A NEW INTERNATIONAL CONVENTION TO GOVERN LIABILITY IN RELATION TO COMMERCIAL SPACE TOURISM – IS IT REALLY NECESSARY?

摘要

In order to establish whether a new international convention to govern liability in relation to commercial spacetourism is required, the author commences with an investigation into the lessons learned over the last 80 years by aircarriers, governments and international organizations in the realm of liability for air carriers since the early days offlight in the early 20th century. A review of the current legal position governing liability for activities in spacefollows addressing, inter alia, the following issues:1. A review of the international conventions governing activities in space to the extent that they concern liabilityfor damage to property or loss of human life;2. The current regime in relation to liability established by the State of New Mexico in anticipation of VirginGalactic's inaugural sub-orbital space voyage vis-à-vis its "passengers";3. The extent to which, if at all, insurers of space activities will influence such liability considerations oroperations for future missions/excursions of a commercial nature.The author will then, in conclusion, discuss the advantages and disadvantages of establishing a new internationalregime governing liability for space tourism. The author argues that, on balance, it will be necessary at some point inthe near future to engage state parties, at least from space-faring nations, to work towards a new conventiongoverning liability in relation to commercial space tourism and outlines key provisions which should be dealt withtherein as well as anticipating solutions for the short to medium term. For the avoidance of doubt, this paperconcentrates on sub-orbital space tourism as proposed by Virgin Galactic although acknowledges other forms ofspace tourism where relevant.