Space tourism, private spaceflight and the law: Key aspects

The arrival of ‘space tourism’, or more appropriately ‘private spaceflight’, requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorisation and supervision, liability and registration, and how they reflect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first and foremost by national legislative interests on a domestic level, before (possibly) reaching the level of international law. The possible use of air law or even adventure tourism law to regulate relevant activities is also touched on.     

Assuring the sustainability of space activities

The growth of new space systems and the continued creation of orbital debris could in a few years make activities in Earth orbit unsustainable, so finding cost-effective ways to sustain space activities in Earth orbit is essential. Because outer space activities serve the needs of the military–intelligence, civil, and commercial communities, each with their own requirements, creating the necessary international agreements for reaching and maintaining a condition of sustainability will not be easy. This paper summarizes the primary issues for the international space community regarding our future ability to reap the benefit of space systems in Earth orbit. It explores several of the efforts to develop international agreements that would lead to or support the sustainability of space activities and examines the benefits and drawbacks of each approach. In particular, it reviews progress within the UN COPUOS, and examines the EU's proposal for an international Code of Conduct for Outer Space Activities. It also notes the need for states to establish or expand their own space legal infrastructure to conform to the UN treaties and guidelines for space activities.     

The PCA Rules for dispute settlement in outer space: A significant step forward

Outer space activities have evolved significantly. While they were previously the exclusive domain of a restricted number of states, now thanks to technological advances and the easing of governmental restrictions, space activities are carried out on a much larger scale and involve subjects of both a governmental and non-governmental nature. Furthermore, the commercial uses of outer space are making space business increasingly profitable and attractive to potential investors. As the economic value of outer space activities, as well as the number of space actors grows, it is nearly inevitable that international disputes related to the use of outer space will occur. Until recently, international space law contained little dedicated machinery to settle international outer space-related disputes. This absence significantly weakened the applicability and enforceability of space law and contributed to a climate of uncertainty. In order to address these issues, the Permanent Court of Arbitration (PCA) adopted the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities on 6 December 2011. The PCA Space Rules represent a significant development in the field of space law because they provide a voluntary and binding dispute settlement method accessible to all space actors and modeled on the specific legal and economic characteristics of space activities. This paper describes the genesis of the PCA Space Rules, assesses their content and innovative character, evaluates their possible implications for the settlement of outer space disputes, and argues that they should be positively received by the outer space community.     

Space law and policy 2010: The IISL–IAA symposium

The first of a new series of annual symposia organized by the IISL and the IAA, in partnership with others, was held in Washington, DC in May 2010. It examined the effect of space law on international civil, commercial and governmental space activities, with the emphasis on US activities in particular. The importance of developing appropriate legal mechanisms to assure the sustainability of space was highlighted, as was the need for the legal profession to explain the differences between various legal tools for space governance. With the growing involvement of new states in space, the current legal regime may need to be amended.     

Ukrainian national space law from an international perspective

As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonising its legislation with that of its international political and economic partners and of creating clear guidelines for investors. This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the effect of international cooperation on Ukrainian space law development.     

Commercialization of space activities: Legal requirements constituting a basic incentive for private enterprise involvement

Commercialization of space activities requires a legal framework for private investors and entrepreneurs in order to promote and develop this sector of industry into a fully-fledged commercial enterprise. Apart from the already existing international public legal framework of space law, rules should be created to provide a level playing field for all interested parties. These rules should point to transparency of risks and liabilities and liberalization of the various space market segments. Another legal instrument will be that of dispute resolution among participants in the arena of space activities. For the more distant future the Moon Agreement should be reassessed in the light of resources exploration, management and exploitation against the background of private enterprise involvement.     

Shaping a legal framework for the commercial use of outer space: recommendations and conclusions from Project 2001

Private and commercial activity in outer space still poses challenges to space law and policy. Within ‘Project 2001’—a legal research project by the University of Cologne's Institute of Air and Space Law and the German Aerospace Center (DLR)—six international expert working groups examined international and national laws, in order to identify gaps and, where necessary, propose improvements to the present legal framework for private space activities. The results were presented and discussed at an international colloquium in May 2001 in Cologne, Germany, where final conclusions have been drawn. This report presents a summary of the project's work and main conclusions, which are documented in full in a comprehensive book to be published in May 2002.     

Space commercialization and the law

This article examines the current legal status of commercial activities in space and describes the legislation — both national and international — existing for their regulation. The question of who is responsible for the action of non-governmental entities is thoroughly discussed, as is the notion of freedom of enterprise. Finally the author looks at the most commercialized areas of space activities — telecommunications and Earth observations — before drawing some conclusions on likely future trends in the privitization and regulation of space activities.     

