AIR AND SPACE LAW: A STUDY OF FUTURE

COMMERCIAL ACTIVITIES IN SPACE

Submitted by:
Harsh Yadav

Alliance School of Law,

Alliance University
Submitted on: 15th May, 2020

Electronic copy available at: https://ssrn.com/abstract=3686452

ABSTRACT

The start of the space race between the two cold war rivals United states and the Soviet Union
in the 20th Century added a new dimension to both law as well as science. The frontier of space
research and discoveries intertwined the connection between law and science. However, just
like science being an important aspect of human evolution so is the regulation of such activities
through the hands of law, as one can use and abuse these aspects. One key notion of space
exploration and how far we have come since we first landed on the moon brings forth the
question of commercialization of space through private means such as space tourism as it is a
big step towards fulfilment of human dreams to be independent from our home planet. There
are several aspects which need to be brought in light in terms of legal issues that seek solution
in relation to regulation of commercial activities in space. The legal issues pertain to the
regulation of aerospace vehicles used by private or public entities for commercial purposes
and also require a legal framework for entrepreneurs and private organization in order to
promote and develop such a sector of commercial activity. It needs to be analyzed in order to
see the effect of existing laws as well as provide a base for other interested entities to enter
such a domain. There is another legal aspect which needs to be taken a closer look at and that
is of liability aspect commercial activities in space. The current study analyzes the legal aspect
of commercial space activities and the basis of liability issues involved in conducting these
activities such as space tourism.

Key Words:
Commercialization of Space, Space Tourism, Aerospace Vehicles, Liability under Space
Commercial Activities

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 TABLE OF CONTENT

1. INTRODUCTION ………………………………………………………..4

1.1. Review of Literature………………………………………………….5

1.2. Research Problem…………………………………………………….7
1.3. Research Methodology……………………………………………….7
1.4. Scope and Objective………………………………………………….7
1.5. Research Question……………………………………………………7
1.6. Hypothesis…………………………………………………………….7

2. OVERIEW OF OUTER SPACE LAW………………………………….8

3. SPACE TOURISM……………………………………………………….10

3.1. Legal Status of Space Tourists………………………………………11

4. ISSUE OF LIABILITY…………………………………………………...13

4.1. Liability and Insurance………………………………………………14

4.2. Third party Liability…………………………………………………15

5. CONCLUSION AND SUGGESTIONS…………………………………16

6. BIBLIOGRAPHY…………………………………………………………17

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1. INTRODUCTION

The Human Kinds first ever flight which was initiated by the Wright Brothers as the general
population believes is often debateable. To most it is Shivkar Bapuji Talpade who paved the
path for Human flight through his first unmanned airplane in 1895 much before the Wright
Brothers. The Context here does not focus on ‘who’ initiated the first flight but it rather focuses
on the aspect that humans have always dreamt of reaching the stars. Later, in the advancing
years of technology we have reached a spectacle where we made a return journey from the
cosmos such as the successful “launch” of SpaceShipOne from its mother plane White Knight
in October 2004, followed by its second return journey in seven days to an altitude of over 100
kilometres above sea level, demonstrated that the technology for short-term human suborbital
flight has arrived.1
These steps seized the imagination of the mass population and gave many people an objective
in life and that was of space exploration, which gave rise to a new breed of industry and
companies of similar ventures. Richard Branson and Elon musk are a few examples, through
the establishment of virgin galactic and SpaceX. They wanted to carry passengers into space
for the ticket cost of almost US $ 250,000 a seat. It was not just a dream, people in reality
signed up for this scheme.
There are entrepreneurs who are even more ambitious, which involves their dream for orbital
travel, space hotels and other various forms of so called ‘galactic Tourism’. In all of this they
only see it as a new form of business model and way to be the first in this new industrial sector.
This without a doubt has added a new prospect to commercialization of space. It has all changed
from imagination to possibility through the advancement of technology on this modern era.
The new breed of Aerospace vehicles makes these ventures possible. However, these come
with new challenges and one can only look at it in the eyes of new emerging legal issues in air
and Space law. It gives rise to the issue of Liability.
The Current study will look at aspects of Space Tourism and also take into consideration the
legal issues of liability involved with such commercial activities in outer space.

