Legal challenges relating to the commercial use of outer space, with specific reference to space tourism
MetadataShow full item record
Since the launch of the first artificial satellite, Sputnik 1 in 1957, the outer space arena has evolved to include non-state entities, which are becoming serious participants in outer space activities themselves, including venturing into the space tourism market. Although space tourism is still in its infancy, it is estimated that the number of space tourists will substantially increase within the next few years. As space tourist activities increase, accidents will inevitably occur, which will give rise to legal questions relating to the duty of states to rescue space tourists in distress, and the liability for damages. This contribution points out that the current outer space treaty regime, which focuses on the use of outer space by states, is to a large extent outdated and that it cannot adequately deal with the unique legal challenges presented by the rapidly developing space tourism industry. This situation is exacerbated by the fact that the outer space legal framework is very fragmented – consisting of treaties, UN principles and guidelines, regional regulations and intergovernmental agreements, as well as national guidelines and legislation. In order to ensure that space tourism is indeed to the benefit of all mankind, it is imperative that clear international legal rules relating to space tourism be formulated, where standards are set for the authorisation and supervision of commercial space activities and the interests of states, passengers and private actors are balanced as far as possible. In view of the urgent need to address these legal questions and the consequent lack of time to negotiate a binding legal instrument, it is submitted that, as an interim measure, soft law guidelines should be developed in relation to space tourism in order to provide a framework for the 2 eventual creation of a consolidated and binding legal instrument on all aspects relating to the use and exploration of outer space.
Showing items related by title, author, creator and subject.
De Bruyn, Joseph (Sabinet, 2013)Applying cognitive linguistics to the text of Psalm 2 is shown to be indispensable for a more comprehensive understanding of this psalm. Studying the poet’s use of cognitive concepts such as “heaven” and “earth”, as well ...
Selected legal challenges relating to the military use of outer space, with specific reference to Article IV of the outer space treaty Ferreira-Snyman, Anél (2015)Since the end of the Second World War the potential use of outer space for military purposes persisted to be intrinsically linked to the development of space technology and space flight. The launch of the first artificial ...
Standard versus strict bounded real lemma with infinite-dimensional state space. I. The state-space-similarity approach Ball, Joseph A.; Groenewald, Gilbert J.; Ter Horst, Sanne (Theta Foundation, 2018)The bounded real lemma, i.e., the state-space linear matrix inequality characterization (referred to as Kalman--Yakubovich--Popov or KYP-inequality) of when an input/state/output linear system satisfies a dissipation ...