HUMAN SPACEFLIGHT: U.S. NATIONAL LEGISLATIONS AND REGULATIONS AS SPACE SHERPAS PAVING THE PATH
DOI:
https://doi.org/10.18372/2307-9061.73.19410Keywords:
Delimitation of Outer Space, Human Spaceflight, Orbital Spaceflight, Polaris Dawn Mission, Private Astronaut, Space Law, Suborbital SpaceflightAbstract
Purpose: in the ‘New Space Age’ of the 21st century, there is a hybridization of space activities in which new objects and subjects of law are created outside the classical UN outer space institutions. This paper exposes this phenomenon through the study of the ‘space sherpas’, i.e., the U.S. national space legislations and regulations that are paving the path to a new stage in commercial human spaceflight activities. In addition, the investigation holds that UNISPACE IV, to be celebrated in 2027, is an excellent opportunity to address this topic, although it was not considered in ‘Action 56’ of the Pact for the Future, released by UNGA79. Research methods: study of specialized bibliography, international and national legislations and regulations, observation methods and analysis of human spaceflight information. Results: participation of the private sector as owner and operator of space missions is essential for the growth of a thriving space industry in the U.S. and all over the world. Without having previously established a boundary between airspace and outer space, successful missions such as Polaris Dawn, led by ‘private astronaut’ Jared Isaacman, who accomplished the first private spacewalk, prove that commercial development of outer space does not depend exclusively on that historic and still unresolved debate. If an international interpretation of these commercial space activities is not built by means of an international instrument, the trend will be for each country to establish its own terms and definitions regarding human spaceflight and having the ‘space sherpas’ as a model. Discussion: what is a ‘private astronaut’? Do they seek ‘the benefit of all mankind’ as established in Article I of the 1967 Outer Space Treaty? Are they ‘envoys of mankind’ as Article V OST says? Is the functionalist approach winning the upper hand over the spatialist standpoint?
References
See e.g. Ars Technica, In the room where it happened: When NASA nearly gave Boeing all the crew funding. URL: https://arstechnica.com/ features/2024/09/in-the-room-where-it-happened-when-nasa-nearly-gave-boeing-all-the-crew-funding/.
See for details Brannen, Private Commercial Space Transportation’s Dependence on Space Tourism and NASA’s Responsibility to Both, in Journal of Air Law and Commerce, Volume 3. Issue 3, Article 5, University Park, Dallas, Texas, US, 2010, p. 662.
Ibidem, p. 664.
See for details Hermida, La Explotación Comercial del Espacio Exterior y de la Luna, in Nuevos Enfoques del Derecho Aeronáutico y Espacial, Marcial Pons, Madrid, España, 2015, p. 418.
See e.g. CBS News, SpaceX’s Polaris Dawn crew conducts first all-civilian spacewalk. URL: https://www.cbsnews.com/news/polaris-dawn-crew-gears-up-for-first-commercial-non-government-spacewalk/.
See e.g. The Launch Pad Channel, "Looks Like A Perfect World" SpaceX Polaris Dawn Commander Jared Isaacman. URL: https://youtu.be/jYZTxGAdrrM?si=SQw8sV-qpAwTdAce.
See e.g. Polaris Dawn, Mission Objectives. URL: https://polarisprogram.com/dawn/.
See e.g. NASA, What is Commercial Crew? URL: https://www.nasa.gov/humans-in-space/ commercial-space/commercial-crew-program/ commercial-crew-program-overview/.
See e.g. CNBC, Trump nominates Jared Isaacman, private astronaut and Shift4 CEO, for NASA chief. URL: https://www.cnbc.com/ 2024/12/04/trump-nominates-jared-isaacman-for-nasa-administrator.html.
See Cambridge Dictionary, meaning of ‘sherpa’. URL: https://dictionary.cambridge.org/ dictionary/ english/sherpa.
See for details Cheng, The Commercial Development of Space: the Need for New Treaties, in Studies in International Space Law, Clarendon Press Oxford, University of Oxford, UK, 1997, p. 676.
Ibidem, p. 678.
See for details de Oliveira Bittencourt Neto, Delimitation of Outer Space and Earth Orbits, in Outer Space Law: Legal Policy and Practice, Globe Law and Business Ltd., London, UK, 2017, p. 47.
