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Exporting Humanity. Challenges and opportunities for human expansion into outer space

The second article of the editorial on Space Law curated by Veronica Moronese. An analysis on space colonization, human responsibility, and the legal framework within which it operates.

The once fantastical notion of space colonization, a staple in science fiction, is undergoing a transformative shift from imagination to a plausible reality. This paradigm turn is not merely fuelled by speculative aspirations but grounded in the tangible progress of our technological prowess and the expanding frontiers of our cosmic understanding. As humanity stands on the brink of transcending Earthly boundaries, the prospect of human habitation beyond our home planet is no longer confined to the pages of sci-fi novels.  

To better understand the legal nuances of this theme, it is key to begin with a semantic clarification: the term “space colonization” is an improper way to refer to future space settlements.  
Permanently inhabited by civilians and therefore different from the “space community” we already have -the International Space Station-, those settlements will represent a new era of human presence in space, overcoming national borders. For this reason, it is important to note that the utilization of the word “colonization” carries historical connotations rooted in domination and exploitation. Drawing parallels with the expansionist endeavours of national powers, historically associated with oppression and violence, the use of “colonization” in the realm of space implies a comparable attitude of dominance and exploitation towards the extraterrestrial environment and its resources. Such a terminology not only disregards the rights and interests of diverse actors engaged in space activities but also perpetuates a narrative of unequal power dynamics. 

Background showing the Earth planet viewed from space with satellite , the element of this image are provided by Nasa and 3d generated

International Space Law: Preserving Equality

This scenario, predatory and domineering, is expressly prohibited by the Outer Space Treaty.  
The Treaty, adopted in 1967 under the auspices of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS), delineates the principles that guide human extraterrestrial endeavours, and asserts that space activities must be conducted for the benefit of all nations, transcending geopolitical boundaries for the collective advancement of humanity. 
One of its scopes is to bestow upon every nation the freedom to explore the vast reaches of orbit and beyond. Crucially, Article 2 of the Treaty establishes a celestial barrier against claims of sovereignty in space, stating that no nation can assert ownership over celestial bodies, including the Moon, neither by appropriation nor by any other means. 
Hence, according to existing international space law, the establishment of colonies (in the traditional sense of extensions of national power) in space is not feasible. Space settlements must necessarily have a transnational dimension, and the effort dedicated to creating laws for the functioning of the space community shall be mainly international. As they cannot rely on the laws of a single nation, space settlement will require their own rules to ensure the proper functioning of their community and a harmonious, rightful relationship with planet Earth. 

Additionally, in considering the long-term trajectory of space settlements, a logical projection emerges: over time, and with the advancement of the space resource exploitation they will undoubtedly be tied to, these settlements will start thriving in an economic and social sense. Incredibly far from Earth, with a unique and challenging environment, and populated by inhabitants that have lost their jurisdictional connection with their fathers’ nations, these communities will slowly but securely transition from being a direct extension of a distant planet to evolving into fully-fledged societies. Space people will start envisioning themselves as communities of individuals united by a shared purpose and destiny, different and independent from those of planet Earth. From this comes that future space settlements will acquire over time the capacity and will for self-governance and self-determination, shifting the relationship paradigm with planet Earth and permanently changing the way space resources are allocated. This transformative journey suggests a departure from their initial ties to Earth, gradually establishing themselves as independent entities with unique identities, regulations, and systems of governance. At this point, space diplomacy will acquire a whole new meaning. The revolutionary establishment of space settlements stands poised to yield multifaceted benefits, particularly in the realms of international cooperation and the evolution of space-related legal frameworks.

Legal Frameworks for Extraterrestrial Habitation

Primarily, the realization of such settlements necessitates a profound degree of international collaboration, demanding the collective efforts of nations to share vital resources, knowledge, and human capital. This collaborative venture, inherently global in nature, has the potential to instil a renewed sense of unity and cooperation transcending conventional national boundaries, thereby fostering a shared commitment to the exploration and habitation of outer space. 

Concomitantly, the advent of space settlements engenders the imperative to formulate novel regulations and laws tailored to the distinctive challenges of extraterrestrial habitation. These legal constructs would be instrumental in delineating property rights in space, defining the responsible utilization of space resources, and governing the conduct of both nations and private entities in the cosmic domain. The development and codification of such legal frameworks hold the promise of fashioning a comprehensive and universally accepted body of space law, addressing the intricacies and exigencies inherent in the contemporary landscape of space exploration. 

Innovation in the Legal Domain

Moreover, the complex process of crafting and implementing these space laws necessitates diplomatic negotiations and deliberations among nations, providing an additional impetus for heightened international cooperation. These diplomatic engagements not only serve as a platform for legal discourse but also stimulate substantive discussions on ethical considerations integral to the responsible exploration of space. Issues such as the preservation of celestial bodies and ethical guidelines for the judicious use of space resources come to the forefront, reinforcing the ethical dimensions of human activities in the cosmos. 

Finally, the legal challenges arising from the establishment of space settlements hold the potential to catalyse innovation within the legal domain. The unique challenges posed by extraterrestrial habitation may spur the emergence of new legal fields and specialties, necessitating a nuanced understanding of the legal implications associated with space settlements. This innovative trajectory within the legal landscape not only provides novel opportunities for legal professionals but also contributes substantively to the ongoing evolution and sophistication of the field of law as it grapples with the complexities of human expansion beyond Earth’s confines. 

mars desert reasearch station for analog mission
mars desert reasearch station for analog mission

Human Responsibility in the Cosmos

The journey towards space colonization is a testament to human ingenuity and resilience. It represents our collective aspiration to explore the unknown, to push the boundaries of our scientific and technological capabilities, and to secure a future for humanity beyond our home planet. However, as we embark on this journey, we as humankind must also be mindful of the ethical, legal, and social implications of our actions. We must ensure that space remains a realm of peace and cooperation, where the benefits of exploration and colonization are shared equitably among all nations. While fraught with challenges, space settlements establishment holds immense potential for the advancement of humanity. As we stand on the precipice of this new frontier, we are reminded of our responsibility to venture forth with caution, foresight, and an unwavering commitment to the principles of peace, cooperation, and the betterment of all humankind. 

Other articles from the editorial of Space Law:

This article is part of our dossier on Space. Other content:

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