This article has been written by Mr. P. Rohit a 3rd year student of Damodaram Sanjivayya National Law University, Visakhapatnam.
ABSTRACT
After being the sole purview of government space agencies, space exploration has undergone a paradigm change due to the emergence of commercial companies and the conversation around human colonization of celestial bodies.
The Outer Space Treaty, which is considered the cornerstone of space law, establishes the fundamental rules that regulate activity in outer space. It is mute on the subject of citizenship, even while it stresses the freedom of exploration and usage for all governments and forbids national acquisition of celestial bodies.
It is important to have conversations on the legal standing of people living in future space colonies. One thing to think about is if these colonies would have their own legal systems or if they would be seen as extensions of the founding states, subject to the application of earthly laws. The dynamic character of space exploration, in conjunction with the prospect of upcoming colonies, might expose deficiencies in the current international space legislation. Issues like property rights, citizenship, and government in space colonies are expected to present difficulties that the existing legal systems would not be able to sufficiently handle.
Human rights and ethical ramifications in space exploration and colonization are equally important to consider, in addition to legal issues. In order to protect people’s rights, welfare, and dignity in space, particularly in future colonies, a strong ethical framework that goes beyond current legal frameworks is necessary.
INTRODUCTION
Leading the charge to create regulations governing space colonies is in the best interests of all nations, but particularly those in the first world. There is a vacuum in international law. Rather than being a barrier, this framework gap should be seen as an opportunity. Leading the way in the development of technology that allow people to live and work in space is the commercial sector. According to international law, the nations are obligated to keep an eye on these actions when their citizens are involved. The nations ought to adopt laws and regulations that both direct and support these actions, as opposed to merely monitoring them passively. The long-term objective of the US space program is to increase the permanent human population outside of low-Earth orbit in a fashion that will facilitate habitation and a robust space economy. The greatest ways to do this will be through international cooperation and public-private partnerships.
In Congress, there have also been many initiatives to promote space settlement. In this competition, it seems that private business is winning. The CEO of SpaceX, plans to settle a million people on the surface of Mars. To make this a reality and launch, they are aiming for the first manned missions. Many readers will live to see mankind become a multi-planetary species, even if this timetable misses its optimistic target by ten years. One additional thing to keep in mind is that before a Martian colony can accommodate all its members, a legal framework must be established. Furthermore, it seems like SpaceX is preparing for human habitation on the moon with Moon Base Alpha. The United Launch Alliance revealed its intentions to increase the number of people who live and work in space.
For our species, space colonization is more crucial than exploration’s victories and the financial gains of a space economy. There are around 8 billion people on the planet right now. As the planet’s population increases, the issue is probably going to get worse. There is an almost infinite supply of raw minerals and energy in outer space that may be mined for use both on Earth and in space. Utilizing these resources may directly enhance people’s quality of life, as can indirectly removing harmful and polluting businesses and/or their waste products from the planet Earth. These are only a handful of the several strong arguments in favor of space colonization.
THE NEED FOR A PROPER LEGAL FRAMEWORK
It is in the best interests of the States to provide a legal framework that protects their residents who go to and live in these environments and encourages colonization efforts, should that occur. This matters for several reasons.
First, private companies are interested in populating space, therefore whether or if the government gets involved will determine humanity’s destiny. Governments can, however, take measures to quicken the process. Second, encouraging commercial enterprises that are venturing into space is optimal for the States’ economy.
Lastly, rather than developing an anarchistic corporate town or another type of governance when humanity spreads beyond Earth’s surface, it is critical to establish a free society founded on the ideas of the Rule of Law.
Space-related activities are costly. Encouraging businesses to develop in space is crucial. Companies do, however, run the danger of their actions being stopped at the last minute if they take a novel approach. There may be a significant loss of financial resources if this were to occur. It is preferable for business associates to “know the rules of the game ahead of time,” as opposed to this. By acting immediately, business partners will have regulatory clarity to guarantee the protection of their large investments. It is necessary to ascertain the individual accountable for supervising these undertakings.
EXISTING LEGAL FRAMEWORKS
The Moon and Other Celestial Bodies Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space (OST).
Although this declaration was created over five decades ago, during a time when space challenges were quite different, it remains the principal international law that is binding on space operations. The OST restricts possible colonization in several ways, although it does not outright ban the practice. Article II of the OST is the initial obstacle for a possible colony. “No nation may appropriate another country’s territory in outer space, including the moon and other celestial bodies, by usage, occupation, or any other method, including by asserting its sovereignty.
Facilities would be strictly prohibited if a space colony founded by one state prevented other states from freely accessing a particular region of a celestial body. But Article XII expressly refutes this flimsy justification.
It is noteworthy that business enterprises are subject to the OST in the same manner. Right now, space colonization planning is being spearheaded by private companies. Even if a corporation didn’t sign the OST or wasn’t even in existence when it was signed, it was nevertheless subject to its terms.
In addition to helping launching States recover space objects that return to Earth outside of their borders, States are required by the Rescue Agreement to do all within their power to save and assist astronauts in distress and return them as soon as possible to the launching authority.
A launching State may be required to provide compensation for harm caused by its space objects under the Liability Convention, which also establishes processes for the resolution of claims for damages. Establishing national registers and giving the UN Secretary-General information on their space objects are mandated by the Registration Convention for States and some multilateral organizations that have ratified it.
