Between heaven and earth: The legal challenges of human space travel

Abstract

Since the first space object was launched into orbit in 1957, humankind has been engaged in a constant effort to realise ever more ambitious plans for space travel. Probably the single most important element in this ongoing evolution is the development of technology capable of transporting large numbers of passengers into outer space on a commercial basis. Within the foreseeable future, space will no longer be the sole domain of professionally trained astronauts or the exceptionally wealthy. The prospects for both suborbital and orbital private human access to space give rise to some interesting and difficult legal questions. It also opens up an exciting opportunity to develop an adequate system of legal regulation to deal with these activities. The existing international legal regimes covering air and space activities are not well suited to large-scale commercial access to space, largely because they were developed at a time when such activities were not a principal consideration in the mind of the drafters. The lack of legal clarity represents a major challenge and must be addressed as soon as possible, to provide for appropriate standards and further encourage (not discourage) such activities. This article will examine some of the more pressing legal issues associated with the regulation of space transportation of passengers on a commercial basis, seen in the light of Article 1 of the Outer Space Treaty of 1967, which states that the 'exploration and use of outer space [y] shall be carried out for the benefit and in the interests of all countries [y] and shall be the province of all mankind'. An appropriate balance must be found between the commercial and technological opportunities that will arise and the principles upon which the development of international space law have thus far been based.

Psychology of space tourism marketing, technology, and sustainable development: From a literature review to an integrative framework

“…“New tourism” refers to adventurous and idiosyncratic activities that outweigh the high level of risk involved therein (Mehran et al, 2020). The adventurous component of space travel is, as Goehlich (2005) points out, rooted in the idea that “exploring [the] frontiers of space stimulate the spirit in the same way as climbing Mount Everest.” Masson‐Zwaan and Freeland (2010) claim that such a touristic activity is designed for a small number of tourists who are both capable of accepting certain risks and prepared to do so. Thus, “new” space tourism attracts individuals who are risk‐takers and novelty seekers.…”

“…Existing literature confirms controversial debates regarding the psychological marketing strategies adopted to realize space flight as a reality. Therefore, misleading conceptualization occurs in designing adventurous and idiosyncratic space services, and concerning the legitimacy of ethical issues (e.g., cooperation of entities in the industry trade group pollution in the space environment, protection of heritage sites, General Data Protection Regulation [GDPR], human biomedical issues) in the market (Denis et al, 2020; Masson‐Zwaan & Freeland, 2010). Second, based on the theory of Economic Development, the emergence of new industries entails difficulties in understanding and predicting consumer behaviors (Schumpeter, 1961).…”

Regulating private human suborbital flight at the international and European level: Tendencies and suggestions

“…Such guidelines could develop and harmonize some rules governing the liability of the operator towards passengers and third parties, and could also include provisions destined to ensure safety of the suborbital manned flights. Some of them could be modeled after international air law [33]. In the next section we will briefly discuss the two bodies that could regulate suborbital flight or develop such a new regime at the international level, COPUOS and ICAO.…”

“…This would not contribute to the legal certainty and to the uniformity that are required to sustain the nascent human suborbital industry. It is preferable to apply a single regime to all suborbital ''space tourism'' concepts [71].…”

O regime jurídico dos astronautas: prerrogativas diplomáticas

“…A expressão turismo espacial não é amplamente aceita e, para alguns autores, não condiz com a realidade das atividades desempenhadas pelos passageiros. Por isso, Tanja MASSON-ZWAAN e Steven FREELAND 479 apontam diferenças entre voos suborbitais, voos espaciais e transporte em foguete intercontinental, ao ponto de sugerirem a utilização, ao menos por ora, da expressão viagem espacial privada. Em síntese, para os mencionados autores, os voos suborbitais se caracterizam pela permanência de 3 a 6 minutos em microgravidade, alcançando altitude de cerca de 100km; nos voos espaciais se alcança velocidade orbital (28.000 km/h) para uma órbita circular de 200km, tornando-o muito mais complexo e custoso; e o transporte em foguete intercontinental, por fim, ocorre exclusivamente no espaço e se presta a encurtar substancialmente o tempo de viagem de um ponto a outro, com maior complexidade e gastos ainda mais elevados.…”