SPACE LAW IN THE ERA OF COMMERCIALISATION: SPACE TOURISM AND AEROSPACE VEHICLE

Jiss Anthony,

JSS LAW COLLEGE (AUTONOMOUS)

ABSTRACT

Over time, space law has changed dramatically to handle the complications brought on by the growing commercialization of space. Several legal issues and difficulties are raised by the expanding space tourism industry, especially about the rights and obligations of space traveller and the laws governing aerospace vehicles. This essay offers a succinct summary of international space law, examining important agreements that set the groundwork for space research and the peaceful use of space, such as the Outer Space Treaty (1967) and the Rescue Agreement (1968). Private companies and improvements in aeronautical vehicles have contributed to the growth of space tourism, which has brought about new legal aspects that need close examination. The extent of space tourism is examined, with particular attention paid to its quick growth and the changing legal environment that must take safety, liability, and business interests into account. It also explores the legal position of space tourists, covering topics like their responsibilities, rights, and the international legal structures that control their operations. The article addresses new obstacles in regulating space tourism, such as jurisdictional concerns, accountability for accidents, and the protection of human rights in the special environment of outer space, as the commercial space industry grows. By looking at these topics, this article seeks to give readers a thorough grasp of space law about commercialization, shedding light on the legal ramifications of space travel and the function of global collaboration in guaranteeing the

Keywords: Space, Tourism, Commercialisation, Aerospace,Vehicle,Outer-Space

INTRODUCTION

As important to human progress as the Wright brothers' flight, Gagarin's maiden spaceflight, and the Saturn V "Moon rocket" that launched Aldrin and Armstrong to the Moon might be the development of safe, inexpensive, and commercial private human access to space. The technology for short-term human suborbital flight has been here, as evidenced by SpaceShipOne's successful "launch" from its other plane White Knight in October 2004.

The public's attention has been swiftly captured by this accomplishment. A new industry was created as a result of other businesses launching comparable initiatives. Following SpaceShipOne's accomplishment, businessman Richard Branson signed a deal with its designers to build a larger commercial vehicle that will cost US $200,000 per seat and take Virgin Galactic passengers on a three-and-a-half-hour space flight. Hundreds of people have reportedly registered for this possibility[1]. 

The idea of commercial "space tourism" has undoubtedly captivated people's attention. Like the development of air travel, the public's opinion of commercial space flight has evolved from a fiction to a possibility and is likely to become a reality shortly As a result, substantial funds are being allocated to the ongoing development of Reusable Launch Vehicle (RLV) technology, which is essential to the growth of the space tourism sector. The possibility to offer civilian space tourist trips, especially suborbital flights, is being developed by numerous firms.

As entrepreneurs, scientists, and industrialists conceptualize additional value-added products intended to improve the overall space tourism experience, even more ambitious suggestions have been put out, incorporating orbital transit, hotels, and diverse space activities[2].

A CONCISE OVERVIEW OF INTERNATIONAL OUTER SPACE LAW

The law of space has developed into a distinct body of law within international law.The necessity to agree on regulations to govern activity in this new "frontier" has been a major factor in the remarkably quick evolution since the USSR launched Sputnik 1 in October 1957. Many, but not all, aspects of the usage and exploration of space are now covered by a sizable set of local and international legal standards. Multilateral treaties, United Nations General Assembly Resolutions, a variety of state laws, national court rulings, bilateral agreements, and decisions made by intergovernmental organizations are the primary sources of the principles. 

Five significant multilateral treaties have been completed under the guidance of the United Nations Committee on the Peaceful Uses (UNCOPUOS), the principal international body in charge of formulating international space law.[3]These consist of

1. The Outer Space Treaty, which outlines the principles governing states' activities in outer space, including the exploration and use of the moon and other celestial bodies[4]; 

2. The Rescue Agreement, which outlines the return of astronauts and objects launched into outer space[5];

3. The Moon Agreement;

4. The Convention on Registration of Objects Launched into Outer Space (Registration Agreement)[6];

5. The Convention on International Liability for Damage Caused by Space Objects (Liability Convention)[7]. 

These five treaties address a range of space-related topics. They were developed during the "Cold War" era, nevertheless, when only few nations had the capacity to travel to space. They do not specifically address commercial space tourism activities since it was not envisaged at the time they were finalized that humans would engage in such activities.