1Steven Freeland, ‘Up, Up and … Back: The Emergence of Space Tourism and Its Impact on the International
Law of Outer Space’ [2005] CJIL 6

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1.1. REVIEW OF LITERATURE

Fabio Tronchetti, “Ensuring Security in outer space by legal means: A Feasible goal?”,
AJASL, Volume 23, 2011, pp. 24- 44
This article talks about the safety and security of space objects and takes several initiatives
addressing the issue of space security and prevention of weaponization in space. It looks
towards the proposal of new treaties for ensuring security as a mean of transparency and a
confidence building measure for individuals and countries in relation to their space assets.

Watcharachai Jirajindakul & Lalin Kovudhikulrungsri, “The Legal Loopholes in Space

law: The Case of Shin Corporation of Thailand”, IJIEL, Volume 84, 2010, pp. 85-111
This article aims to present the legal loopholes in space law by examining the commercial space
activity, telecommunication service, through the view of Thailand under the framework of
GATS.

Steven Freeland and Anja Nakarada Pecujlic, “How do you Like Your Regulation - Hard
or Soft? the Antarctic Treaty and the Outer Space Treaty Compared”, NLSI, Volume 11,
2018, pp. 15-34
This article compares the Antarctic Treaty and the outer Space Treaty on a very revised scale.
It takes a deep look at the cold war between the Americans and the Soviet-union and also shows
the evolution and development of these treaties on a more conclusive scale.

Sethu Nandakumar Menon, “Space Tourism and Aerospace Vehicle: Re-tracing the
Boundary between Air Space and Outer Spaces”, IDEST, Volume 3, 2009, pp. 23-40
This paper first analyses the legal issues relating to the demarcation of air space and outer space
and the most appropriate regulation that is needed for aerospace vehicle. Thereupon, the issue
of aerospace transportation is analysed in relation to air law and space law. Different aspects
of aerospace vehicle transportation is analysed to see the effect of the existing laws.

Steven Freeland, “The Emergence of Space Tourism and Its Impact on the International
Law of Outer Space”, CJIL, Volume 6 No. 1, 2005, pp. 16-38

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This article prospects for suborbital and orbital private human access to space give rise to some
important legal questions. It also eventually necessitates the development of an appropriately
framed system of legal regulation to deal with these activities.

Dr. S. Bhatt, “Law and Space Research”, ICAO, Volume 2, 1999, pp. 28-63
This article reflects on the theme of law and science by analysing their synthesis, and then
would analyse the implications of space research on law. The major purpose of this article is
to give a general understanding of development of space law and to bring forward the link
between space law and science.

Fabio Leonardi, “The Sky is Not the Limit: A Review of U.S. Space Transportation Law
from a WTO Perspective”, IJIEL, Volume 1, 2011, pp. 4-40
This paper analyzes the compatibility of the Commercial Space Launch Act, as part of the US
regulatory regime applicable to space transportation, with the law of the World Trade
organization through a discussion of the U.S. legislative efforts in the field of space-related
activities and in light of the WTO Members' obligations as to measures affecting trade in
services.

Dr. Sandeepa Bhat B and Dr. P. Ishwara Bhat, “Legal Framework of State Responsibility
and Liability for Private Space Activities”, KLJ, 2005, pp. 132-150
The article focuses on the justifiability of holding the States responsible or liable for the
activities to which they have no direct connection. It also looks into the scope of the modern
notions of State responsibility and liability in the treaties relating to outer space.