The commercial development of space: is an international regulatory framework needed?

The commercial space sector to date has failed to develop comprehensive regulations--"rules of the road"--for its international activities. Within the next 5 years, conflicts with respect to international trade in satellite sales and launch services could emerge, highlighting the need for such a regulatory framework. If the commercial space sector is to continue to develop, it is important to begin discussions now, before these conflicts become significant, on the elements of an appropriate international regulatory framework. The existing framework for space activities was developed when government, not commercial, space activities were dominant, or was adapted from regulations in other sectors such as terrestrial telecommunications.     

Arms control and disarmament in space: the rough road to Vienna 1984: Part I

This article examines the international legal and diplomatic questions relating to arms control and disarmament, focusing on space-based activities. These relate importantly to the development of anti-satellite satellites (ASATs) and ballistic missile defence systems (BMDs). Part I of the article examines the goal of ‘peaceful uses’ of outer space as elaborated in national policies and in international fora, the debate that has has taken place at the international level over the meaning and definition of peaceful purposes, legal manoeuvres, particularly in the UN, and US responses, and recent Soviet initiatives relating to space militarization. Part II will appear in the next issue, and will consider the US Presidential-Congressional dialogue on these questions and recent Presidential initiatives.     

Legal science as catalyzer of SETI science, engineering and operations

Law is the oldest social science; in this condition it has a protagonic role in the development of other sciences, engineering and operations, because it allows them to aim for the desired goal in order and in a frame of legal possibility.The search for extraterrestrial intelligence implies the will of establishing a further relation. Relationships imply law.The role of law is not only participative as in multidisciplinary programs, but also interdisciplinary in the sense of harmonizing the several legal frameworks of the diverse sciences.SETI protocols I and II show, since their first draft, the harmonizing role of law. They are appropriated guidelines for a code of ethics and a code of conduct.The refinement of the concepts must be continued to reach finally the legal principles that shall govern these activities. Principles must be established before the production of facts, because law as a science, does not conceive the lacunae. Moreover, space law has always anticipated the technical facts hierarchizing its scientific condition.     

The legal regime for private space tourism activities—An overview

“Space tourism” denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.     

Mission success regulations,their effect on ELV launch success and the applicability to regulating commercial human spaceflight

As the human spaceflight industry grows the agencies charged with regulating that industry meet significant challenges. An improvement in launch success would improve the safety for the crew and passengers of a commercial human spaceflight. With respect to ELV launches, NASA's regulations over civil launches are mission success oriented while commercial launches regulated by the FAA-AST, the agency that will also be charged with human spaceflight, takes a more public safety oriented stance. A comparison of the launch success between civil and commercial launches is used to inform the decision on whether or not mission success would be an appropriate regulatory stance for the FAA-AST. The results show that there is no significant difference in launch success between civil and commercial ELV launches. Because of this and because the industry is wary of over regulation, there is indication that a mission success oriented stance might not be appropriate for regulating commercial human spaceflight.     

The European Union draft Code of Conduct for outer space activities: An appraisal

The European Union draft Code of Conduct for outer space activities is one of the primary international initiatives, that are currently active, to enhance the safety, security and sustainability of outer space activities. Although the spirit underlying the instrument is commonly shared by space-faring countries, substantial disagreement exists among States as to some of its core provisions. This article proposes that the Code of Conduct should make a clear distinction between commercial activities and military activities, and adopt more balanced measures on the restriction of military activities in outer space.     

Overcoming barriers to space travel

This viewpoint argues that the barriers preventing human expansion into space are not scientific but political and legal - an inability to secure funding; artificially high costs created by punitive insurance premiums and excessive bureaucracy; and uncertainty and disagreement about the extent and implications of legal regulation of space activities. Construction on Earth of a ‘metanation’ to oversee the governance of outer space is advocated as a possible solution.     

Legal regulation of space activities in Russia

Space activities in the former USSR were regulated by numerous decisions and regulations, most of them inaccessible to the public. But despite its important space programme the state had no specific space legislation. The country's lawyers for years argued the necessity for a unified space act and the creation of a space agency. The authors of this article discuss the regulation of space activities since the break-up of the USSR. The situation is considered in two aspects: the legal regulation of cooperation within the Commonwealth of Independent States (CIS) in the exploration and use of outer space, and the legal and organizational bases of space activities in Russia after the creation of the Russian Space Agency in 1992. Appropriate agreements and other legal documents are considered.     