Furthermore, the United Nations General Assembly approved five sets of Principles that pertain to different facets of space utilization. The General Assembly's resolutions are by definition nonbinding, and these Principles have generally been regarded as "soft law," even though some of its contents may now be regarded as customary international law. However, in terms of space tourism activities, these principles are typically not very relevant[8].

One issue is the lack of precise international legal guidelines pertaining to space travel. In addition to the impending emergence of extensive private space tourism and space transportation operations, the fact that the ISS is a permanently occupied space station and the possibility of human settlements on celestial bodies also present new and unanswered problems. Without a uniform set of widely accepted international standards, ambiguity will limit the expansion of space tourism businesses. To enable the growth of a sustainable commercial space tourism industry, the principles must, however, strike a good balance between providing certainty and sufficient basic requirements on the one hand, and safeguarding and encouraging innovation on the other. 

SPACE TOURISM: SCOPE, LEGAL FRAMEWORK, AND EMERGING CHALLENGES

The concept of "space tourism" is described as "any commercial activity offering customers direct or indirect experience with space travel" whereas a space tourist is "someone who tours or travels into, to, or through space or to a celestial body for pleasure and/or recreation".[9]

Setting this idea in the right context is crucial. About 500 people have travelled into space since the 1960s. Of these, just a few were tourists. With 88 active astronauts, NASA has the largest astronaut corps in the world. There are eight at the European Space Agency (ESA).[10] The number of people in space will rise sharply as space tourism develops. But the majority of the plans being developed now call for an extremely expensive wrist excursion. It will be an expensive and dangerous journey for a long period, and a decent physical condition is necessary for it. Depending on the length and distance of the mission, even professional astronauts have experienced a variety of medical issues during their time in space that can range from minor to severe, and there is likely still more to learn about the long-term impacts of space flight.

As a result, "space tourism" is an opportunity for the fortunate few who are willing to take certain risks since they are so keen to see the upper atmosphere. Despite these observations, it seems that there are different "types" of potential space tourism experiences. 

The majority of ongoing projects will provide suborbital spaceflight, which includes spaceflights that do not reach orbital velocities. This usually refers to rocket flights that reach an altitude of 100 to 200 kilometres and go essentially straight up and down. Following engine shutdown, the vehicle reaches microgravity for three to six minutes, respectively, before descending back to Earth and reentering the atmosphere. For the vehicle to continue flying along the Earth's curvature and avoid falling back to Earth, orbital velocity must be reached during orbital spaceflight. "Orbital velocity" is the speed needed to maintain an orbit and is influenced by the orbit's altitude. The orbital velocity for a 200-kilometre circular orbit is 28,000 kilometres per hour; this extraordinarily high speed is what makes orbital spaceflight so costly and technically demanding.

To significantly reduce the time it takes to get from one location on Earth to another, intercontinental rocket transport entails space transit. The concept has been around for a while.

Both the military and commercial passenger and cargo transportation may find this idea appealing. The necessary velocity, propellant quantity, and the requirement for a strong thermal protection system (TPS) for safe re-entry, however, present significant technical obstacles. The cost of transporting a person or cargo would be comparable to that of using an RLV, and a practical suborbital transport would need many of the same design elements as an orbital vehicle.

However, the question of "what is space?" is raised by all of this discussion. There is currently no precise legal definition of outer space; in other words, it is not evident where (and how) air space stops and outer space begins. A clear legal distinction between "commercial aviation flights" and "commercial space flights" should now be properly determined for important practical reasons, given the impending advent of space tourist activities, especially involving sub-orbital flights, even though outer space activities have continued to develop without significant restrictions despite this uncertainty. This is even more fitting given that the underlying assumptions of outer space law and air law are completely different[11]. 

