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37 J. Space L. 299 (2011)
Suborbital Flights: A Comparative Analysis of National and International Law

handle is hein.journals/jrlsl37 and id is 311 raw text is: SUBORBITAL FLIGHTS: A COMPARATIVE ANALYSIS OF NATIONAL AND INTERNATIONAL LAW Sara M. Langston* I. INTRODUCTION The nature of suborbital space flight activities inherently involves multiple regimes of regulation and international agreements. It also traverses established spheres and governing bodies, from land to air to space, giving rise to a complex system of inter-regulation. The purpose of suborbital flights is another issue. While commercial suborbital flights are commonly re- ferred to as space tourism this term is legally dissatisfactory on several accounts. First, there is no uniformly accepted defini- tion of space tourism. As such, it represents more of a cultural interpretation of private space access than an industry term of art. Secondly, suborbital flight transcends pure entertainment value, with the expectation that commercial suborbital activities will provide transportation services in the near future, not to mention providing scientific opportunities in a microgravity en- vironment. Lastly, launch licensing regulations are not con- cerned with in-space activities, only the launch and reentry op- erations. Thus, a distinction amongst commercial customers (tourist versus experimenter for example) is not legally rele- vant. Consequently, this article will address the legal implica- tions of commercial suborbital flights as a whole, not merely for entertainment purposes. In addition, air launched suborbital flights implicate more complex legal issues over traditional . Sara M. Langston is Research Counsel at the National Center for Remote Sens- ing, Air, and Space Law, University of Mississippi School of Law. Ms. Langston received her B.S. at Woodbury University, her J.D. at Golden Gate University School of Law, and her LL.M. from Leiden University. This paper is an excerpt of Ms. Langston's LL.M. Thesis, submitted at Leiden University. She also holds a Space Studies Certificate from the International Space University and is a member of the New York Bar. 299

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