The National Space Biomedical Research Institute's education and public outreach program: Working toward a global 21st century space exploration society

Space Exploration educators worldwide are confronting challenges and embracing opportunities to prepare students for the global 21st century workforce. The National Space Biomedical Research Institute (NSBRI), established in 1997 through a NASA competition, is a 12-university consortium dedicated to space life science research and education. NSBRI's Education and Public Outreach Program (EPOP) is advancing the Institute's mission by responding to global educational challenges through activities that: provide teacher professional development; develop curricula that teach students to communicate with their peers across the globe; provide women and minority US populations with greater access to, and awareness of science careers; and promote international science education partnerships.A recent National Research Council (NRC) Space Studies Board Report, America's Future in Space: Aligning the Civil Program with National Needs, acknowledges that “a capable workforce for the 21st century is a key strategic objective for the US space program… (and that) US problems requiring best efforts to understand and resolve…are global in nature and must be addressed through mutual worldwide action”. [1] This sentiment has gained new momentum through a recent National Aeronautics and Space Administration (NASA) report, which recommends that the life of the International Space Station be extended beyond the planned 2016 termination. [2] The two principles of globalization and ISS utility have elevated NSBRI EPOP efforts to design and disseminate science, technology, engineering and mathematics (STEM) educational materials that prepare students for full participation in a globalized, high technology society; promote and provide teacher professional development; create research opportunities for women and underserved populations; and build international educational partnerships.This paper describes select EPOP projects and makes the case for using innovative, emerging information technologies to transfer space exploration knowledge to students, engage educators from across the globe in discourse about science curricula, and foster multimedia collaborations that inform citizens about the benefits of space exploration for life on Earth. Special references are made to educational activities conducted at professional meetings in Austria, Canada, France, China, Greece, Italy, Russia, Scotland and Spain.     

Challenges to US space sustainability

With space now crucial to such a wide range of activities on Earth, the USA must ensure the sustainability of its efforts, a task that involves technological feasibility and political will. Near-term challenges include US human access to space and the Shuttle transition, funding NASA sufficiently in a time of recession, and rebuilding the country's space industrial base. Longer-term challenges will be better protecting the space environment (including the electromagnetic spectrum) from overcrowding and the effects of space weather and NEOs, and defining responsibilities for distributing climate change data and recognition of property rights for the commercial development of in-space resources. As an aid to dealing with these challenges the USA must ask itself whether there is a human future in space and seek to answer the question in the course of human and robotic exploration beyond Earth.     

Conceptualizing an economically,legally, and politically viable active debris removal option

It has become increasingly clear in recent years that the issue of space debris, particularly in low-Earth orbit, can no longer be ignored or simply mitigated. Orbital debris currently threatens safe space flight for both satellites and humans aboard the International Space Station. Additionally, orbital debris might impact Earth upon re-entry, endangering human lives and damaging the environment with toxic materials. In summary, orbital debris seriously jeopardizes the future not only of human presence in space, but also of human safety on Earth. While international efforts to mitigate the current situation and limit the creation of new debris are useful, recent studies predicting debris evolution have indicated that these will not be enough to ensure humanity?s access to and use of the near-Earth environment in the long-term. Rather, active debris removal (ADR) must be pursued if we are to continue benefiting from and conducting space activities. While the concept of ADR is not new, it has not yet been implemented. This is not just because of the technical feasibility of such a scheme, but also because of the host of economic, legal/regulatory, and political issues associated with debris remediation. The costs of ADR are not insignificant and, in today?s restrictive fiscal climate, are unlikely/to be covered by any single actor. Similarly, ADR concepts bring up many unresolved questions about liability, the protection of proprietary information, safety, and standards. In addition, because of the dual use nature of ADR technologies, any venture will necessarily require political considerations. Despite the many unanswered questions surrounding ADR, it is an endeavor worth pursuing if we are to continue relying on space activities for a variety of critical daily needs and services. Moreover, we cannot ignore the environmental implications that an unsustainable use of space will imply for life on Earth in the long run. This paper aims to explore some of these challenges and propose an economically, politically, and legally viable ADR option. Much like waste management on Earth, cleaning up space junk will likely lie somewhere between a public good and a private sector service. An international, cooperative, public-private partnership concept can address many of these issues and be economically sustainable, while also driving the creation of a proper set of regulations, standards and best practices.     

Consideration of space activities by the UN general assembly

The thirty-ninth session of the United Nations General Assembly affirmed ‘that complete and general disarmament warrants that outer space should be used exclusively for peaceful purposes and that it shall not become an arena for an arms race’.This text appears in the first of two important resolutions concerning outer space adopted by the General Assembly during its last session. Also in the first resolution, entitled ‘Prevention of an Arms Race in Outer Space’ (A/39/59 of 12 December 1984), the Assembly called upon all states, particularly those with major space capabilities, to contribute actively to the objective of the peaceful uses of outer space and to take immediate measures to prevent an arms race in outer space in the interest of maintaining international peace and security and promoting international cooperation and understanding.