A Human Rights-Based Approach to Environmental Stewardship on Celestial Bodies
Abstract
The intersection between international human rights law (IHRL), international space law (ISL) and environmental law provides a strong foundation in support of inclusive and participatory environmental stewardship in outer space and on other celestial bodies, realized through a human rights-based approach. The underlying rationale for environmental stewardship in the space environment is interpretable in abating environmental harm, reducing environmental risks to human beings, and promoting sustainability - meeting the needs of the present without compromising the ability of future generations to meet their own needs. It is evident that human rights and the environment are intertwined; wherein human rights cannot be enjoyed without a safe, clean and healthy environment; and sustainable environmental governance cannot exist without the establishment of and respect for human rights. This relationship has been illustrated under the evolving "Right to a Healthy Environment," a right which has been recognized by the international community - with 181 of 193 countries having recognized this right within their national constitutions and laws. IHRL requires states to take special care in respecting, protecting, and fulfilling the rights of those who are most at risk from environmental harm - resulting in improved implementation and enforcement, reduced environmental injustices, and a level playing field with social and economic rights. Additionally, ISL jurisprudence embodies elements of environmental stewardship, contained within the prevailing recognition of outer space as the province of all mankind. This is illustrated within the contents of the 1967 Outer Space Treaty (OST) which expresses the intent of states parties to facilitate the use of outer space for "peaceful purposes" - advancing a positive general duty to minimize humanity's overall environmental interference across all domains. Further, the "due regard" environmental protection clause contained within the OST calls for the avoidance of "harmful contamination" resulting from human activities. Further elements of environmental stewardship may be derived from the contents of the 1972 Space Liability Convention, which holds launching States as absolutely liable to pay compensation for damage caused by its space objects. Within the scope of humanity's anticipated presence upon other celestial bodies, underscoring the inherent, universal and inalienable rights of every individual to health and dignity - across all aspects of human spaceflight activities - provides the impetus for the timely development, operationalization, and enforcement of conservation and sustainable practices in outer space and upon other celestial bodies. The incorporation of human rights will ensure people have their basic needs met, hold authorities accountable, and protect the environment. This will bear specific relevance upon the development of guidelines in relation to property rights, mining activities, and the challenges of space debris across the final frontier.
- Publication:
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43rd COSPAR Scientific Assembly. Held 28 January - 4 February
- Pub Date:
- January 2021
- Bibcode:
- 2021cosp...43E2221L