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1.2. RESEARCH PROBLEM

Commercial Space tourism has grasped widespread imagination of several individuals and in
this modern era, the current technology has helped us overcome a lot of these challenges which
were first a barrier to space exploration. Commercial space tourism will soon from a fantasy
will become a possibility which raises several issues due to the complexity and limitation of
the legal regime of outer space. Outer space falling under the pretence of res communis,
meaning a common heritage of mankind again raises wider ethical problems of space tourism.

1.3. RESEARCH METHODOLOGY

The research paper is based on doctrinal analysis and the data collected is from primary and
secondary sources. Primary sources include legal sources such as regulatory laws. Secondary
sources include journals, books, articles, opinions and blogs.

1.4. SCOPE AND OBJECTIVE

The scope of the paper is limited to existing legal regime of outer space law such as the Outer
space Treaty, Liability Convention and Rescue Agreement. This paper will tend to evaluate the
future legal prospects involved with Space Tourism.
Objectives:
• To analyse the legal status of Space tourists.
• To determine the liability and Insurance aspect of Space Tourism.

1.5. RESEARCH QUESTIONS

1. What shall be the legal status of Space Tourists?
2. How can one determine the liability and insurance aspect involved with Space
Tourism?

1.6. HYPOTHESIS
There is a lack of Regulation which is to govern the future and upcoming legal challenges
involving the determination of legal status of space tourists as well as countering the issues of
liability involving space tourism.

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2. OVERVIEW OF OUTER SPACE LAW
In order to determine the legal uncertainty involved with space tourism and other commercial
space activities, it first becomes important to review the existing legal regime and framework
of the space law which is a part of International law.
Space Law is a distinct body within the International law regime. Since the start of the space
race during the cold war between the US and the USSR, and the launch of Sputnik 1 in the late
1950’s gave paved a new path or rather a new frontier to regulate activities in the space as
anything left unregulated makes it a sort of wild west scenario. There are now bodies of
domestic and international law principles which deal with plenty of aspects of space involving
its use and exploration. These principles are in the form of multilateral treaties, UN resolutions,
National legislations, National court decisions, Unilateral and Bilateral arrangements and
arrangements of Intergovernmental Organisations.
There are five main multilateral treaties that have been finalised through the auspices of the
United Nations Committee on the Peaceful Uses of Outer Space ("UNCOPUOS"), the principal
international body involved in the development of international space law.2 They are as
follows:
• Outer Space Treaty3; It is a treaty governing the principles of state activities in use and
exploration of space which includes moon and other celestial bodies.
• Rescue Agreement4; It is an agreement which involves rescue of astronauts, return of
astronauts and the return of objects launched in space.
• Liability Convention5; It is a convention on international liability for damage caused by
any of the objects in space.
• Registration Agreement6; Convention for registration of any object launched in space.
• Moon Agreement7; Governs the activities of any state on moon and any other celestial
body.
These Five treaties are first referred to for any dispute or issue arising between states involving
any activities in space. Most of these treatises were formulated during the cold war era in the

2 UNCOPUOS was established by the United Nations General Assembly shortly after the advent of the "space
age" brought on by the successful launch of Sputnik 1
3 Outer space Treaty 1967
4
Rescue Agreement 1968
5 Lability Convention 1972
6 Registration Agreement 1975
7 Moon agreement 1979

