by Irina Ryzhenko1
and Olena Halahan2
1 Kherson State University (Kherson, Ukraine)
2 Kherson State Maritime Academy (Kherson, Ukraine)
Received: January 27, 20200 / Accepted: February 17, 2020 / Published: May 1, 2020
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The article analyzes the state of legal regulation of the process of organization and implementation of space tourism, defines the features of its application and its place in modern international space law. The legal norms in the field of space travel and the legal bases of their organization were analyzed. An attempt to analyze the legal status of persons taking part in space missions was made. The issue of the international legal personality of the participants of the space tourist service contract was investigated. Particular attention was paid to the legal status of space tourists. The content of the definition of “cosmonauts as messengers of humanity into space” was analyzed. The issues of the risks inherent in space tourism activities and the international legal liability of the parties to the space tourist services contract were considered. It has been stated that a space traveler has a certain amount of rights and obligations throughout the period, from the beginning of preparation to the journey and ending with the period after returning to Earth. An indicative list of space tourists’ rights has been restated, and examples of their obligations and limitations in time and space have been provided. It was noted that the legal status of persons who have the status of space tourists, does not coincide with the status of professional astronauts, despite the fact that the first and second performing space travel. It is proved that the concept of “space tourist” is an integral part of the concept of “participant of space flight”. The study found that space tourists have the opportunity to undertake space travel on the basis of a contract for space tourist services and solely on a commercial basis. It was stated that the activities to be conducted while the tourist is in space should be well planned and approved by a particular state body — the national space agency of the launching country. A specific condition for the participation of a space tourist in space flight is the process of its preparation and the passage of special selection, which includes checking personal, biographical, medical information about the person, physical and mental health status, command of the language of communication and so on. The study develops the idea that to determine the concept of space tourist does not matter the period during which the specified person has already made or is just planning his space trip. The study concluded about the need for further improvement and development of the theory of space law, while taking into account modern space practices and results and experience, obtained during the implementation of contemporary space programs.
Keywords: space tourism, international space law, space flight participant, liability, space travel service contract, professional astronaut, International Space Station.
A/RES 2345 (XXII)
(1967) Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space Adopted on December 12, 1967, Resolution 2345 by the UN General Assembly 22st Session, Proclaimed December 3, 1968. Available online: https://www.unoosa.org/pdf/gares/ARES_22_2345E.pdf
A/RES/1962 (XVIII) (1963) Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space Adopted at the 1280th plenary meeting, 13 Dec. 1963. Available online: http://digitallibrary.un.org/record/203965/files/A_RES_1962%28XVIII%29-AR.pdf
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (1967) (RES 2345 (XXII)). Available online: https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/ rescueagreement.html
Cheng, Bin (1997) Studies in International Space Law. Clarendon Press, Oxford. Available online: https://orcid.org/10.1093/acprof:oso/9780198257301.001.0001
Crowther, Richard (2011) The regulatory challenges of ensuring commercial human spaceflight safety. Space Policy, Vol. 27, Issue 2, 74-76.
Freeland, Steven (2005) “Up, Up, and … Back: The Emergence of Space Tourism and Its Impact on the International Law of Outer Space”, Chicago Journal of International Law, Vol. 6: No. 1, Article 4. Available online: https://chicagounbound.uchicago.edu/cjil/vol6/iss1/4
Gerold, Gerhard, Michael Fremerey, and Edi Guhardja (2013) Land Use, Nature Conservation, and the Stability of Rainforest Margins in Southeast Asia. Springer Science & Business Media, 51
Hobe, Stephan, Bernhard Schmidt-Tedd, Kai-Uwe Schrogl, Rada Popova, and Martin Reynders (2017) Cologne Commentary on Space Law — Outer Space Treaty. BWV Berliner Wissenscafts-Verlag.
Krytkina, Marina (2015) Legal Regime of Space Tourism. Aktual’nyye problemy aviatsii i kosmonavtiki, Vol. 2, 457.
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Ryzhenko, Irina, and Olena Halahan (2020) International Legal Regulation of Space Tourism. Advanced Space Law, Volume 5, 83-90. https://doi.org/10.29202/asl/2020/5/8