Replies received from permanent observers of the
Committee on the Peaceful Uses of Outer Space
Space Generation Advisory Council
[Original: English]
[1 December 2014]
Question (i). Yes. Establishing the relationship between suborbital flights and
the definition and delimitation of outer space would serve as a building block for
developing law governing space and air activities. It is important to define the
delimitation of air and outer space in order to better understand the rights and
abilities of commercial entities involved in suborbital flights, whether for human
transportation or for purely scientific purposes.
There is currently a growing region around the Kármán line in which both
aircraft and spacecraft can operate. The lower boundary is being extended by the
lowest perigee at which spacecraft can travel, while the higher boundary is being
pushed by the capability of aircraft to fly at higher altitudes, affecting the definition
of outer space, which in turn impacts the regulation of suborbital flight.
In this regard, the relationship between suborbital flights for scientific and/or
for human transportation and the delimitation and definition of outer space is at
least twofold. Depending on the definition and delimitation of airspace and outer
space, suborbital flights may infringe upon the airspace of a State, and thus its
sovereignty. Furthermore, there are currently different regulatory mechanisms
applied to missions conducted within airspace (e.g. the Convention on International
Civil Aviation) and outer space (e.g. the Convention on Registration of Objects
Launched into Outer Space).
Question (ii). Yes. The legal definition of suborbital flights for scientific
missions and/or for human transportation will provide States and other actors with
legal certainty about their related rights and obligations. It is important for the legal
definition of suborbital flights to be considered and written from the perspective of
not only States but also other actors, in order for it to realistically be practical and
useful for all. Therefore, the legal definition should consider the perspectives of
States and other actors (commercial and other entities relating to air and space
activities), as well as national and international viewpoints, while still respecting
international law regarding air and space activities.
Question (iii). The definition of suborbital flights should be based on the
definitions of outer space and airspace, as well as of orbital flights. Orbital flights
occur when outer space is reached and the spacecraft completes at least one orbit
around the Earth with a velocity of at least 7.1 km/s. Therefore, the definition of
suborbital flights would exclude orbital flights. Suborbital flights would take a
suborbital trajectory, launched from and directly returning to Earth without
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performing an orbit. The definition would therefore include flights which do not
reach the orbital velocity necessary to maintain a sustained orbital flight for a
given altitude.
It should be noted that any definition of suborbital flights should be flexible,
given the frequent changes to technology; therefore, the definition of suborbital
flights should be reviewed every five years.
With regard to the purpose of suborbital flights, a scientific mission could be
defined differently from a human transportation flight and therefore needs further
defining. Also under consideration should be the concepts of suborbital flights for
tourism and non-human transportation. Flexibility and technical considerations
should be the foundation of a definition for all suborbital flights regardless of
their purpose.
Question (iv). Legislation relating to the following areas applies or could be
applied:
(a) Space policy and law;
(b) Air policy and law;
(c) Additional international law and treaty law (e.g. law of the sea for
potential modelling purposes, such as land/sea delimitation and sea launches).
All of the above should be applied from the perspective of States and other
actors, as well as nationally, regionally and internationally. This includes the United
Nations perspective, from the Committee on the Peaceful Uses of Outer Space
and ICAO.
Question (v). The legal definition of suborbital flights for scientific missions
and/or for human transportation will impact the progressive development of
space law by:
(a) Helping to close the gap (cooperation and/or integration) between air and
space legislation;
(b) Promoting the addition of commercial and private aspects/perspectives to
space law;
(c) Resolving the question of definition and delimitation of space, which has
been an open question since the 1950s, and the resolution of which could provide
much-needed momentum in resolving other space law issues;
(d) Establishing clearer and more precise definitions of the concept of
“astronaut”, “space tourist” and “space object” (as compared with the existing
definitions and laws regulating pilots, passengers, cargo and aircraft) in the context
of the ongoing development of space law;
(e) Potentially having an impact on current or future national air and space
law and policy.
Question (vi). The following additional questions could be understood to be
answered at the national level and/or at the international level:
(a) In questions (i)-(v), why not ask about “scientific research missions”, as
opposed to “scientific missions”, and why not ask about “paying human and/or
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