Commercial human spaceflight has been a long-held dream, but now it is finally poised to become a reality. Companies including Virgin Galactic and SpaceX are inching ever closer to taking private citizens into space, and there are serious plans for spaceports in several parts of the world, including Hawaii, the US, and Scotland, the UK.
But while the industry is advancing, the legal side of this fledgling commercial space industry remains underdeveloped, leading to calls for the development of an organisation to establish a framework for the safe operation of spaceports for human commercial spaceflights.
Writing in the journal New Space, Mclee Kerolle, from the United States International Institute of Space Law in Paris, France, has proposed the establishment of a Space Safety Institute recognised by the US congress and the United Nations.
This institute would “develop, enforce and adopt standards of excellence”, allowing the industry to develop while protecting it from liability and insurance risks.
“Currently, no international regulatory body exists to regulate the operation of spaceports,” he wrote. “This is unfortunate because while the advent of commercial human spaceflight industry is imminent, a majority of the focus from the legal community will be on regulating spaceflights and space access vehicles.
“However, the regulation of spaceports should be viewed in the same light as the rest of the commercial human spaceflight industry.”
The article focuses particularly on the establishment of a spaceport at the Kona International Airport in Keahole, Hawaii. At present, the spaceport’s development is subject to regulation by the Federal Aviation Authority, however there are aspects to spaceport development that do not apply to conventional aviation operations.
The institute would be designed to first and foremost ensure safety within the industry, so it would be important, according to Kerolle, to ensure it was made up of individuals with expertise in the field, rather than bureaucrats.
“To make sure that this flexibility is inherent in a Space Safety Institute, the organization should be composed of individuals within the industry as opposed to government officials who are not familiar with the commercial human spaceflight industry,” he wrote.
“As a result, this should protect the commercial human spaceflight industry to some liability exposure, as well as promote growth in the industry to ensure the industry’s survival.”