations, the Antarctic Treaty System effectively designates Antarctica as a continent reserved for peaceful scientific research, prohibiting military activity and new territorial claims. While not strictly "unownable" in the same way as air, its governance structure prevents exclusive appropriation by any single entity, treating it as a global commons for the benefit of all nations and scientific endeavor, making it a strong practical example of a resource managed as res communes.