Towards an International Human Rights Law Regime in Outer Space: Ontological and Epistemological Contextualisation of Human Rights for Humankind

Developments in the space sector are a growing concern, particularly as more rockets and satellites are launched into space, and our dependency on space technology increases. New technologies, national ambitions and investments, and private space actors are some of the many variables propelling space activities forward. In 10-20 years, experts predict that lunar human habitats will be a reality. With this, there are three certainties which are noteworthy. First, human beings are present in outer space already and the number will increase. Equally important, though, is that the applicability and relevance of human rights is not a question of numbers. Second, the existing International Human Rights Law (IHRL) framework is not readily applicable to the current and future activities in outer space. Third, without legal clarity on human rights in outer space, it is difficult to protect against abuse, provide for adequate accountability, and ensure legal certainty, fairness, and adherence to the rule of law.

Humanity has made positive strides towards the protection, promotion, and enforcement of human rights on Earth. Despite being a rights regime that is highly selective in its positive impact in terms of race, class, and gender, human rights regimes are progressive in the sense that there is a widespread, if not global, recognition of a need for the protection of humans on Earth that goes beyond a statist rights regime. In the interest of peace, security and for maintenance of the rule of law, clarity is required on the rights of, for example, those on private, commercial and/or international space stations, on spaceflights as well as of those living and working on the Moon and other celestial bodies. Additionally, it is important that activities in outer space do not interfere with human rights on Earth. As human activity and presence in space increases and the development, trends and problems become clear, it is critical to think about the kind of legal framework that is necessary to protect people in these new environments. Further considerations include the impact that space activities will have on human rights on Earth. Of particular importance is IHRL, which will be necessary to safeguard people's rights and freedoms. This research seeks to pursue the following lines of inquiry:

1. What insights can an analysis of terrestrial history, philosophy and theory of human rights provide towards the development of a framework for IHRL for outer space?
2. How can critiques of IHRL inform an innovative approach to international human rights in outer space that may remedy some of the known limitations of IHRL on Earth?
3. What existing rights can - with necessary contextual adjustments - be deduced and applied from the IHRL regime to outer space?
4. What new rights may be necessary in the development of a framework for IHRL in outer space?

5. What international human rights governance structure, including questions on enforcement, access to justice, and relevant institutions, is appropriate for outer space?
Currently, IHRL and International Space Law (ISL) do not provide legal certainty on how human rights would be protected, promoted, or enforced in outer space. We are therefore heading towards a dangerous time given that the traditional IHRL rules and principles cannot apply or at least will be difficult to apply. This PhD project will use a combination of theoretical and empirical research. The approach will draw on Third World Approaches to International Law (TWAIL), taking seriously the relevance gender, race, class as well as historical and structural inequalities in the exploration of key questions.