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time where only handful of countries were capable of exploration of space. At the time these
were formulated, it was not thought of that one-day technological advance of human race would
make it a possibility to explore space and let alone make it possible to conduct commercial
activities in space which would also involve common individuals as space tourists.
Despite of having such frameworks which is argumentatively still governing most of these
space related activities today, this international legal regime has unfortunately not kept in pace
with the remarkable technological advancement and commercial space activities since the late
1950’s and the early 1960’s. This shows challenges and concerns in view of strategic, military
and commercial potential of outer space. In the area of space tourism there is a lack of clear
international legal principles. The fact of permanent space stations and its occupation as well
as human settlement on celestial bodies raises several new and unresolved questions, so does
large scale private space tourism and space transportation.
In the end, what is required is the development of laws at the international level-supplemented
by laws at the national level-to meet these issues. Without a uniform set of widely accepted
international rules, the development of space tourism activities will be restricted by uncertainty.
However, in order to facilitate the emergence of a viable commercial space tourism industry,
the principles will need to strike an appropriate balance between providing certainty and
sufficient minimum standards on the one hand, and protection and encouragement of
innovation on the other.8
The issue also arises in the demarcation of airspace and Outer space. Such as, Article 1 of the
Chicago convention9 states that every state has sovereign rights over the airspace above its
territory whereas the space law has an opposite approach towards this view, it provides total
freedom over space of sovereignties. The law applicable to space tourism is very diversified
and subject to two main criteria: the first, rationae loci, linked to the place where transport is
provided (airspace or outer space); the second, rationae materiae, is linked to the means of
transport.10 Therefore, further clarification is essential upon private companies rather than
states taking initiatives towards space tourism.

8
Tanja L. Masson-Zwaan, ‘The Martin Marietta Case: Or How to Safeguard Commercial Space Activities’
[1993] ASL
9
Chicago Convention 1944
10
Louis de Gouyon Matignon, ‘Space tourism legal aspect’ ( 5th March 2019)
<https://www.spacelegalissues.com/space-law-space-tourism-legal-aspects/> accessed on 9 May 2020

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3. SPACE TOURISM
The term space tourism has been defined as any commercial activity offering customers direct
or indirect experience with space travel and a space tourist as someone who tours or travels
into, to, or through space or to a celestial body for pleasure and/or recreation. 11 One can only
determine these definitions to be acceptable for a generic sense of the terminology but it also
gives rise to various questions. One of these questions can be referred to definition of space,
but surprisingly the legal regime is yet to define the term ‘Outer space’ as it is also unclear as
to where the air space ends and the outer space begins.
Outer space activities have continued to develop throughout time, and yet there is no clear
definition of the most common terminology that is ‘space’. It becomes significant to demarcate
a line between Commercial aviation flights with that of commercial space flights.
International law on Outer space does not allow any state to claim its sovereignty over outer
space, it is supposed to be a common heritage of man-kind. The Outer Space Treaty provides
that Outer space is not subject to national appropriation by claim of sovereignty, by means of
use or occupation, or by any other means. 12
This article reflects a customary law principle which is observed since the launch of sputnik 1
by the USSR. Judge Manfred Lach of the International Court of Justice Observed that:
The first instruments that men sent into outer space traversed the air space of States and circled
above them in outer space, yet the launching States sought no permission nor did the other
States protest. This is how the freedom of movement into outer space, and in it, came to be
established and recognised as law within a remarkably short period of time. 13
It is important to note that through the fundamental principles of outer space law and air law,
it is of a legal assumption that air space shall be a territory of the underlying state. Therefore,
commercial aircrafts and civil aircrafts have limited rights while they enter the air space of any
other state as every state has complete sovereignty of the airspace above its territory.
Due to the absence of a clear accepted demarcation between the air space and the outer space
several question arises as to the concern of Space Tourism, such questions revolve around the
aspect of whether air law shall be applied to the craft once it leaves the ground of a particular
state and then once it reaches the outer space, they shall be under space law jurisdiction? It also
raises another question of whether only the ultimate destination is to be considered and the
passengers as well as the craft shall be under space law regime? But for all of this to come to

11 Zeldine Niamh O'Brien, ‘Liability for Injury, Loss or Damage to the Space Tourist’ [2004]
12
Outer Space Treaty 1967, art II
13
Northern sea continental Shelf cases (Germany v Denmark; Germany v Netherlands) 1969 ICJ 3, 230

10

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 sense it becomes important to bring about a demarcation between the air space and outer space,
which would require extensive time and effort on the part of the international community. A
need for a uniform legal regime that envisages the launch as well as the return journey of
individuals posed as space tourists.
The most appropriate approach seems to be that of application of space law to the entire journey
from the launch to the return as the main of objective of the space craft is to be that of journey
to space. The option to adopt air law to the journey or just a part of the journey seems to be
inappropriate due to lack of sovereignty in space. Another option that can be opted is that of a
entire new legal regime based on the principles of Outer space law and with a few qualities of
Air law.

