Here is a summary of the paper:
Abstract:
The paper analyzes the concept of space tourism and the methods required to conduct such activities under international law. It highlights challenges for international space law, especially regarding suborbital flights, where it is unclear which legal regime applies. Suborbital flights contain elements of both aviation law and space law. The paper discusses hypothetical solutions to potential conflicts of law that may arise with space tourism activities. It aims to provide clarity on international law in this area.
Main Points:
- Space tourism, especially suborbital flights, creates new challenges for international space law treaties which were drafted when only a few countries had space capabilities.
- Suborbital flights involve launching a craft to around 100km altitude, where passengers experience weightlessness, before the craft descends and lands. This resembles a “suborbital jump” between points A and B rather than achieving orbit.
- It is unclear whether aviation law or space law (or both) applies to suborbital flights. The regimes have evolved separately and have differences regarding territoriality, airspace jurisdiction, and overflight consent requirements.
- Potential solutions include: creating a new field of “aerospace law” combining aviation and space law as needed; a hybrid treaty with registration, liability etc. rules tailored for suborbital flights; or a new space law treaty covering registration of craft and operator liability, with definitions and aviation law overlaps to prevent conflicts.
- With no new treaties likely soon, suborbital operators will have to assess applicable laws case-by-case. Precedents may arise from operators’ practices and disputes over applicable law, jurisdiction, liability claims etc.
Conclusions:
- Suborbital space tourism creates ambiguity in applicable legal regimes (aviation vs. space law) and territorial jurisdiction during different flight phases.
- Proposed solutions are mostly hypothetical as no new space law treaties are expected presently. Operators will rely on existing frameworks, with issues possibly clarified over time via precedents.
In summary, the paper examines the issues created by applying treaties drafted for a handful of spacefaring nations decades ago to a developing industry like commercial suborbital spaceflights. With political obstacles to new binding accords, gradual case-by-case evolution of standards seems the likely path ahead in the international regulation of this field.
