Space tourism, suborbital flights and air transport: where is the delimitation?
- Paper number
IAC-06-E6.1.07
- Author
Mrs. Caroline Smoczarski, University of Paris XI, France
- Year
2006
- Abstract
Space law, or the rules related to space activities, is a relatively recent concept. This branch of the public international law is peculiar as it is linked to technological developments. And paradoxically, even if it is public law, the involvement of private interests is increasingly strong. It is thus a law to evolve. Space tourism should contribute to that. Since the successful launch of Spaceshipone from its mother plane White Knight in October 2004, legal uncertainties have been arising. However, the technology for suborbital flight promotes the development of space tourism. New projects have been created such as prizes to win or even companies offering space trips. Furthermore, some polls indicate that several million people would be willing to pay for a journey in space. The existing legal framework concerning outer space is the “no sovereignty rule”, whereas for air space the underlying state is sovereign upon it. As a consequence, the regime being different, it could result in ambiguous situations regarding space tourism. This sector of the space activities is composed of two segments: orbital and suborbital tourism Concerning orbital activities, there is no demarcation between air space and outer space. So which law should be applied for such activities? Which law – air or space one - is the most appropriate for commercial space activities? Or should there be a specific legal regime? What is the legal status of space tourists? Besides it is important to understand the concepts of space tourism, space tourist and space object in order to confer licensing, matriculation and to regulate liability. Even if temporarily, space law -including some modifications- seems to be the most appropriate regime for a launch of space vehicle from another vehicle in outer space, there are still questions to answer. Moreover, a more difficult issue concerns hybrid engines such as the Spaceshipone. Indeed, which status should be applied to commercial suborbital inhabited flights? Where is the delimitation between space law and air law relating to suborbital activities since the space vehicle is launched from another vehicle in air space? The debate could be open to the dichotomy between private law versus public law. Should space tourism in general and suborbital space tourism in particular be regulated by national legislation or should an international regime be created? At that point, an example of a new American legislation -the 2004 Commercial Space Launch Amendment Act- could be considered. The aim of the presentation at IAF Congress would be to examine the situation and the outcomes of the regulation concerning space tourism activities. The presentation shall intend to explore achievements as well as drawbacks of the project, its pros and cons. Its scope would be to sketch out a number of valuable conclusions, so that it could be used as a suggestion for any new initiatives.
- Abstract document