Space Travel LawSpace Travel Law

Dr. Phil Cameron, S.J.D., LL.M, J.D.

Doctor of International Law

Space Travel Law Association (STELA ) www.SpaceTravelLaw.com

International Forum of Travel and Tourism Advocates (IFTTA) www.IFTTA.org

Anolik Law Corporation www.TravelLaw.com

San Francisco, California USA

There is nothing new under the Sun, There is nothing new under the Sun,

and that is true for the laws governingand that is true for the laws governing

Space TourismSpace Tourism

Sources of Space Travel LawSources of Space Travel Law

•Travel and Tourism Law - Air, Sea, Hospitality, Antarctica

• Outer Space Law

• World Heritage Law and Treaties

Sellers of Travel Sellers of Travel – Virgin, Space Adventures, many – Virgin, Space Adventures, many Mojave desert companiesMojave desert companies

Providers of Travel Providers of Travel - Russian Space Agency and more - Russian Space Agency and more than a dozen Private Industries in USA and EUthan a dozen Private Industries in USA and EU

TravelersTravelers – Tourists and Crew – Tourists and Crew

Travel and Tourism Industry Travel and Tourism Industry

Spaceport America Spaceport America - - 100,000 square-foot (9,290 square-meter) 100,000 square-foot (9,290 square-meter) facility New Mexico - $31 million Construction 2008-10facility New Mexico - $31 million Construction 2008-10

Virgin GalacticVirgin Galactic BensonSpace BensonSpace

Travel and Tourism Industry Travel and Tourism Industry

Dennis TitoDennis Tito, a U.S. millionaire, , a U.S. millionaire,

paid about $20 million to be launched into space in 2001.paid about $20 million to be launched into space in 2001. Mark ShuttleworthMark Shuttleworth, a South African technology entrepreneur, , a South African technology entrepreneur,

paid nearly $20 million to be launched into space in 2002.paid nearly $20 million to be launched into space in 2002. Greg OlsenGreg Olsen, a 58-year-old scientist who heads the Princeton, , a 58-year-old scientist who heads the Princeton,

New Jersey-based company Sensors Unlimited, Inc., April New Jersey-based company Sensors Unlimited, Inc., April 2005.2005.

Anousheh AnsariAnousheh Ansari, an Iranian American and the first female , an Iranian American and the first female space tourists in 2006. Ansari’s family made a multimillion-space tourists in 2006. Ansari’s family made a multimillion-dollar contribution to back the Ansari X Prize.dollar contribution to back the Ansari X Prize.

Charles SimonyiCharles Simonyi – an American, Microsoft co-founder - paid – an American, Microsoft co-founder - paid up to $25 million for a 14-day flight to the ISS April 2007.up to $25 million for a 14-day flight to the ISS April 2007.

Actual Tourists Actual Tourists

Richard GarriottRichard Garriott, an American computer game developer , an American computer game developer will pay at least $30 million to launch in October 2008. will pay at least $30 million to launch in October 2008. His father, Owen Garriott, is a former NASA astronaut of His father, Owen Garriott, is a former NASA astronaut of Skylab and Spacelab-1 in the 1970s and '80s. The first Skylab and Spacelab-1 in the 1970s and '80s. The first astronaut’s child to travel in space.astronaut’s child to travel in space.

Daisuke Enomoto Daisuke Enomoto , Here we can note that not everyone , Here we can note that not everyone is permitted to be a space tourists, as was demonstrated is permitted to be a space tourists, as was demonstrated by the failure of Japanese Live Door Director, who was by the failure of Japanese Live Door Director, who was unable to continue space training and his trip due to unable to continue space training and his trip due to “medical reasons” following the collapse of his company, “medical reasons” following the collapse of his company, arrest of his fellow board member, and suicide of his arrest of his fellow board member, and suicide of his colleague. Myself along with most of Japan, was colleague. Myself along with most of Japan, was disappointed by his inability to launch in 2006. disappointed by his inability to launch in 2006.

