The Legal Challenges of Suborbital Private Space Tourism.

Document Type : Original Article

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College of Law - University of Sharjah

Abstract

This article delves into the realm of private suborbital space tourism, a burgeoning concept frequently used to describe journeys beyond Earth’s atmosphere undertaken by paying passengers merely for pleasure and excitement. Traditionally, space tourism primarily revolved around orbital space tourism, with Dennis Tito’s visit to the International Space Station (ISS) in 2001 as a milestone.  However, space tourism comes in various forms, ranging from extended stays at orbital facilities to brief orbital and suborbital spaceflights and intercontinental point-to-point rocket transportation. Given the absence of a tourist destination in space aside from the ISS, it is increasingly likely that the industry will kick off with suborbital human spaceflights. Currently, private space travel stands at the same juncture as aviation in its early days, needing more legal clarity and requiring new regulations. Legal clarity is crucial to the prosperity and growth of the space tourism industry, considering the flux of private companies entering the market and offering suborbital spaceflights to paying customers. This article attempts to address some of the critical legal issues related to suborbital human spaceflight, including the lack of authoritative definitions, the choice of law dilemma, and the legal status of space tourists. 

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