Article VI of the Outer Space Treaty - State Responsibility as a Means to Ensure the Protection of Human Rights by Private Companies in Outer Space Settlements

Résumé

The current space arena has changed significantly since the 1950s when outer space activities commenced. Although states have remained the primary actors in regulating the use of outer space, the extent to which private companies would become involved in the exploration and use of space, was not envisaged at the time of the conclusion of the space treaties. The exploration of outer space has always been hampered by technological and financial considerations. Because of the tightening of national budgets, states are increasingly involving private enterprises in space activities such as exploration and transportation. In addition, the establishment of permanent settlements in outer space is receiving serious consideration from both states and private enterprises. The possible establishment of human settlements in outer space underscores the importance of also ensuring the protection of the human rights of individuals living in outer space. Although the human rights responsibilities of states in outer space have been interrogated by commentators, little has been said thus far on the responsibilities of private space companies to protect human rights in the outer space environment. However, the key role that private companies play in the establishment of human settlements in outer space brings certain questions as to their human rights responsibilities to the fore. This article therefore aims to interrogate the types of human rights to be applied in a space settlement, the extent to which terrestrial human rights apply in outer space, and whether private companies specifically could be held responsible for violating the human rights of space travellers and the inhabitants of space settlements.

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