With both government agencies and private industry developing plans for early-stage exploration and settlement of Mars, it is more crucial than ever to begin crafting a framework for the governance of long-term human space settlements. As nascent visions for human colonies take shape, scientists, scholars, and lawyers engaging in constitutional design must make every effort to direct focus towards maximizing equality. This Note will primarily address gender equality, and will argue that under the Outer Space Treaty, which stipulates that space activities be carried out “in accordance with international law,” framers of a new society must draft constitutional language that adheres to internationally accepted gender equality principles. Part II summarizes the legal framework underlying international space law and argues that space exploration “in accordance with international law” necessarily includes international treaties on gender, such as CEDAW. Part III addresses the theory behind constitutional design and how to appropriately constitutionalize gender equality. Part IV applies gender-conscious constitutional design principles to a draft constitutive document for a space settlement, proposing draft language that may best serve women’s interests. Part V briefly outlines practical barriers to female success in space that must be eliminated.

Continue reading Women Are Equal on Mars: Envisioning Gender Equality in the Governance of Extraterrestrial Settlements Under International Space Law