Thinking of booking a space trip? Here are 6 things to consider
Don’t just think about the price
Where does space start, anyway?
Despiteassertions to the contrary, there is no legal definition of “outer space”, and thus no official boundary where airspace ends and outer space begins. In the past, the International Aeronautical Federation has looked to thevon Karman line, but this does not coincide with the boundary of any of the atmosphere’s scientifically defined layers, and theUN Committee on the Peaceful Uses of Outer Space, which deals with such issues, has not yet resolved the question.
Conveniently for Branson, 80km has beenproposedby some experts as an appropriate boundary.
Outer space is undeniably influenced by Earthly geopolitics. Essentially, the larger space-faring countries see no need to legally define a boundary that would clearly demarcate the upper limits of their sovereignty.
Will you be an ‘astronaut’?
The1967 UN Outer Space Treatydesignates astronauts as “envoys of (hu)mankind in outer space”. Certainly, that seemed to be the case as the world watched the historic Apollo 11 Moon landing and prayed for a safe return of the stricken Apollo 13 capsule. However, the1968 UN Rescue Agreementrefers to “personnel of a spacecraft”, which may imply not everyone on board should be considered a fully fledged astronaut.
Of course, these legal niceties won’t deter space tourism companies from awarding “astronaut wings” to their passengers.
What laws apply when things go wrong?
The1986 Challengerand2003 Columbiashuttle disasters are stark reminders of the dangers of space travel. Human space travel has always involved determining acceptable levels of risk for trained astronauts. But commercial space tourism is different to state-sponsored space programs, and will need the highest possible safety standards.
Commercial space travel will also require a system of responsibility and liability, for cases in which a space tourist suffers injury, loss or damage.
Space tourists (or their families) can’t claim for compensation under the1972 UN Liability Conventionwhich, in terms of space, applies only to collisions between space objects such as satellites and space debris. While there may be scope to take legal action under national laws, it is likely space tourists will be asked to sign carefully worded waivers of liability.
The same is probably true ofinternational air law, which applies to “aircraft” — a designation space tourism operators will understandably be keen to avoid.
Ultimately, we may need to develop a system of “aerospace law” to govern these suborbital flights as well as “transorbital” transport such as thekeenly envisagedflights that might one day take passengers from Sydney to London in just a few hours.
What activities should be allowed in space?
The advent of space tourism will give rise to some interesting ethical questions. Should there be advertising billboards in space? What about casinos, or brothels? On what legal basis should these things be restricted?
How does tourism fit with the underlying philosophy of space law: that the exploration and use of outer space “shall be carried out for the benefit and in the interests of all countries”?
Will space tourism harm the environment?
Space tourism will inevitably put pressure on Earth’s environment – there areclaimsthat space vehicles may one day become the world’s biggest source of carbon dioxide emissions. We will need to manage space traffic carefully to avoid disastrous collisions and steer clear ofspace debris.
If tourists go to the Moon, they may cause pollution or damage the heritage of earlier exploration, such asNeil Armstrong’s footprints.
Will tourism workers have to live in space?
If space tourism does become truly widespread, it will need infrastructure and perhaps even staff. People may end up living permanently in space settlements, perhaps having children who will be born as “space citizens”. What legal rights would someone have if they were born at a Moon base? Would they be subject to terrestrial laws, or some version of current international legal rules for outer space?
These are obviously questions for the future. But given the excitement generated by the brief journeys of a couple of wealthy entrepreneurs, we should start contemplating them now. Outer space is the new frontier, but it is not — and must not — be a lawless one.
Article bySteven Freeland, Professorial Fellow, Bond University / Emeritus Professor of International Law, Western Sydney University,Western Sydney University
This article is republished fromThe Conversationunder a Creative Commons license. Read theoriginal article.
Story byThe Conversation
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