See for details von der Dunk, Space Tourism, Private Spaceflight and the Law: Key Aspects, in Space Policy, Elsevier, 2011, p. 146 (Article of free and open access by the DigitalCommons@University of Nebraska – Lincoln).
See for details Masson-Zwaan /Freeland, Between heaven and earth: The legal challenges of human space travel, in Acta Astronautica, Elsevier, 2010, p. 1605 (Article available online thanks to the University of Leiden, The Nether-lands).
See for details Cheng, B., op. cit., p. 676.
See for details von der Dunk, The Regulation of Space Tourism, in Space Tourism: The Elusive Dream, Volume 25, Erik Cohen and Sam Spector, of the Tourism Social Science Series, Emerald Publishing Limited, Bingley, UK, 2019, p. 187 (Article of free and open access by the DigitalCommons@University of Nebraska – Lincoln).
See Commercial Space Launch Act, 1984, Sec. 3, Purposes. URL: https://www.congress. gov/bill/98th-congress/house-bill/3942/text.
See Commercial Space Launch Act, 2004, Sec. 2, Amendments, (a) Findings and Purposes. URL: https://www.congress.gov/bill/108th-congress/house-bill/5382/text.
See Commercial Space Launch Act, 2004, Sec. 2, Amendments, (b) Definitions. URL: https://www.congress.gov/bill/108th-congress/house-bill/5382/text.
See Commercial Space Launch Act, 2004, Sec. 2, Amendments, (c) Commercial Human Space Flight. URL: https://www.congress. gov/bill/108th-congress/house-bill/5382/text.
Ibidem.
See Federal Aviation Administration (FAA), Human Space Flight Occupant Safety Aerospace Rulemaking Committee Charter, 2023. URL: https://www.faa.gov/regulations_policies/rulemaking/committees/documents/media/Final-ARM-220523-001_S1%20Signed.pdf.
See e.g. FAA, Human Space Flight. URL: https://www.faa.gov/space/human_spaceflight.
See Commercial Space Launch Act, 2004, Sec. 2, Amendments, (b) Definitions. URL: https://www.congress.gov/bill/108th-congress/house-bill/5382/text.
See e.g. FAA, Human Space Flight. URL: https://www.faa.gov/space/human_spaceflight.
See FAA Reauthorization Act of 2018, Sec. 599D, Spaceports. URL: https://www.congress. gov/bill/115th-congress/house-bill/4/text.
See Commercial Space Launch Act, 2004, Sec. 2, Amendments, (b) Definitions. URL: https://www.congress.gov/bill/108th-congress/house-bill/5382/text.
Ibidem.
See U.S. Commercial Space Launch Competitiveness Act of 2015, Sec. 112, (c) Definition of Government Astronaut. URL: https://www. congress.gov/bill/114th-congress/house-bill/2262/text.
Ibidem.
Ibidem.
See for details Appendix A of NASA Interim Directive (NID) 8901.144 regarding “Private Astronaut and Sub-Orbital Spaceflight Participant Medical Procedural Requirements”. URL: https://nodis3.gsfc.nasa.gov/OPD_Docs/NID_8901_144_.pdf.
See for details Memorandum of Understanding (MoU) signed between NASA and the FAA on January 4th, 2021, regarding Achievement on Mutual Goals in Commercial Space Activities. URL: https://www.faa.gov/sites/faa.gov/files/space/legislation_regulation_guidance/FAA_MOU_signed_by_NASA_and_FAA.pdf.
See for details Cheng, The 1967 Space Treaty, in Studies in International Space Law, Clarendon Press Oxford, University of Oxford, UK, 1997, pp. 271.
See The Artemis Accords, Section 6 Emergency Assistance. URL: https://www.nasa.gov/wp-content/uploads/2022/11/Artemis-Accords-signed-13Oct2020.pdf.
See UNGA A/RES/79/1, The Pact for the Future, Global Digital Compact and Declaration on Future Generations, September 2024. URL: https://documents.un.org/doc/undoc/gen/n24/272/22/pdf/n2427222.pdf.
Ibidem.
Ibidem.
