Abstract
When considering the idea of human settlement of outer space, the discussion evolves from research stations and small outposts to large-scale habitats and complex societies. The current international legal regime does not account for the development of civilizations and sovereignty in outer space and on celestial bodies. The reason for this lies in the principle of conflict prevention that pervades the Outer Space Treaty. This principle, righteous as it may be, does not fit the modern world scene. In fact, the very definition of outer space is centered around the Earth, archaically symbolizing a geocentric legal perspective of the universe. To allow for human settlement of outer space and celestial bodies, international law must address the concepts of civilizations and sovereignty. This can be done by redefining the human perspective of outer space according to the celestial subjectivity model, in which outer space becomes “the space outside of a celestial body’s gravity well relative to a state’s presence and perspective on that particular celestial body.” (Zach Miller, “On Celestial Subjectivity.” VAERO (2016). Available at https://www.vaeroresearch.com/single-post/2016/09/26/On-Celestial-Self-Determination.) The implications of altering the definition of outer space are both concrete and abstract, ranging from more clearly allowing national research stations to ensuring the right of self-determination within a future civilization of Mars colonists.
Published Version
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