The Duty to Rescue Space Tourists and Return Private Spacecraft

Cleveland-Marshall Legal Studies Paper No. 09-167

Journal of Space Law, Forthcoming

42 Pages Posted: 12 Mar 2009 Last revised: 25 Mar 2009

See all articles by Mark Sundahl

Mark Sundahl

Cleveland State University, Cleveland-Marshall College of Law

Date Written: March 23, 2009

Abstract

International space law has long imposed a duty to rescue astronauts and return errant spacecraft to the launching state. However, the existing space law treaties contain a number of gaps and interpretational problems that, among other things, call into question whether the duty to rescue and return applies to space tourists and spacecraft owned by private companies. These issues are of critical importance to the survival of the new space tourism industry, which is made up of a growing number of companies - such as Virgin Galactic, Rocketplane, and Blue Origin - that intend to launch their maiden flights in 2010. The success of these companies will depend on the safety of their passengers and their ability to recover their spacecraft in the event of an accident or unintentional landing in unfriendly territory. This Article makes the case for an expansive interpretation of the treaties which would require states to rescue space tourists and return private spacecraft.

In addition to arguing for a broad interpretation of the duty to rescue and return, this Article explores how the existing treaties should be amended to remedy the flaws, gaps, and ambiguities in the law and what the best procedure for amendment would be. Finally, the Article makes a series of recommendations to assist space tourism companies in formulating their rescue and recovery policies to ensure the safety of their customers and minimize potential liabilities in light of existing space law.

Keywords: space, space law, rescue, treaties, vienna convention

Suggested Citation

Sundahl, Mark, The Duty to Rescue Space Tourists and Return Private Spacecraft (March 23, 2009). Cleveland-Marshall Legal Studies Paper No. 09-167, Journal of Space Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1357524

Mark Sundahl (Contact Author)

Cleveland State University, Cleveland-Marshall College of Law ( email )

2121 Euclid Avenue, LB 138
Cleveland, OH 44115-2214
United States

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