Commercial Human Space Flight: Adequacy of the International Liability Regime Governing Suborbital Space Tourists

Abstract

Recent innovations in reusable launch vehicle technology have made commercial human space flight accessible to the general public. Ordinary individuals will now be able to travel into Outer Space as costs of space transportation decrease and reliability of human space flight improves. However, as the emerging space tourism industry grows, it is inevitable that an accident may occur that results in damage to individuals participating in commercial human space flight. This paper explores the adequacy of the existing international liability regime to protect suborbital space tourists in the event of a space vehicle accident. Part II presents a brief overview of the current suborbital space tourism industry. Part III discusses the liability protections accorded to natural persons by the international Outer Space legal framework, particularly under the 1972 Liability Convention. Part IV investigates how the USA is complying with its international liability obligations with respect to suborbital space tourists. The paper briefly concludes that space tourists have no effective remedy under International Law and must look to domestic law for protection. Moreover, the suborbital space tourism industry should be given operational space as it matures to enable the industry to transition from a risk-sharing to a safety liability regime to ensure maximum protection for suborbital space tourists.