In this expert session, legal scholar Frans Von Der Dunk offers a captivating exploration into the intriguing field of space law, an often overlooked yet essential discipline for our future in space travel. Frans initiates by posing a thought-provoking question to the audience: "Have any of you ever heard of space law?" He explains that most professionals in this area dedicate their time to client counseling, creating contracts, legislation, and licensing requirements. However, Frans anticipates that future lawyers will represent clients in court cases related to space law.
Frans recounts a story about an encounter with a police officer during a lecture setup, who inquired about the nature of "space law," much like many attendees may have done before this session. He underscores the growing importance of space law due to the privatization trend in the space industry and tourism sector. Frans then introduces space law to those unaware, emphasizing its significance for space tourists and the challenges that come with traveling through space.
He shares that the technology behind both air travel and space travel is similar, but the distances and costs differ significantly. Space travel involves flying on a large white body aircraft from one continent to another for an extended period or experiencing suborbital hops into space and back. While space tourism remains expensive and inaccessible for most, a few have already signed up for the opportunity with companies like Virgin Galactic.
Frans then delves into the complexities of liability in space travel. He discusses how damages for property damage resulting from an aircraft crash are compensated under international air law, but full compensation is given under space law. For contractual liability, passengers on board aircrafts have been generously compensated since aviation's inception, but under space law rules, there is no such international rule for passenger compensation.
The distinction between suborbital flights being treated as aircraft or spacecraft regarding liability plays a significant role in this discussion. Frans suggests that passengers may prefer discussions to be resolved under air law due to generous compensation, while non-flying citizens on the ground would favor space law for full damages and state payment. However, determining what a passenger is actually flying on poses a challenge: an aircraft derives support from the atmosphere, whereas a spacecraft is less well-defined and may depend on the intention of reaching outer space.
Frans shares his experience as a consultant in the legal aspects of space projects and emphasizes the importance of addressing legal issues before operations begin to avoid potential financial losses or legal disputes. He uses examples from the European Union's development of the Galileo satellite navigation system and the United States' approach to regulating private commercial space flights, highlighting the significance of thorough background investigations and securing necessary rights and permissions.
The expert session then focuses on the complexities of defining vehicles that can both fly in the atmosphere and travel to outer space. Frans presents examples of vehicles like Armadillo Aerospace's vehicle, which uses wings for part of its flight but is intended for use in outer space, and the White Knight craft, which serves as a carrier aircraft for a spacecraft and also intends to go into the atmosphere but not outer space.
As the session concludes, Frans shares his expertise on the development of the space law industry and the importance of informed consent in this new frontier. He discusses the challenges posed by the balance between protecting interests and ensuring safety for all parties involved, particularly regarding liability and regulation. While some clarity exists in the US approach, European regulations remain uncertain, leading to varied perspectives and ongoing debates.
