A New Indemnification Policy for Spacecraft that Rescue Astronauts In Need
- Paper number
IAC-08.E8.2.8
- Author
Mr. Kevin Comer, United States
- Year
2008
- Abstract
The Rescue Agreement has been the least controversial and discussed of all the space law treaties, partly because of its obvious humanitarian instincts, partly because there has never been a situation where it was likely to be invoked, due to the rare and expensive nature of manned space flight. As a result, problems with the definitions of certain words, like "astronaut," which would have caused enormous problems in a more heavily used agreement, have gone relatively unnoticed. However, with the rise of commercial space travel, both tourism and for other business reasons, the Rescue Agreement deserves to be examined again. While some might argue whether tourists are "astronauts" under the treaty, this is a minor point. The most important point left undiscussed by the treaty is the responsibility for indemnifying would-be rescuers. Because of the expensive and unusual circumstances of space travel, if a spacecraft was in trouble and another spacecraft went to the rescue, that might cause the forced abortion of the mission of the rescuing spacecraft, and the possible loss of billions of dollars. In light of this, a protocal establishing indemnification rights for rescuers should be established, to deal with this situation. In this way, rescuers would know that their multi-billion dollar mission would not totally fail as a result of their humanitarian instincts. Relevant examples from maritime law, and the liability law and insurance approaches of both civil and common law countries, will be analyzed to create a system that will ensure both safety and security for all spacecraft- both those in trouble, and their rescuers.
- Abstract document
- Manuscript document
IAC-08.E8.2.8.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.