Reclaiming the commons of the sky: drones and the limits of property law

Abstract

This paper investigates the concept of the commons in the context of the emergence of convenience-based delivery drone networks around the world. It contends that the drone-facilitated commodification of our skies constitutes a modern form of enclosure, facilitated by a legal architecture that centres around questions of ownership. Additionally, and consistent with more traditional land-grabs, expropriation of the sky is supported by its characterisation as a vacant and unused resource. Drawing on historical, doctrinal, and socio-legal perspectives, this paper explores the powerful, countervailing implications of identifying this strategy, and reconceptualising the sky as a commons – for law, governance, and society.