Virgin Galactic Virgin Galactic , , July 2006, "sold some 200 suborbital July 2006, "sold some 200 suborbital flights tickets US$15.6 million, and celebrities flights tickets US$15.6 million, and celebrities scheduling flights: Sigourney Weaver , scheduling flights: Sigourney Weaver ,

More Tourists More Tourists

““Please find good Please find good laws to protect space laws to protect space tourists” tourists”

----Stella CameronStella Cameron

Not to be confused Not to be confused with the Space Travel with the Space Travel Law Association Law Association (STELA) (STELA) www.spacetravellaw.com www.spacetravellaw.com

Tourism as a Product Derived from Tourism as a Product Derived from Outer SpaceOuter Space

Space, as a Common Heritage of Humanity, also includes the principle that activities of people in outer space affect us all.

Sputnik launch of 1957 changed prior law - ownership of the heavens

“That’s one small step for man, one giant leap for mankind...” as Neil Armstrong declared on his historic first moon excursion in 1969

Product Tourism and the Product Tourism and the Moon Treaty (1974)Moon Treaty (1974)

Everything discovered, invented, created, Everything discovered, invented, created, destroyed, explored, defined, developed, and destroyed, explored, defined, developed, and so on, in outer space will gradually trickle so on, in outer space will gradually trickle down and reach all people everywhere. down and reach all people everywhere.

As such, the activities carried out in outer As such, the activities carried out in outer space, the right to conduct such activities, and space, the right to conduct such activities, and the benefits from those activities belong to the benefits from those activities belong to World Heritage.World Heritage.

Providers of Travel Providers of Travel

From its inception, the development of From its inception, the development of space, and all of the benefits that derive space, and all of the benefits that derive from space, has been founded on the from space, has been founded on the principles of principles of equality, openness, and equality, openness, and cooperation of all of humanity cooperation of all of humanity

Five Outer Space Treaties – Outer Space Five Outer Space Treaties – Outer Space TreatyTreaty 1967, 1967, Rescue AgreementRescue Agreement 1968, 1968, Liability Liability ConventionConvention 1972, 1972, Registration ConventionRegistration Convention 1974, 1974, Moon AgreementMoon Agreement 1974. 1974.

Outer Space Law Outer Space Law

World Heritage Law was first crystallized as a World Heritage Law was first crystallized as a legal concept in stating that Outer Space is legal concept in stating that Outer Space is ““the common heritage of all Mankindthe common heritage of all Mankind””

One state cannot interfere with another State’s One state cannot interfere with another State’s right to explore spaceright to explore space

Signed by 91 states; ratified by 62 states Signed by 91 states; ratified by 62 states

(as of April 2007)(as of April 2007)

Outer Space Treaty Outer Space Treaty Article 1 (1967)Article 1 (1967)

Outer space, as a territory, along with the objects Outer space, as a territory, along with the objects that derive from it, cannot be owned by individuals that derive from it, cannot be owned by individuals or States. or States.

One State cannot exclude another from space One State cannot exclude another from space exploration. exploration.

Therefore, all peoples have a right to utilize outer Therefore, all peoples have a right to utilize outer space as a property right for tourism, and to enjoy space as a property right for tourism, and to enjoy and access starlight for recreation, artistic and and access starlight for recreation, artistic and religious inspiration, scientific development, or any religious inspiration, scientific development, or any other pursuits.other pursuits.

Outer Space TreatyOuter Space Treaty

““Outer space, including the moon and other Outer space, including the moon and other celestial bodies, shall be free for exploration and celestial bodies, shall be free for exploration and use by all States without discrimination of any use by all States without discrimination of any kind, on a basis of equality and in accordance with kind, on a basis of equality and in accordance with international law, and there shall be free access to international law, and there shall be free access to all areas of celestial bodies.” all areas of celestial bodies.”