3.1. LEGAL STATUS OF SPACE TOURISTS

In all the multilateral space treatise there is no reference to the term ‘Space Tourists’ nor was
this issue on the mind of the United Nation general assembly while formulating these
principles. However, the existing corpus of the international space law does refer to term
‘astronauts’ and ‘personnel of a spacecraft’, there is no clear definition of an astronaut specified
in the outer space treaty but it does mention that they are be regarded as the envoys of mankind.
The Rescue agreement does specify that in case of any distress, accident or emergency landing
the states are required to provide assistance of all sorts to these astronauts. Moon Agreement
also refers to any person on the moon as an astronaut.14
However, since an astronaut falls under the purview of being an envoy of mankind it would
make it difficult for a space tourist to fall under this category, thereby requiring an alternative
spectrum. According to the Rescue Agreement it specifies the term ‘Personnel of a spacecraft’
therefore likely to put a space tourist under its regulation but space tourists are paying
passengers, and it is likely that they would be ruled out of its scope. Rescue agreement is
formulated on a note of good conscience and therefore the interpretation of the term shall be
given a wider scope and include space tourists.
There is an example of, in early 2002, the participating Space Agencies in the ISS project
reached an agreement as to who was allowed on the ISS. This covered both ‘professional
astronauts/cosmonauts’ and ‘spaceflight participants,’ which included those on ‘commercial,

14 Moon agreement 1979, Art 10

11

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scientific and other programmes, crewmembers of non-partner space agencies, engineers,
scientists, teachers, journalists, filmmakers, or tourists.’15
Taking all these aspects into account, it could be argued that passengers participating in space
tourism activities should indeed come under the command of the space flight commander.
However, they have only minor functions to fulfil in a space mission, if at all. Whether they
are considered as crew or not, their subordinate function in space travel should be clearly
reflected in their status.16

15
The United States Congress and Senate, ‘Final Frontier Now Open--But Visa Still Required’ (5 February
2002) <SpaceDaily.com> accessed last on 11th may 2020
16
Stephan Hobe, ‘legal aspect of space tourism’ [2007] NLR 6

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4. ISSUE OF LIABILITY
The Columbia disaster in the Year 2003 in the month of February showed us the hazardous
nature of space travel and showed us the need for safety regulation for future commercial space
travel. If we are to suppose the need for the growth of commercial space age, we are also to
give importance to the human life involved in orbital and suborbital flights. There are enormous
costs that will be associated in order to foresee contingencies. The provision of protective
equipment on a space shuttle, for example, is costly and heavy and adversely impacts on
payload capacity. In reality, human space travel has, to date, involved trade-offs between
design and what are deemed as "acceptable" risks, given the very significant amounts of money
that are involved. Yet the loss of two (of the original five) space shuttles after only 113 flights
is in itself an unacceptably high failure rate for any type of activity open to the public, and even
exceeds NASA's own safety margin requirements. 17
There shall be a need to develop safety standards to not only the design, construction, and the
operation of the commercial space vehicle which is to carry the space tourists but there shall
be a system of liability and responsibility at an international level which shall be supplemented
by domestic laws to regulate circumstances where a tourist suffers any injury, damage or loss.
This will help eradicate uncertainties and ensure safety against risks.
When we look at the current legal regime, we see that it is yet to develop such notions and is
inadequate when it comes such matters. Article VI of the outer space treaty clearly states that,
the state is required to authorize and supervise national activities in the outer space as well as
activities of nongovernmental entities, therefore, it shall be recommended that regulations shall
be provided by the state itself.
Flowing on from this "state-oriented" system of responsibility, Article VII of the Outer Space
Treaty, together with the more detailed liability regime specified in the Liability Convention,
impose liability on a "launching State" for certain specified damage caused by a space object.
In the absence of specific waivers, or where the various exceptions and exonerations contained
in the Liability Convention do not apply, all launching states will bear this international
obligation of liability on a joint and several basis. This has been one of the underlying reasons
behind the growing number of national space laws enacted by space faring states, the terms of
which enable them to pass on financial responsibility to, and recover from their private entities

