Exploring the possibility of an intergenerational right to return to earth

Abstract

If human civilisation realises its grand ambitions to establish extraterrestrial human settlements on Mars in the not-so-distant future, how will human rights apply and be enforced? Rather than States, it is thought that space companies such as SpaceX, Blue Origin and the Sierra Nevada Corporation will be the first to establish extraterrestrial settlements. Rapid technological developments over the last decade mean that these ambitions are no longer science fiction. This article considers the scope of the right to freedom of movement in outer space, especially the right to return to Earth. Due to the perilous nature of the journey from Earth to Mars and the harsh environment in which the first settlements will be established, this article considers whether there are any legitimate and, indeed, permissible circumstances where the right to return to Earth will be restricted. The final part of this article will explore the possibility that future descendants of the first wave of settlers to Mars will have an intergenerational right to return to Earth despite having been born on the Red Planet.