Criminal and disciplinary issues pertaining to suborbital space tourism flights
- Paper number
IAC-07-E6.2.13
- Author
Mr. Michael Chatzipanagiotis, University of Cologne, Germany
- Year
2007
- Abstract
The advent of space tourism suborbital flights raises questions about the applicable law on board space tourism vehicles. As such vehicles are mostly of hybrid nature, i.e. they can be characterised as both aircraft and space objects and can move in both airspace and outer space, it is uncertain (a) whether air law or space law applies and (b) which State has jurisdiction. Another issue is the possible content of such law. An analysis of these problems de lege lata and de lege ferenda will be attempted from the view of criminal law. De lege lata both air and space law regimes are applicable during different stages of flight. Air law provisions can be found in the Chicago, Tokyo, The Hague and Montreal Conventions and in the ICAO GA Resolution on Unruly Passengers. Space law provisions are available in the OST, the ISS IGA as well as in the US (Space Shuttle) and Russian national legislations. Most recently a FAA Rule touched slightly upon the matter. Of course, the ISS and Space Shuttle rules are not applicable, but they can serve as indicators. The same is valid for the air law conventions, which have influenced national legislations. It can be observed that neither air law nor space law regime is 100% appropriate for application to suborbital flights, because the rules of the former are too sophisticated owing to the existence of a huge commercial aviation industry, whereas the latter does not focus on commercial space operations. It is submitted that the present legal regime is inadequate and that a new uniform system of rules should be developed de lege ferenda combining elements from air and space law. The main characteristics of such system could be: (i) the extraterritorial criminal jurisdiction of the State of registry; (ii) the disciplinary authority of the commander on board; (iii) the penalization of acts jeopardizing the safety of the flight as well as the good order and discipline on board. As space tourism flights are at present designed to take-off and land in the same State, it would be most appropriate to implement such measures initially through special provisions in national legislations. Future development will show whether an international convention is necessary.
- Abstract document
- Manuscript document
IAC-07-E6.2.13.pdf (🔒 authorized access only).
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