Paul Recer and Broward IUston, ‘More Shuttles Are Likely to Be Lost, Safety Panel Tells NASA’ [2003]
17

SMH

13

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 the amount of the damages for which the relevant state remains liable at the international
level.18
However, when a damage is suffered by an individual, the legal action can be only initiated
against the relevant state according to the liability Convention, to date no such claim has been
made and space tourists themselves are unable to claim for compensation under this
convention. There is a scope to institute legal proceedings under national laws but there are
several limitations such as sovereign immunity protections which create an obstacle for the
claim of compensation. Given that private contractual view is taken between the operator and
the space tourists, where they would get into a contract stating the liability for any loss, death
or damage this would require domestic laws for regulation of these contracts, which would in
turn create lack of uniformity and also give rise to uncertainties when viewed on an
international scale.

4.1. LIABILITY AND INSURANCE

On consideration of possible existing legal regime, several philosophical questions are arisen.
Such as that of should the space tourism activities be a subject to absolute liability, for certain
damages which are caused by space objects under liability convention. 19 An alternative to this
can be that of an separate liability regime which based primarily on the principle of negligence
under the international space law and whether this shall be a limited liability or one based on
unlimited liability, moreover it can be argued that the space tourists would voluntarily accept
the inherent risks involved with space travel and thus the shall be should be limited on the
assumption of risk involved with such a tour.
It is clear that the existing laws governing space travel which solely relies on the liability and
responsibility of the state is not appropriate for the industry that will involve commercialization
of space on a private scale. This emerging shall also provide with risk management assessment
procedures as well as third party liability. A new multilateral treaty should be developed in
order to establish a system of liability that involves private operators.
It will be important to ensure that the legal regime for liability for such activities, as well as the
terms and conditions of any tourism services agreement between passengers and operators, are
matched by the availability of appropriate insurance coverage. Careful attention is required to
make sure that there are no "gaps" in the provision of such insurance.62 These developments

18 Steven Freeland, ‘There's a Satellite in my Backyard/-Mir and the Convention on International Liability for
Damage Caused by Space Objects’ [2001] CJIL
19 Liability Convention 1972, Art II

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 will allow the participants in the space tourism industry, and the governmental and inter-
governmental agencies that are charged with regulating them, to be in a position to assess
financial risks and exposure as they develop policies to create a viable and safe long-term
industry.20

4.2. THIRD PARTY LIABILITY

In case of commercial aircrafts, the third-party liability is regulated by the Rome convention 21
in a particular incident. According to this convention the liability is upon the operator or the
owner of the aircraft and not on the tour operator, upon a proof that the damage to the surface
was caused by an aircraft in flight or by any other person. This form of liability is limited in
form. An unlimited liability can only be tied when it is proven that the damage is caused by an
act of deliberate omission done with the intent to cause harm. Similar to the Rome convention
regulating the third-party liability the Montreal convention regulated the passenger liability.
The Liability Convention refers to cases in which third parties are concerned about damages
that are not attributable to the launching state of the space object causing the damage. As noted
earlier, Article VII(a) of the Liability Convention states that the Liability Convention is not
applicable to damage caused to nationals of the "launching state." Therefore, the launching
state's own nationals have to rely on national laws, usually providing only for fault-based
liability. This inequality can be dealt with by national space legislation.22
All of these regulations are for aircrafts and comes under air laws, similarly regulation shall be
formed to regulate the activities of space flights and they can be evolved from these
conventions governing aircrafts. Liability convention is not applicable to passenger liability.
However, liability for damages to passengers shall be established through contractual basis or
through tortious or criminal conduct as per the national laws.

