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The Legal Framework of Suborbital Flights
Perspectives from Air Law and Space Law
Series: - Studies in Space Law, Volume: 29
Flights that reach very high altitudes but do not enter Earth orbit are commonly known as âsuborbital flightsâ. It is not clear whether â from the legal perspective â they are space or aviation activities. In practice, they include scientific and research missions, and more recently also commercial applications, such as transportation services and flights with crews and passengers, often referred to as âspace tourismâ. These activities raise numerous legal questions, including registration, responsibility, liability and insurance as well as environmental protection.
This book contains perspectives on the applicable legal framework from experienced air and space law experts.
This book contains perspectives on the applicable legal framework from experienced air and space law experts.
Irmgard Marboe is professor of international law at the University of Vienna and head of the ECSL National Point of Contact for Space Law. She is a regular member of the Austrian delegation to UNCOPUOS and chaired the Working Group on National Space Legislation.
Stephan Hobe is holder of the Jean-Monnet Chair for Public International Law, European Law and International Economic Law, and the Director of the Institute of Air Law, Space Law and Cyber Law at the University of Cologne, Germany. He chaired the ILA Space Law Committee for many years.
Stephan Hobe is holder of the Jean-Monnet Chair for Public International Law, European Law and International Economic Law, and the Director of the Institute of Air Law, Space Law and Cyber Law at the University of Cologne, Germany. He chaired the ILA Space Law Committee for many years.
Contents
Foreword
Acknowledgements
List of Figures and Tables
List of Acronyms and Abbreviations
List of Legal Documents
Notes on Contributors
Introduction: Background and Terminology
âIrmgard Marboe and Stephan Hobe
âPART 1
General Overview of Suborbital Flights
1 Space or High Altitude: Whatâs in a Name?
âSara Dalledonne, Gabriele Redigonda and Justine Dousset
2 High Altitude Activities for Science and Research with Sounding Rockets and Stratospheric Balloons
âOtto Koudelka and René Laufer
3 Space Tourism
âNorbert Frischauf
4 The FAST20XX EU Project and the Legal Aspects of Suborbital Flights
âRafael Moro Aguilar
5 Suborbital Flights and Sustainability: The International Environmental Regime Applicable to Activities Sub-orbit
âMarkus P. Beham
âPART 2
Authorisation and Supervision
6 Authorisation and Supervision under Air Law: International, European and National Legal Framework
âSigmar Stadlmeier
7 Authorisation and Supervision under Air Law: A Model for Suborbital Flights?
âElmar M. Giemulla
8 Authorisation and Supervision under Space Law and the Regulation of Suborbital Flights
International Perspectives and National Implementation in Australia, New Zealand and the United States of America
âSteven Freeland
9 Perspectives on Authorisation and Supervision of Suborbital Flights in Europe
âIrmgard Marboe
âPART 3
Responsibility
10 Suborbital Flights: Responsibility under Air Law, the Role of States and Operators
âKonstantinos I. Andritsos
11 Who Is Legally Responsible? The Responsibility Regime in International Space Law and Its Relevance for Non-orbital Flights
