Rights in Orbit: Ensuring Respect for Human Rights in Commercial Space Activities

By Jack Spehn

December 17, 2021. An orbital sunrise is pictured from the International Space Station as it orbited 262 miles above Bolivia on the South American continent. (Source: NASA Image and Video Library, public domain)

Introduction
Space and human rights might seem like an odd duo. After all, there aren’t any autocratic astronauts abusing the civil liberties of their fellow International Space Station (ISS) crewmates. Yet the connections between the two are increasingly relevant and ought to be of concern to both governments and private actors operating in space. As technology advances and the global space economy expands, what was once considered science fiction is quickly becoming reality. Governments should anticipate accordingly and require private companies to integrate human rights into their operations, both on Earth and beyond. Setting clear standards at this early stage of the private space economy is crucial to ensure the long-term normalization of human rights compliance in all future global space activity.

Commercial Actors in Outer Space
2024 has been a milestone year for commercial space travel and exploration. In September, SpaceX’s Polaris undertook the first spacewalk by a private company, while in February, Intuitive Machines’ Odysseus successfully achieved the first US lunar landing since the end of the Apollo program.[i] Even despite the failures of Boeing’s Starliner capsule, the reality of a private space vessel shuttling NASA astronauts to the ISS represents a remarkable shift in public-private space partnerships.[ii]

These developments are part of a renewed interest in outer space largely fueled by private actors over the past decade. The global space economy is large and growing rapidly; according to some projections, it is expected to more than quadruple in size from $630 billion in 2023 to roughly $1.8 trillion in 2035.[iii] Currently, private actors account for nearly 80 percent of total revenues in the global space economy.[iv] Though commercial space activity is nothing new (the world’s first active communication satellite, Telstar 1, was developed by AT&T in 1962), what has changed dramatically is the extent of the private sector’s involvement; from 2012 to 2022, private investment in the global space economy grew by more than 3000 percent.[v]

What are the Human Rights Risks Involved in Commercial Space Activity?
The actions of private space actors can have far-reaching impacts that the international human rights framework is well-suited to address. Certain rights might apply more immediately, such as the right to enjoy the benefits of scientific progress and its applications, the right to privacy, and the right to access information.[vi] Some private space technologies might even stand to benefit human rights advocates at the same time as misuse poses a grave threat to their work. Satellite imaging, for example, can be used both to investigate and document rights abuses around the world, as well as to infringe upon individual and group privacy rights through unlawful monitoring and surveillance.[vii] Looking further ahead, one could foresee a wider range of implicated rights. Certainly, protecting labor rights both on Earth and in orbit will become increasingly relevant, as the number of privately hired employees increases.

International Space Law and Corporate Human Rights Responsibility
Private activity in outer space is addressed in the Outer Space Treaty, which was ratified in 1967 and serves as the foundation of international space law.[viii] The Treaty specifies that States are ultimately responsible for the actions of their private entities operating in outer space, and that these private entities therefore require “authorization and continuing supervision” by the State.[ix] 115 states have ratified the Treaty, including the US, Russia, Japan, China, and India, along with most European countries.[x]

Research conducted by the Center for Strategic and International Studies found that many in the private space sector agree that the government’s primary role should be to set standards and regulations, while also noting the difficulties in establishing such standards amid rapidly evolving technological advancements and innovations.[xi] This speaks to the urgency of clearly articulating the most important, and ever-green, minimum guidelines by which companies must abide.

Though the legal obligations articulated in international human rights law ultimately lie with the State, commercial actors still have responsibilities. The UN’s Guiding Principles on Business and Human Rights outline a “respect, protect and remedy” framework for preventing and addressing human rights risks associated with commercial activities.[xii] However, they also note that States generally aren’t required under international law to regulate the extra-territorial activities of their companies.[xiii] Given the limitations of extra-territorial regulations, the notion of extra-terrestrial regulations might seem far-fetched. Incoming US President Trump’s preference for widespread deregulation,[xiv] as well as SpaceX CEO Elon Musk’s role co-leading the still ill-defined Department of Government Efficiency,[xv] should also give pause to those who may hope to see such regulations implemented in the US anytime soon.

However, the US is only one of several countries around the world with an active private space economy.[xvi] Recent advancements in domestic and international laws and regulations might provide a blueprint for how these governments can address the human rights impacts of private space actors domiciled and/or active within and beyond their jurisdictions, including those based in the US.[xvii]

Though certain human rights principles may be implicitly contained within existing space governance laws, they ought to be articulated more explicitly. States should adopt and integrate human rights policies into their approval processes authorizing private actors to operate in outer space. These policies should include a requirement that companies routinely conduct robust risk or impact assessments to anticipate potential rights violations related to their operations and establish a transparent mechanism for monitoring and reporting rights impacts.

Looking Ahead (and Up)
Proactively regulating private space activity to incorporate human rights follows in part from the understanding that private actors have historically been at the forefront of colonization, right alongside the State.[xviii] Given the recent trends in funding and development, there is no reason to believe this will not also be the case in the push to colonize worlds beyond Earth.[xix] Ambitious scientific pursuits, including the 1960s’ Space Race, often produce their own positive byproducts, including advancements in medicine, health and clean technologies.[xx] Yet, private pursuits unbridled by minimum standards of respect for human rights will pose a significant risk, both at present and in the future, to the well-being of people on and off Earth. We ought to take the opportunity now, at the dawn of a New Space Age, to anticipate these risks and ensure outer space remains a place of peace, equity, and benefit to all.

