Cosmic Justice: Equal Representation in the Space Law Policy

In a 2009 interview, Justice Ruth Bader Ginsburg famously said, “Women belong in all places where decisions are being made.” Although she was probably considering institutions on Earth, her words resonate well beyond our planet.

In 2021, the world watched as billionaires and celebrities rocketed into space, introducing a new era of commercial space activity. While these high-profile missions were novel and newsworthy, they also underscored a long-standing truth: access does not equal inclusion. As national and international legal frameworks struggle to adapt to private spaceflight, the perspectives informing these developments remain limited in representation.

Today’s space law comprises several treaties, beginning with the Outer Space Treaty of 1967. Since then, international efforts have addressed issues from debris mitigation to liability and commercial activity, with guiding principles emphasizing peaceful use, cooperation, and nonappropriation. At first blush, these frameworks appear to embody overarching goals of fairness and mutual respect, but their implementation often reflects the priorities of a limited and homogenous group of stakeholders.

Private actors currently play a significant role in shaping the future of space exploration and commercialization, often operating with minimal regulatory oversight and little apparent regard for inclusive representation. As private enterprise races ahead, legal frameworks remain fragmented, reactive, and based on assumptions of state-centered activity. This growing gap raises important questions about whose interests are being prioritized and who will be included in and protected during the expansion of space activity. Scholars have noted the persistent underrepresentation of developing nations, women, and marginalized communities in the institutions driving space governance. This isn’t just about who gets to go to space— it’s about who gets to write the rules.

History offers several salient lessons about the consequences of exclusion in law and technology. Medical research, crash tests, and even office temperatures, long based on male norms, have overlooked women, often to their detriment. The legal field has seen similar shortcomings. Scholars have long critiqued its persistent “maleness,” evident in everything from which cases are prioritized to how laws are taught, interpreted, and enforced.

The space sector risks repeating these patterns if diversity is not built into its legal and institutional foundations. Encouragingly, in 2024, the United Nations released its Landmark Study on Gender Equality in the Space Sector, collecting data from member states and the EU on women’s representation and organizational policies. The report highlights not just the gaps, but also the vital contributions women bring to science, policy, and innovation. This growing recognition marks a critical step toward ensuring that the future of space is shaped by inclusive values rather than inherited imbalances.

Inclusion is not just a terrestrial concern; it’s a matter of cosmic justice. As we stand on the threshold of a new era in space governance, we must decide whether the rules governing space will reflect shared, equitable values or simply extend existing hierarchies into orbit.

RESOURCES

Space for Whom? Reimagining International Space Law for Equitable Access and Global Justice, Space Generation Advisory Council, May 30, 2025. Accessed via SpaceGeneration.org. Lynn H. Schafran, Is the Law Male: Let Me Count the Ways, 69 Chi.-Kent L. Rev. 397 (1993). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol69/iss2/9

Republished with permission. This article, "Cosmic Justice: Equal Representation in the Space Law Policy," was published by The SciTech Laywer, Vol 21, No4, Summer 2025. (login required)