Perspectives from the East Asian Spacefaring Nations
âSetsuko Aoki
12 Frequency Spectrum for Suborbital Flights: Between Air and Space?
âMahulena Hofmann
âPART 4
Registration
13 Registration of Aircraft
âSigmar Stadlmeier
14 Registration of Suborbital Flights under Space Law
âTanja Masson-Zwaan
âPART 5
Liability
15 Liability of Air Carriers and Aircraft Operators and the Relevant Insurance Considerations
âWolf Müller-Rostin
16 Liability and Insurance under Space Law and their Applicability to Non-orbital Space Flights
âFrans von der Dunk
âPART 6
Crew and Passengers
17 Crew and Passengers in Suborbital Flights from the Perspective of Air Law
âBenjamyn I. Scott and Yuran Shi
18 The Legal Status of Astronauts and Its Relevance for Suborbital (Nonorbital) Flights
âMarco Pedrazzi
âPART 7
Facilities: Airports and Spaceports
19 Legal Requirements for the Construction and Operation of Airports under International and National Law
âStephanie Stipsits
20 The Legal Framework of Spaceports: Licenses, Conditions, and Competent Authorities in the Americas
âOlavo de Bittencourt Neto and Melissa Force
21 Construction and Operation of Spaceports in Europe: Legal Situation and Current Developments
âSergio Marchisio
âPART 8
Conclusions and Recommendations
22 The Work of the ILA Space Law Committee on the Rules for Nonorbital Spaceflight
âRada Popova
Index
Foreword
Acknowledgements
List of Figures and Tables
List of Acronyms and Abbreviations
List of Legal Documents
Notes on Contributors
Introduction: Background and Terminology
âIrmgard Marboe and Stephan Hobe
âPART 1
General Overview of Suborbital Flights
1 Space or High Altitude: Whatâs in a Name?
âSara Dalledonne, Gabriele Redigonda and Justine Dousset
2 High Altitude Activities for Science and Research with Sounding Rockets and Stratospheric Balloons
âOtto Koudelka and René Laufer
3 Space Tourism
âNorbert Frischauf
4 The FAST20XX EU Project and the Legal Aspects of Suborbital Flights
âRafael Moro Aguilar
5 Suborbital Flights and Sustainability: The International Environmental Regime Applicable to Activities Sub-orbit
âMarkus P. Beham
âPART 2
Authorisation and Supervision
6 Authorisation and Supervision under Air Law: International, European and National Legal Framework
âSigmar Stadlmeier
7 Authorisation and Supervision under Air Law: A Model for Suborbital Flights?
âElmar M. Giemulla
8 Authorisation and Supervision under Space Law and the Regulation of Suborbital Flights
International Perspectives and National Implementation in Australia, New Zealand and the United States of America
âSteven Freeland
9 Perspectives on Authorisation and Supervision of Suborbital Flights in Europe
âIrmgard Marboe
âPART 3
Responsibility
10 Suborbital Flights: Responsibility under Air Law, the Role of States and Operators
âKonstantinos I. Andritsos
11 Who Is Legally Responsible? The Responsibility Regime in International Space Law and Its Relevance for Non-orbital Flights
Perspectives from the East Asian Spacefaring Nations
âSetsuko Aoki
12 Frequency Spectrum for Suborbital Flights: Between Air and Space?
âMahulena Hofmann
âPART 4
Registration
13 Registration of Aircraft
âSigmar Stadlmeier
14 Registration of Suborbital Flights under Space Law
âTanja Masson-Zwaan
âPART 5
Liability
15 Liability of Air Carriers and Aircraft Operators and the Relevant Insurance Considerations
âWolf Müller-Rostin
16 Liability and Insurance under Space Law and their Applicability to Non-orbital Space Flights
âFrans von der Dunk
âPART 6
Crew and Passengers
17 Crew and Passengers in Suborbital Flights from the Perspective of Air Law
âBenjamyn I. Scott and Yuran Shi
18 The Legal Status of Astronauts and Its Relevance for Suborbital (Nonorbital) Flights
âMarco Pedrazzi
âPART 7
Facilities: Airports and Spaceports
19 Legal Requirements for the Construction and Operation of Airports under International and National Law
âStephanie Stipsits
20 The Legal Framework of Spaceports: Licenses, Conditions, and Competent Authorities in the Americas
âOlavo de Bittencourt Neto and Melissa Force
21 Construction and Operation of Spaceports in Europe: Legal Situation and Current Developments
âSergio Marchisio
âPART 8
Conclusions and Recommendations
22 The Work of the ILA Space Law Committee on the Rules for Nonorbital Spaceflight
âRada Popova
Index
Space and aviation engineers, space agencies, aviation authorities, new space entrepreneurs, law and policy makers at the national and international levels, students and academics in international law, air law and space law, non-governmental organisations.