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[i] Kenneth Chang. “First Private Spacewalk in SpaceX Capsule Achieves New Milestone.” New York Times, September 11, 2024. https://www.nytimes.com/2024/09/11/science/spacex-polaris-dawn-astronauts-spacewalk.html; Michael Sheetz. “Intuitive Machines lands on the moon in historic first for a U.S. company.” CNBC, February 22, 2024. https://www.cnbc.com/2024/02/22/intuitive-machines-lunr-im-1-moon-landing-for-nasa.html;

[ii] Denise Chow. “After return of Boeing’s Starliner spacecraft, company officials remain noticeably quiet.” NBC News, September 12, 2024. https://www.nbcnews.com/science/space/boeing-officials-quiet-return-starliner-spacecraft-rcna170601.

[iii] Alizée Acket-Goemaere, Ryan Brukardt, Jesse Kempner, Andrew Sierra, and Brooke Stokes. “Space: The $1.8 trillion opportunity for global economic growth.” McKinsey & Company and World Economic Forum, April 8, 2024. https://www.mckinsey.com/industries/aerospace-and-defense/our-insights/space-the-1-point-8-trillion-dollar-opportunity-for-global-economic-growth.

[iv] Space Foundation Editorial Team. “Space Foundation Announces $570B Space Economy in 2023, Driven by Steady Private and Public Sector Growth.” Space Foundation, July 18, 2024. https://www.spacefoundation.org/2024/07/18/the-space-report-2024-q2/#:~:text=International%20government%20spending%20on%20space,%2C%20Italy%2C%20and%20South%20Korea..

[v] Rob Bland, Ryan Brukardt, Will Gangware, and Dale Swartz. “A different space race: Raising capital and accelerating growth.” McKinsey & Company, November 16, 2022. https://www.mckinsey.com/industries/aerospace-and-defense/our-insights/a-different-space-race-raising-capital-and-accelerating-growth-in-space.

[vi] United Nations. “International Covenant on Economic, Social and Cultural Rights.” Article 15. General Assembly resolution 2200A (XXI), December 16, 1966. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights#article-15; United Nations. “International Covenant on Civil and Political Rights.” Articles 17 and 19. General Assembly resolution 2200A (XXI), December 16, 1966. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights#article-17.

[vii] Human Rights Watch. “New Satellite Imagery Partnership: Planet Boosts Human Rights Watch Research Capacity.” November 30, 2017. https://www.hrw.org/news/2017/11/30/new-satellite-imagery-partnership; Hannah Kannegieter. “Privacy and Veracity Implications of the Use of Satellite Imagery from Private Companies as Evidence in Human Rights Investigations.” Harvard Human Rights Journal, 2024. https://journals.law.harvard.edu/hrj/2023/11/privacy-and-veracity-implications-of-the-use-of-satellite-imagery-from-private-companies-as-evidence-in-human-rights-investigations/#_ftn31.

[viii] United Nations. “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.” General Assembly resolution 222 (XXI), January 27, 1967. https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html.

[ix] Ibid.

[x] United Nations Office for Disarmament Affairs, Treaties Database, “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,” accessed November 2024, https://treaties.unoda.org/t/outer_space/participants.

[xi] Alyssa Goessler. “The Private Sector’s Assessment of U.S. Space Policy and Law.” Center for Strategic and International Studies, July 25, 2022. http://aerospace.csis.org/wp-content/uploads/2022/07/AGoessler_The-Private-Sectors-Assessment-of-U.S.-Space-Policy-and-Law.pdf.

[xii] United Nations Office of the High Commissioner for Human Rights. “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework.” 2011. https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf.

[xiii] Ibid.

[xiv] Susan E. Dudley. “What To Expect On The Regulatory Front In A Second Trump Term.” Forbes. November 12, 2024. https://www.forbes.com/sites/susandudley/2024/11/12/what-to-expect-on-the-regulatory-front-in-a-second-trump-term/.

[xv] Jeff Stein and Elizabeth Dwoskin. “Trump taps Musk, Ramaswamy to oversee ‘drastic’ changes to U.S. government.” Washington Post. November 12, 2024. https://www.washingtonpost.com/business/2024/11/12/elon-musk-trump-doge-vivek-ramaswamy/.

[xvi] CNBCTV18. “A look at countries with commercial space missions and their private players.” November 18, 2022. https://www.cnbctv18.com/science/a-look-at-countries-with-commercial-space-missions-and-their-private-players-15205391.htm.

[xvii] “Corporate sustainability due diligence.” European Commission webpage. https://commission.europa.eu/business-economy-euro/doing-business-eu/sustainability-due-diligence-responsible-business/corporate-sustainability-due-diligence_en.

[xviii] Philip J. Stern. “Empire, Incorporated: The Corporations That Built British Colonialism.” Harvard University Press. May 16, 2023. https://www.hup.harvard.edu/books/9780674988125.

[xix] A. Kayum Ahmed. “Toward multiplanetary existence? The human rights obligations of corporations on Mars.” Open Global Rights, May 9, 2023. https://www.openglobalrights.org/toward-multiplanetary-existence-human-rights-obligation-corporations-mars/.

[xx] Rachel Spencer. “How the Space Race Built Today’s Technology.” Alliance for Innovation and Infrastructure policy blog, July 8, 2021. https://www.aii.org/how-the-space-race-built-todays-technology/#:~:text=Relevant%20examples%20include%20medical%20imaging,and%20countless%20other%20vital%20inventions.

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