376. The Legal Issues Concerning Scheduled and Unscheduled Cross-Border Suborbital Flights

Team

Project Description

To identify the relevant laws and regulations that would affect cross-border sub-orbital flights in scheduled and unscheduled scenarios. To determine how the existing legal framework will affect the commercialization of such activity and how the laws can be adapted to cultivate an industry that extend beyond the US market.

Project Outcomes

To identify the relevant laws and regulations that would affect cross-border sub-orbital flights in scheduled and unscheduled scenarios. To determine how the existing legal framework will affect the commercialization of such activity and how the laws can be adapted to cultivate an industry that extend beyond the US market.

Summary of Output

Under current international law, if a US suborbital vehicle were to land in another country, the receiving party’s responsibilities would depend on its characterization of the landing craft (aircraft or spacecraft) and the manner in which the craft landed. If the receiving party characterized the suborbital vehicle as an aircraft, and it did so as part of a regularly scheduled flight, there would be no issue so long as it followed the established bi-lateral agreement; if this was not a regularly scheduled flight, the response would depend on whether this was an intentional or accidental landing and would likely be seen by the receiving State as a violation of their complete and exclusive jurisdiction. If the receiving party characterized the suborbital vehicle as a spacecraft, a scheduled arrival would require some form of agreement between the two States; an unscheduled arrival (if owing to accident, distress, emergency or unintentional landing) would require the receiving party to promptly rescue and return the astronauts and the spacecraft to the US.