A common law in space for public health

Abstract

Beyond the gravitational pull of Earth, space travel poses substantial public health hazards pertaining to the physical and mental well-being of astronauts and passengers, in addition to a possible threat to the populace of Earth upon re-entry. Exposure to cosmic radiation, cranial pressure from microgravity, weakened immunity to contagion, and the potential for depression and psychosis are all risks. Public health crises of this nature are to be expected as the duration of missions extends, as is the case with Mars settlement. In contrast to national space programmes, which have regarded these obstacles as human factors effecting the mission, public health law in common law British nations approaches them from the perspective of social justice and the preservation of human life and societal welfare. Countries including Australia, Canada, the United States, and the United Kingdom continue to apply traditional common law principles of public health law, which provide a sensible and enduring method for reconciling competing public and private interests. Common law permits the violation of civil liberties through the use of force in public health restraint, forced medication, and quarantine, but only if necessary, reasonable, and equitable. While the understanding of the health challenges associated with long-duration spaceflight may be in its infancy for national space programmes and civilian space ventures, the application of common law public health principles could aid in the establishment of health and safety protocols in which human reactions to crises in space resemble those observed on Earth. This may, nevertheless, necessitate the enactment of a more comprehensive federal public health statute. Embedded in both public health common law and international space law, the pre-eminence of preserving and respecting human life and well-being continues to be a cornerstone of humane justice despite the perilous conditions of space.