Two sides of the same coin? Examining the interrelation between the proposed new human right and the law governing outer space

Abstract

The basis of the law governing outer space was set out more than fifty years ago, but the nature of space activities has dramatically changed over the years. The increasing involvement of non-state actors, the concerning amount of space debris in orbit, the extensive use of space technology in modern warfare and several other factors have demonstrated the shortcomings of the existing legal framework. Despite the fact that these factors pose a severe threat to the health and lives of humans, they have not yet been properly regulated. In order to contribute to a better protection of these values, more concrete rules will need to be adopted. One way to achieve a greater protection of the health and lives of humans is the proposed new human right, based upon hearings before the Airspace Tribunal, aimed at protecting the freedom to live without physical or psychological threat from above. In this paper, I seek to examine the interrelation between the proposed human right and the law governing outer space. I examine, on one hand, whether the existing legal framework offers a basis for the establishment of the new human right, and on the other hand, whether the proposed human right carries potential relevance for further developments and improvements of space law.