The Legal Regime(s) Governing Space Transportation Systems

Paper number

IAC-07-D2.I.09

Author

Dr. Paul Dempsey, McGill University, Canada

Year

2007

Abstract

Future space transportation systems will be highly influenced by the legal regime in which they are developed.  Already, many nations have promulgated domestic Space Laws governing launches, for example, while five multilateral conventions address such issues as sovereignty, exploration, peaceful use, registration, communications, and liability.

Commercial investment in space transportation systems is expensive, depends on as yet unproven technology, and is fraught with risk.  Legal rules can help define the degree of risk and reduce uncertainty, providing the predictability necessary to support investment.  Conversely, legal uncertainty can increase risk, and dampen enthusiasm for investment.

Today, two legal regimes potentially govern space transportation - that of Air Law, and that of Space Law.  It is unclear where one legal regime ends and the other begins.  There may be overlap and conflict between the two regimes.  For example, Air Law on issues of libility for passengers, baggage and freight, and surface damage, are well developed, but are different from those of Space Law defining liability for space launches and objects.  Similarly, issues of air traffic control and navigation are well developed in Air Law, and largely undeveloped in Space Law.

The purpose of this paper shall be to define the laws and regulations that will be potentially applicable to space transportation, to identify areas of uncertainty, and to recommend clarification so as to improve the climate for investment.

Abstract document

IAC-07-D2.I.09.pdf

Manuscript document

IAC-07-D2.I.09.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.