20 Ibid 1
21 Rome Convention 1952
22 Liability convention 1972, article VII

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5. CONCLUSION AND SUGGESTIONS
The final frontier of man-kind is closer than ever which emerging new technology and the scale
at which we are exploiting our planet resources, space travel has become of a grave importance
more than ever. It is quite possible that my generation would have the opportunity to leave the
safety of our home planet and see the cosmos like we have never done before. However, this
acts as a task as well as an opportunity to develop essential rules at an international scale
regarding space travel by not only state entities but also by private non-governmental entities,
this is one of the legal challenges that is yet to be met.
The existing corpus of space law provides us with the basis from which we can develop the
much-needed legal tools to effectively regulate the next step of space activities. As the venture
for space tourism activities grows the legal issues and questions regarding them continue to
rise as well. I am quite sure that my generation will be the first breed of so called ‘space-
tourists’ and since this is close to becoming a reality there is no clear development in the age-
old space laws we have currently. Therefore, methods such as dispute resolutions and other
alternatives shall be developed in order to meet the contingencies and conflicts on a private and
public international scale.
An international organisation just like the UN shall be formed in order to regulate the space
commercial activities with its separate by-laws and procedure so as to administer and govern
these activities. This organisation shall have a subordinate body to regulate and develop a
coordinate management system to preside the number of space flights and other such activities.
A clear legal framework must be established so as to reflect the wishes of global community
and provide some form of certainty to the masses.

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6. BIBLIOGRAPHY

PRIMARY SOURCES
Legislations
Outer space Treaty 1967
Rescue Agreement 1968
Lability Convention 1972
Registration Agreement 1978
Moon agreement 1979
Rome Convention 1952
Chicago convention 1944

Cases
Germany v Denmark (1969) 230 ICJ 3

SECONDARY SOURCES
Journal Articles
Fabio Tronchetti, Ensuring Security in outer space by legal means: A Feasible goal, (AJASL
2011)
Watcharachai Jirajindakul & Lalin Kovudhikulrungsri, The Legal Loopholes in Space law: The
Case of Shin Corporation of Thailand, (IJIEL 2010)
Steven Freeland and Anja Nakarada Pecujlic, How do you Like Your Regulation - Hard or
Soft? the Antarctic Treaty and the Outer Space Treaty Compared, (NLSI 2018)
Sethu Nandakumar Menon, Space Tourism and Aerospace Vehicle: Re-tracing the Boundary
between Air Space and Outer Spaces, (IDEST 2009)
Steven Freeland, The Emergence of Space Tourism and Its Impact on the International Law of
Outer Space, (CJIL 2005)
Dr. S. Bhatt, Law and Space Research, (ICAO 1999)
Fabio Leonardi, The Sky is Not the Limit: A Review of U.S. Space Transportation Law from a
WTO Perspective, (IJIEL 2011)
Dr. Sandeepa Bhat B and Dr. P. Ishwara Bhat, Legal Framework of State Responsibility and
Liability for Private Space Activities, (KLJ 2005)
Steven Freeland, There's a Satellite in my Backyard/-Mir and the Convention on
International Liability for Damage Caused by Space Objects, (CJIL 2001)

17

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Paul Recer and Broward IUston, More Shuttles Are Likely to Be Lost, Safety Panel Tells
NASA, (SMH 2010)
Zeldine Niamh O'Brien, Liability for Injury, Loss or Damage to the Space Tourist, (CJIL 2004)

18

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