Spirit of Outer Space as a new territory specifically Spirit of Outer Space as a new territory specifically separates it from separates it from TerraTerra Nullius / Nullius / Manifest Destiny Manifest Destiny

Outer Space TreatyOuter Space Treaty

Article 4 of the Moon TreatyArticle 4 of the Moon Treatyapplies to all Celestial Bodiesapplies to all Celestial Bodies

““The exploration and use of the moon shall be The exploration and use of the moon shall be the province of all mankind and shall be the province of all mankind and shall be carried out for the benefit and in the interests carried out for the benefit and in the interests of all countries, irrespective of their degree of of all countries, irrespective of their degree of economic or scientific development. Due economic or scientific development. Due regard shall be paid to the interests of present regard shall be paid to the interests of present and future generations as well as to the need and future generations as well as to the need to promote higher standards of living and to promote higher standards of living and conditions of economic and social progress conditions of economic and social progress and development in accordance with the and development in accordance with the Charter of the United Nations.”Charter of the United Nations.”

Hubble demonstrated the empirical Redshift Distance Law Hubble demonstrated the empirical Redshift Distance Law of galaxies, showing that lawyers can in fact contribute to of galaxies, showing that lawyers can in fact contribute to the betterment of humankind the betterment of humankind

The Hubble Telescope’s purpose is being in orbit, “beyond The Hubble Telescope’s purpose is being in orbit, “beyond the interference of atmosphere and background light.”the interference of atmosphere and background light.”

Edwin Hubble Edwin Hubble Attorney and AstronomerAttorney and Astronomer

Travel and Tourism Protective LawsTravel and Tourism Protective Laws

It is through State based implementation of It is through State based implementation of international laws and norms and the development international laws and norms and the development of national tourism laws that practically enables of national tourism laws that practically enables the traveler to realize and exercise her Right to the traveler to realize and exercise her Right to Starlight. Starlight.

Starlight can then be seen as a commodity for Starlight can then be seen as a commodity for consumption by tourists and economic gain for the consumption by tourists and economic gain for the local tourism industry, and the State, resulting in a local tourism industry, and the State, resulting in a means of tourism and sustainable development.means of tourism and sustainable development.

Enforcement of the Right to Enforcement of the Right to StarlightStarlight

Offer rewards for States that implement and Offer rewards for States that implement and provide Starlight areas for travelers provide Starlight areas for travelers

Organizations mobilizing their scientific and Organizations mobilizing their scientific and touristic pursuits towards those States that touristic pursuits towards those States that are in fact providing Starlight are in fact providing Starlight

Boycott by these organizations towards Boycott by these organizations towards those States would provide the economic those States would provide the economic remedy and motive sought to ensure Rights remedy and motive sought to ensure Rights to Starlight are protectedto Starlight are protected

Travel and Tourism Protective LawsTravel and Tourism Protective Laws

TravelersTravelers – Tourists have particular rights, as found in – Tourists have particular rights, as found in the law that recognizes the rights to enjoy starlight: the law that recognizes the rights to enjoy starlight: 1.1. in spacein space

2.2. from terrestrial spots on Earth from terrestrial spots on Earth

3.3. while traveling for touristic and scientific purposes while traveling for touristic and scientific purposes

HostsHosts andand ProvidersProviders – The sustainable development – The sustainable development aspect is felt by the State that is acting as a host aspect is felt by the State that is acting as a host showcasing the starlight to the scientific traveler and showcasing the starlight to the scientific traveler and tourist. Then balancing of diverse social and tourist. Then balancing of diverse social and economic needs of the present and respecting the economic needs of the present and respecting the needs of future generationsneeds of future generations. .

ConclusionConclusion

There exist duties for both States and international There exist duties for both States and international organizations to protect the World Heritage Right to organizations to protect the World Heritage Right to StarlightStarlight

And to foster the rights of travelers, hosts, and And to foster the rights of travelers, hosts, and providers of travel to enjoy this Starlight “property providers of travel to enjoy this Starlight “property interest” that belongs to all humanity. interest” that belongs to all humanity.

The existing legal instruments demonstrate the The existing legal instruments demonstrate the protection for the Right to Starlight, but it is the States protection for the Right to Starlight, but it is the States that act as custodians of World Heritage that are that act as custodians of World Heritage that are charged with ensuring these rights are enforceable, charged with ensuring these rights are enforceable, and in turn made available to all of humanity.and in turn made available to all of humanity.