Many of the Outer Space Treaty’s clauses pertaining to the Moon and other celestial bodies are reiterated and expanded upon in the Moon Agreement. For example, the Moon and its natural resources are recognized as the “common heritage of humankind,” and celestial bodies may only be used for peaceful purposes. Additionally, it urges Moon Agreement signatory states to set up an international framework to control resource extraction as soon as it becomes practical.
The UN General Assembly has established five major declarations and principles pertaining to space in addition to the five space treaties: the Declaration of Legal Principles, the Broadcasting Principles, the Remote Sensing Principles, the Nuclear Power Source Principles, and the Benefits Declaration. Another significant source of legislation in space law is the Intergovernmental Agreement on the International Space Station. The European Space Agency and the participating countries in the Space Station project joined the International Galactic Alliance (IGA) in 1998.
INTERNATIONAL HUMAN RIGHTS LAW AND THE USE OF SPACE
Both international criminal law and international human rights law acknowledge that every individual is the subject of rights and obligations about their interactions with other individuals as well as with relevant States. There are several reasons why human rights should be considered when exploring and using outer space.
These include the very real effects of specific kinds of space operations on the enjoyment and implementation of human rights, as well as a “common genesis” in the simultaneous development of space law and human rights law. Following World War II, the legal frameworks that support both international human rights law and space law were formed. To codify the fundamental freedoms and rights that form the cornerstone of international human rights legislation, a number of highly important legal instruments were completed during the early phases of this human rights “movement.”
The international regulation of space travel, both in the past and in the present, is “embedded” in international law, according to the “legal rules” approach. It is neither confined to the lex specialis of space law alone, nor is it an obscure and distinct paradigm. This is something of a no-brainer, but it’s important to emphasize nonetheless, especially in light of how complicated human actions are in space and how they affect us all. The space-related instruments cannot and do not claim to offer a complete legal framework for every action or scenario that could come up. While it is evident that the core ideas of the UN Space Treaties especially the Outer Space Treaty apply to and are relevant to all space operations, these agreements have gaps regarding the particulars of various space activities. The actualization and enjoyment of certain human rights, particularly those pertaining to access to space and the gathering of information there, may be impacted by human activity in space.
Technologies for remote sensing have implications for privacy rights as well. Privacy activists have cautioned that since satellite data is developing faster than regulations, private parties will soon have access to photos that were previously exclusively available to intelligence services. Thus, there is conflict between the right to privacy and the pursuit of humanitarian goals on the one hand. To put it simply, the right to privacy is essential to every democratic society because, in addition to being a significant human right in and of itself, it facilitates the enjoyment of many other rights.
POTENTIAL RISKS FOR OUTER SPACE COLONIES
One complaint that has been made about Article 22 of the IGA is the ambiguity of the word “personnel.”
The first visitor from Russia to visit the International Space Station (ISS) was Dennis Tito in 2001. In a technical sense, neither was he a scientist nor an enlistee in the military. He was only a tourist in the truest meaning of the term. Would he have been regarded as “personnel” if something had happened to him was a topic of debate.
Future space colonies on the Moon, Mars, and beyond must define its staff clearly if Article 22 of the IGA is to be applicable. Redefining personnel to include everyone already residing in or on the space colony could be the wisest course of action. Not only would this restrict colonists who brought spouses and kids to the space colony, but it would also restrict people like Dennis Tito who are only visiting as tourists, if personnel were restricted to those working in scientific or administrative capacities within the colony. With the space tourism sector expanding daily, it is not difficult to see travelers taking vacations on distant space colonies.
The territory would only be the actual installation if colonial bases in outer space were subject to territorial sovereignty. Because the law of the registering or controlling state cannot extend outside the registered object, if an incident were to occur outside the installation, the law of that state would not apply; if it did, that would be a blatant violation of the Outer Space Treaty’s non-appropriation article. Should Article 22 of the IGA be applicable to colonies in outer space as well, then every event involving a national that transpires outside of the physical installation would be within the jurisdiction of a minimum of one state.
Benefits of the Nationality Principle in Outer Space Colonies:
It is only logical to extend Article 22’s jurisdiction, which is founded on the notion of nationality, to colonies in space. Furthermore, the continuance of international collaboration that is strongly promoted by the original Outer Space Treaty and the following accords is ensured by implementing both Section 1 of Article 22 and Section 2, which deals with the transfer of authority to other Partner States.
CONCLUSION
The next big human endeavour will be space colonization. Within a generation, the business community in both industrialized and developing countries is working to make large-scale human space habitat a reality. There is an unclear void left by national and international law, nevertheless, as it does not keep up with the goals of business organizations. The OST lays up the most fundamental foundation for founding colonies, yet it raises more problems than it does solutions.
Careful analysis and deliberate solutions are necessary to address the legal issues regarding citizenship in space. To successfully negotiate the challenges of space exploration and guarantee that people’s rights are appropriately safeguarded, whether they are participating in space tourism, commercial endeavours, or future colonies, international cooperation, legislative modifications, and ethical frameworks are crucial. Since space law is always changing in this historic period of human space travel, it is necessary to have constant communication and take proactive steps to address new issues as they arise.
References:
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