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Herman, Thierry; Soucek, Alexander --- "Regulatory choices for sub-orbital flights carrying humans: elements for consideration" [2017] ELECD 1656; in Wouters, Jan; De Man, Philip; Hansen, Rik (eds), "Commercial Uses of Space and Space Tourism" (Edward Elgar Publishing, 2017) 205

Book Title: Commercial Uses of Space and Space Tourism

Editor(s): Wouters, Jan; De Man, Philip; Hansen, Rik

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785361067

Section: Chapter 9

Section Title: Regulatory choices for sub-orbital flights carrying humans: elements for consideration

Author(s): Herman, Thierry; Soucek, Alexander

Number of pages: 22

Abstract/Description:

This chapter provides elements for consideration regarding the regulation of sub-orbital flights carrying humans, in particular those carried out for commercial purposes. The authors argue that the formulation or application of law concerning this issue should be anticipated by establishing clarity in respect of two questions. First, what needs to be achieved? Second, how can this best be achieved? To answer those questions, the chapter proposes elements for discussion rather than conclusive answers. The authors argue that clarity over the purposes for regulation plays as much a role as the experience gained from existing regimes and precision in definitions and semantics. They recall characteristics of the two systems that are considered apparent ‘candidate regimes’ for regulating commercial suborbital flights. Finally, they present two examples of domestic regulatory approaches that deal with different subjects and yet reveal certain commonalities. Keywords: commercial sub-orbital flight; air law; aircraft; space object; US federal law; French law