Aloha and the Regulation of Commercial Spaceports

Abstract

Despite numerous setbacks and delays, it seems that with the passing of each year the space industry is one step closer to seeing the actualization of the second Space Age come to fruition. While there have been monumental breakthroughs in the space industry within the last 5 years, such as the Rosetta mission, what the space industry needs now is a significant breakthrough in the commercial sector. With commercial spaceports and suborbital operators being at the forefront of space industry development, it seems that a significant part of the breakthrough that is needed will come from the commercial human spaceflight industry. However, such breakthroughs seldom happen without risks and these risks open up the space industry to an enormous amount of liability exposure. For this reason, this article proposes the need for a Space Safety Institute recognized by the U.S. Congress and the United Nations to be established. This Space Safety Institute should be industry created and aim to develop, enforce, and adopt standards of excellence to allow the industry to thrive especially in terms of liability and insurance. This article will analyze the current policies different states have regarding liability issues facing commercial spaceports. Due to the amount of space activity currently happening in the United States, there will be a focus on U.S. Federal policies as well as the particular effect on the development of the proposed spaceport at Kona International Airport in Hawaii. Finally, this article suggests recommendations for the current challenges of liability facing the space industry development by establishing a Space Safety Institute. This Space Safety Institute will help the industry continue to grow by providing a framework for spaceport developers to legally protect themselves from liability. Ultimately, the space industry as a whole should strive for a global Space Safety Institute to be established.