As a member of the Future Space Settlements: Lessons from History Bass Connections, I conducted research into the legal implications of humanity’s long-term presence in space. My research focused on how immigration and citizenship regulations may develop in this domain.   

One compelling historical corollary I found was Antarctica’s so-called “baby race”- a geopolitical contest between Argentina and Chile aimed at reinforcing territorial claims by ensuring their nationals were born on the continent.  

Both nations are signatories of the 1959 Antarctica Treaty, which “does not recognize, dispute, nor establish territorial sovereignty claims.” Prior to the adoption of the Antarctic Treaty, seven countries made territorial claims in Antarctica: the U.K, Argentina, Chile, France, Norway, Australia, and New Zealand. Some of these territories overlap, and, while not widely recognised, none of the seven claimants have indicated intent to renounce them.   

In 1977, the Chilean President Augusto Pinochet visited Antarctica to assert the nation’s dominance. Argentina aggressively responded by igniting the baby race, flying seven months pregnant Silvia Morella de Palma to Antarctica. She was the wife of Captain Jorge Emilio Palma, leader of the Argentine army detachment at Esparanza Base. On January 7, 1978, Emilio Marcos Palma became the first child to be born in Antarctica. He is an Argentinian citizen, as were both his parents. Interestingly, Esparanza Base lies within a competing UK claim of the British Antarctic Territory. Seven more Argentinian children were born at the base from 1978-1983.  

Soon enough, Chile responded to these claims. In 1984, Chilean Juan Pablo Camacho became the first child conceived, carried, and born on the continent. He was born on November 21 at Villa Las Estrellas. Two further Chileans were born on the continent in 1984 and 1985, bringing the total number of Antarctic births to eleven.  

Looking to the humanity’s future in space, we should carefully examine nation’s extreme behaviours in attempts to strengthen territorial claims, even in the face of a recognised treaty. Currently, the 1967 Outer Space Treaty prevents national appropriation of outer space. However, it is not unthinkable to imagine the nations and private companies at the forefront of space exploration stretching these regulations, particularly with in the absence of an official space legal system.   

Additionally, the baby race is a useful case study to consider immigration and citizenship. There are no Antarctic citizens, and the babies born there were nationals of the countries trying to strengthen their claims. Will we see a similar dynamic in space? What if a child is born to parents from different countries—particularly if one of those countries prohibits dual citizenship? The first space-born children may become celebrities in their own right—how might that affect citizenship law?  

On the other hand, we could see the creation of an entirely different immigration and citizenship system. Will there be a unified space citizenship? Separate citizenships for lunar, Martian, or other settlements? Will jus sanguinis or jus soli laws be extended to space? Who will govern these systems – an Earth-based organisation, or a space-based one?   

Though these ideas seem far-fetched, we need to be proactive in preparation for becoming a multi-planetary species, and Antarctica’s legal system is a valuable starting point.