Outer space is essentially "free" for use; no sovereign state has to give its prior authorization for tourism activities to occur there. Naturally, there will be a "use" of air space for any space tourism activities that need a launch from Earth (or an air launch like SpaceShipOne) and a return to Earth. The law of air space may be pertinent to the legal position in this regard. A developed body of international law governing commercial aviation was in existence by the time Sputnik 1 started orbiting the planet. These principles are mainly reflected in the provisions of several widely recognized multilateral treaties, the most significant of which are the Chicago Convention[12] on International Civil Aviation, which lays out the legal classification of air space, and the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention)[13], which addresses the liability of air carriers. 

The internal law of air space, as opposed to the international law[14] of outer space, is predicated on the legal presumption that air space largely consists of the "territory" of the underlying State[15]. For instance, each State has full and exclusive sovereignty over the airspace above its borders, according to the Chicago Convention. International customary law reflects this as well. Consequently, the ability of civil and commercial aircraft to enter another state's airspace is restricted[16].

Given the existing lack of a recognized boundary, what regulations ought to govern space travel? In the entire space tourism activity, should space law be applied at some (undefined) point and air law be applied for a portion of the journey? Without a distinct boundary between air space and outer space, this would be an unsatisfactory and unfeasible approach for launching a space tourism vehicle from Earth. It would increase uncertainty. A comprehensive and consistent legal framework that explicitly considers private people's whole journey from launch to return should be the preferable option. Although this is the desired outcome, it will take a long time to finalize such a legislative law. 

LEGAL STATUS OF SPACE TOURISTS: RIGHTS, RESPONSIBILITIES, AND REGULATIONS

Currently, international space law does not mention "tourists," but it does consider space flight by "astronauts" and "personnel of a spacecraft." The Outer Space Treaty states that astronauts are to be considered "envoys of mankind" but does not define what an astronaut is. It mandates that states provide astronauts with "all possible assistance" in the event of an "accident, distress or emergency landing." Although the term "astronauts" appears in the full title and preamble of the Rescue Agreement, the treaty's substantive sections refer to States' responsibilities to rescue and return "personnel of a spacecraft." These obligations are further defined in the Rescue Agreement. Also, the Moon Agreement affirms that "any person" on the Moon must be taken into consideration[17]. 

It's uncertain if a commercial space tourist would be considered an astronaut given the unique status that astronauts are granted. However, it is likely that space tourists would be considered "personnel of a spacecraft" and fall within the Rescue Agreement's rescue and return requirements. Those responsibilities would only apply to certain individuals on a space tourism flight—such as the crew—and not to the paying passengers if this were not the case. The Rescue Agreement should be read to apply to everyone aboard a space tourism voyage since it was "prompted by sentiments of humanity." 

However, this is a matter that requires clarification. The different kinds of persons who are involved in space travel should be specifically mentioned. For instance, the participating space agencies in the ISS project agreed to who was permitted aboard the ISS at the beginning of 2002. It encompassed "professional astronauts/ cosmonauts" as well as "spaceflight participants", including individuals involved in "commercial, scientific and other programmes, crew members of non-partner space agencies, engineers, scientists, teachers, journalists filmmakers, or tourists". The agreement hasn't gone so far as to demand that these participants sign a Code of Conduct, which is necessary for ISS crew members, but it will need to be approved for non-professionals like tourists to travel in spacecraft[18]. 

The provisions of the Liability Convention give rise to an additional legal concern concerning the status of a space tourist. Damage caused by a space object to " Foreign Nationals" when they are involved in its operation, from the time of launch or at any point after that until its fall, is specifically exempt from that instrument. 

Although these terms are a little unclear, space tourists probably wouldn't be considered an exception to this rule because they wouldn't typically be carrying out these duties. Uncertainty may arise, however, in some situations when it comes to the specific functions (if any) that the visitor performs while on board the space object. This is just one of the several things that need to be made clear to create a suitable legal framework for responsibility resulting from space tourism[19].

