The project aims to evaluate the impact of international human rights norms on the international rules concerning space activities. Both fields of law developed almost in parallel but seem to have many differences and few points of contact, such as the humankind-oriented approach.
Space law and human rights law have often been considered separately, as two different branches of international law without points of contact. However, human rights and space law are indissolubly linked to each other. Only a comprehensive approach can ensure such a development, in compliance with legal standards of contemporary international law.
Concerning the case of satellite communication, the right to information is of paramount importance, because it is a fundamental right essential for maintaining increasing and diffusing science and knowledge. It encompasses the right to seek, receive and impart information and ideas by any means and regardless of frontiers and provides specific legal restrictions concerning situation that represent vital interest of the State, incitement of war, or discrimination. There can be also derogation as those concerned the time of war or declaring public emergency, only to the extent justified by the exigencies of the situation.
The project deals with the compliance of international practice concerning transboundary communication satellite services (radio, television and the Internet) with international standards of the right to information and the criteria for its limitations and derogation. Furthermore, the research aims to identify trends towards a universal approach concerning the balancing between information via satellite, sovereignty of State and human rights.
The relationship between space activities and human rights is a missing link in the doctrinal analysis concerning both space law and human rights. As mentioned above, these two fundamental areas of international law have often been considered separately but a strong relationship between the two branches is evident and, for many reasons, desirable to guarantee a proper evolution of space applications and technologies.
In its Resolution 32/13, the Human Rights Council affirmed the importance of applying a comprehensive human rights-based approach in providing and expanding access to the internet, while calling on all States to make efforts to bridge the many forms of digital divides. The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has stated that, without internet access, which facilitates economic development and the enjoyment of a range of human rights, marginalized groups may remain trapped in a disadvantaged situation, thereby perpetuating inequality. According to the Special Rapporteur, access to the internet is critical to tackle situations of inequality. The internet offers important educational tools. However, disadvantaged groups often face barriers to accessing the internet in a way that is meaningful, relevant and useful to them in their daily lives.
It should be considered that there is an emerging right to access the internet, as a means to implement freedom and right to seek information. While there is no express recognition of this right in any of the major international human rights treaties, also due to the temporal aspects of the affirmation of this technology, it has been argued that such access is critical, particularly in terms of the right to freedom of information, and in the redressing of structural disadvantage.
As 2017, 53% of the global population have access to the internet. In 104 countries, more than 80% of the youth population are online. In developed countries, 94% of young people aged 15-24 use the internet compared with 67% in developing countries and only 30% in Least Developed Countries (LDCs) .
The Declaration of Principles adopted by the World Summit on Information Society, held in Geneva in 2003, declares that access to information and communication infrastructure and technologies as well as to information and knowledge is one of the key principle to build an inclusive information society .
The Plan of Action adopted at that Summit included that States ¿promote research and development to facilitate accessibility of Information and Communications Technologies for all, including disadvantaged, marginalized and vulnerable groups. Full inclusion extends beyond mere access rights and includes initiatives to build confidence and security in the use of the internet.
Access to relevant information, linked with real opportunities to participate in relevant decision-making processes, is a key to ensuring that no one is left behind. This is recognised by the Sustainable Development Goals, adopted in the context of the Agenda 2030 for Sustainable Development by the UN General Assembly with the Resolution 70/1 on 25 September 2015. The Agenda 2030 sets 17 Goals, which are further specified in 169 targets. The Agenda contains two goals dealing with access to information: Goal 9, 'Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation', has a specific target 9.c concerning 'Significantly increase access to information and communications technology and strive to provide universal and affordable access to the internet in least developed countries by 2020'; and Goals 16, 'Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels', contains a specific target 16.10 'Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements'.
As remarked by the UN Secretary General, Antonio Guterres, information and communications technology can advance human rights, sustainable development and peace, the three pillars of the UN activity , and space activities have the potential to give access to those technologies to the majority of peoples of the world. In this sense, space law can play a crucial role in advancing and promoting knowledge and freedom of information, given that space actors take human rights seriously.