The Sub-Orbital Private Space Flights May Require a Law Suit to Escape Benefit Sharing

摘要

After describing the suborbital private space flight agenda and detailing the possible space treaty problems that may apply, such as the prohibition of simple commerce in outer space, a possible lock-step and blanket defense is proposed. The principal problem is that short term tours into space are clearly for commercial purposes and are currently not being considered part of the existing OST call for international cooperation to achieve a 'benefit for all mankind.' The possible ways to present a defense are detailed. A federal district court lawsuit in the US is recommended to adjudicate this close case so that the industry may avoid benefit sharing obligations later.