Before examining this expansive liability regime, it is crucial to examine the core issue of "property rights" in space, a notion that seems to stem from specific space tourism endeavour but contradicts some fundamental principles of the international law of space[20]. 

CONCLSUION

The legal framework governing commercial space activities has to change as space tourism grows. The emergence of private space tourism necessitates a new strategy, as the current treaties and agreements mainly cover governmental space exploration and operations. For the space tourism sector to grow safely and sustainably, a thorough and uniform regulatory framework is required. This entails addressing liability issues, defining the legal border between airspace and outer space, and elucidating the legal position of space tourists. Space tourism can only become a profitable industry with well-defined laws.

REFERENCES

[1]Virgin Galactic, Virgin Galactic to Offer Suborbital Flights Starting in 2009 for $200,000, http://www.virgingalactic.com  (last visited Jan. 15, 2025).

[2] Jacqui Goddard, Up, Up and Ka-Ching, NEWSWEEK (Feb. 2, 2008), http://www.newsweek.com/id/107550 .(last visited Jan. 15, 2025).

[3] United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) was established by the United Nations General Assembly shortly after the launch of Sputnik 1.

[4] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, Jan. 27, 1967, 18 U.S.T. 2410.

[5] Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, Apr. 22, 1968, 672 U.N.T.S. 119.

[6] Convention on Registration of Objects Launched into Outer Space, Jan. 14, 1975, 28 U.S.T. 695.

[7] Convention on International Liability for Damage Caused by Space Objects, Mar. 29, 1972, 24 U.S.T. 2389

[8] Ricky J. Lee & Steven Freeland, The Crystallisation of General Assembly Space Declarations into Customary International Law, 46 Proc. on L. Outer Space 122 (2004).

[9]Zeldine Niamh O'Brien, Liability for Injury, Loss or Damage to the Space Tourist (paper presented at the 47th Colloquium of the International Institute of Space Law, 2004) 

[10] Jeff Foust, So You Want to Be a Rocket Pilot, The Space Review (Apr. 7, 2008), http://www.thespacereview.com/article/1099/1..(last visited Jan. 15, 2025).

[11] R. Thomas Rankin, Note, Space Tourism: Pack, Ugly T-Shirts, and the Law in Outer Space, 36 Suffolk U. L. Rev. 695, 697 (2003).

[12] Convention on International Civil Aviation, Dec. 7, 1944, 59 Stat. 1693 (Chicago Convention).

[13] Convention for the Unification of Certain Rules Relating to International Carriage by Air, Oct. 12, 1929, 49 Stat. 3000 (Warsaw Convention).

[14] Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States), Merits, Judgment, 1986 I.C.J. 14, ¶ 267 (June 27, 1986).

[15] Convention on International Civil Aviation, art. I, Dec. 7, 1944, 15 U.N.T.S. 295.

[16] Convention on International Civil Aviation, arts. 5–6, Dec. 7, 1944, 15 U.N.T.S. 295.

[17] Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, art. 10, Dec. 18, 1979, 1363 U.N.T.S. 3.

[18] Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, preamble, Apr. 22, 1968, 672 U.N.T.S. 119. The preamble of a treaty forms part of the "context" of the instrument, as outlined in the Vienna Convention on the Law of Treaties, May 23, 1969, 1155 U.N.T.S. 331 (VCLT). Additionally, the preamble may assist in determining the "object and purpose" of the treaty, provided it is not inconsistent with the main text.

[19] Commercial Space Launch Amendments Act of 2004, Pub. L. No. 108-492, 118 Stat. 3986 (2004) (amending the Commercial Space Launch Act of 1984, 49 U.S.C. § 70101 (2004)) (providing for amendments to allow human space flight by private corporations). The legislation distinguishes between the "crew" of a space vehicle and a space flight participant.

[20] Convention on International Liability for Damage Caused by Space Objects, art. 7, Mar. 29, 1972, 24 U.S.T. 2389.