Passengers Should Not Fly at their Own Risk but at Some Risk. The Necessity of a Revised International Liability Framework

Paper number

IAC-07-E6.2.10

Author

Ms. Lydia Boureghda, Université Jean Moulin Lyon III, France

Year

2007

Abstract

Space tourism is becoming more common, with both increasing numbers of companies investing in different technologies and a gradual decline in price. Similar to the early days of passenger aviation, a real competitive market is being progressively shaped.However, one should not forget an important part of space tourism: it is a space activity, and therefore an inherently risky activity.A discussion of the passenger liability issue is unavoidable.

The drafters of the Outer Space treaty did not envision the development of such activities.  Although some parts of the corpus juris spatialis could be relevant, the current legal framework is not sufficient to govern space tourism, specifically liability issues.

Because space tourism relies mainly on private financing and has commercial aspects, it could be argued that international agreements are irrelevant. There is a private contract between the tourist and the company; therefore, the space tourist should fly at his or her own risk. However, the present paper will uphold the idea that space tourism and ‘air’ tourism can not be compared. Thus, the legal framework used for ‘air’ tourism can not be transposed to space tourism. As a solution, it has been proposed to ‘rely on’ national legislation. The paper will show that these are necessary but not sufficient because they can notably lead to a real lack of uniformity, (leading to “forum shopping” and a flag of convenience approach, similar to the maritime industry.)

It will become clear that the adoption of an international text regulating space tourism will be necessary. The main objective of this article will be to discuss the different types of liability which could be used in an aerospace convention. However, the article will not advocate the total elimination of the current liability framework, but it will question their relevance. The lack of adequate legal norms will lead the paper to make proposals to improve the situation. Though these are major differences between the air and space industries, the policies in the aviation industry will be used as a foundation to analyze possible space tourism liability initiatives. 

Abstract document

IAC-07-E6.2.10.pdf

Manuscript document

IAC-07-E6.2.10.pdf (🔒 authorized access only).

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