An Analysis of the Legal Issues Concerning Private Manned Spaceflight

Abstract

Humanity as a whole is currently entering a new chapter in its brief history as technological advancements incorporate commercial aspirations to allow humans to venture into outer space. Ever since the Soviet Union successfully launched Sputnik I into orbit in 1957, humankind has been engaged in an ambitious journey to reach for the stars. 60 years on and the ‘Space Age’ is truly among us, as significant, political, military and scientific developments have ushered in a collective effort to ensure that outer space will no longer be the exclusive domain of astronauts. Instead it seems the current objective among private entities is to pave a way forward to allow for the commercial transportation of ‘ordinary individuals’ into outer space. However, whilst these are exciting times, it is vital that all entities involved in the prospective manned exploration of outer space recognize that difficult legal questions exist that could potentially inhibit this venture. Most international and national legislations which dictate the activities revolving around the air and outer space were constructed during a period of time where commercial manned spaceflight was not a technologically feasible venture. In turn, this ensured that such an ambitious goal was not a prominent consideration in the minds of the drafters of the said legislations. Hence, by addressing these issues, there is an opportunity to significantly develop appropriate legal regulations to govern this rapidly evolving area. Thus, the purpose of this research paper is to analyze and examine the key legal implications of private manned spaceflight in accordance with both international and national legislations. The eventual aim of this analysis is to provide an insight into what aspects of the existing legal framework need to be developed in order to ensure endeavors in outer space are not actively discouraged.