Outer Space Virtual Law Conference

This virtual conference in partnership with the AI and Space Law Society aims to create an all-encompassing discussion on the topic of outer space and human rights.

While states and corporations, such as SpaceX, Blue Origin and the Sierra Nevada Corporation, have declared ambitious plans for humans to inhabit celestial bodies by the end of the 21st century the future human settlement of outer space remains speculative. Nevertheless, the possibility of multiplanetary human settlement raises important legal questions not only about the governance of a celestial body but also the extraterrestrial application of the international human rights framework, and more precisely, the obligation of states and space corporations to observe and protect such rights. While the Outer Space Treaty was drafted and negotiated around the same time as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights the development of both outer space law and human rights have remained separate and distinct. There is no explicit reference to ‘individual human rights’ in the five outer space treaties and of course, any reference to human rights in the five declarations and principles relating to outer space are not legally binding. Although Article III of the Outer Space Treaty provides some much-needed guidance by affirming that space activity must be conducted “in accordance with international law, including the Charter of the United Nations in the interest of maintaining international peace and security” several scholars posit that it is unfortunate that only States continue to bear this responsibility and not private corporations.

Recently, there has been a significant impetus by states to enact domestic legislation to give effect to their own duties and obligations under international space law. However, a rudimentary analysis of these domestic laws highlights that the scope and application of human rights in outer space continues to be overlooked and thus, scholars’ shared concern about how human rights will be safeguarded in outer space has been amplified. Private actors, particularly corporations, have swiftly emerged as the dominant actors in the space race. However, it has been speculated that they may be reluctant to be subject to international law and human rights standards and may wish to remain free to pursue their own business interests, which for the most part, do not align with the interests of “humankind.”

In this context, this Virtual Conference will explore how outer space law responds - or fails to respond- to this dilemma. Contributions may address legal questions de lege lata, through the interpretation of existing treaty and customary norms, and/or de lege ferenda, by proposing new rules to respond to the evolving challenges posed by outer space use and exploration for the international human rights framework. Presenters at this conference will build upon (but not limited to) the theoretical and empirical aspects of the following subjects:

• The Relationship between Outer Space Law and Human Rights.
• The Scope and Limits of Human Rights Protection for Future Outer Space Use and Exploration.
• Balancing the Protection of Critical Outer Space Infrastructure and Technology with Safeguarding Fundamental Human Rights.
• The Role of Governmental, Non-Governmental and International Organizations in Developing and Protecting Human Rights in Outer Space.
• Astronauts, Space Tourists and the Application of Human Rights Law.
• Human Enhancement Technologies and the Application of Bioethics and Human Rights Law Beyond Earth.
• Legal and Policy Challenges of New Technology including Artificial Intelligence (AI) for Human Rights Protection.
• Military Uses of Outer Space and Human Rights.
• Outer Space Security and Human Rights.
• Extraterrestrial Human Settlements: Rethinking Legal and Regulatory Protections in Outer Space.
• Indigenous Peoples, Human Rights and Outer Space.
• Access to Dark Skies, Orbital Congestion and Human Rights.
• Philosophical Perspectives of Humans in Space.
• The Enforcement of Fundamental Human Rights in Outer Space.
• Corporate and State Perspectives on Human Rights Due Diligence in the Use and Exploration of Outer Space.

Attendance and participation in the conference is free of charge, but registration is required. Please register via Eventbrite to receive the necessary online microsoft teams meeting details. You will need a meeting ID and passcode to join the conference.

This conference is being organised by Dr Anna Marie Brennan with support from the Michael and Suzanne Borrin Foundation through a Women Leaders in Law Fellowship. The Borrin Foundation “supports legal research, education and scholarship that contributes to a just, inclusive and flourishing Aotearoa New Zealand."

For further information on the Conference, please email: abrennan@waikato.ac.nz