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29 Dublin U. L.J. 341 (2007)
To Boldly Go: Private Contractors for the Carriage of Persons in Space, Exclusion Clauses and Inter-Party Waivers of Tortious Liability

handle is hein.journals/dubulj29 and id is 347 raw text is: TO BOLDLY GO? PRIVATE CONTRACTS FOR
THE CARRIAGE OF PERSONS IN SPACE,
EXCLUSION CLAUSES AND INTER-PARTY
WAIVERS OF TORTIOUS LIABILITY
ZELD[NE NIAMH O'BRIEN*
INTRODUCTION
The launch of Sputnik 1 in 1957 ushered in a new era for humankind although
the desire for space travel can be traced much further back. Lucian, in True
History, examines the idea of a crew of men whose ship travels to the Moon
during a storm.' Jules Verne also took up the theme of lunar visits in his books,
From the Earth to the Moon2 and Around the Moon. Robert Heinlinn's short
story, The Menace from Earth published in 1957 was one of the first to
incorporate elements of a developed space tourism industry within its
framework. Many science-fiction novels reflected on the same theme in the
1960s such as Arthur Clarke's A Fall ofMoondust4 and Joanna Russ' Picnic
on Paradise.5 The cult TV series Star Trek also glamorised the idea ofholidaying
on exotic worlds, like Risa.6 The reality of space travel, specifically private
commercial space carriage, has proven less exotic but no less exciting, with
Richard Branson's plans to open up the final frontier to space tourists by the
close of the decade relying on the technology of Space Composites, the winners
of the Ansari X-prize. The potential problems posed by current space contract
* PhD candidate, Trinity College, Dublin. My thanks to Dr Gemot Biehler for his
comments on an earlier draft. This research has been generously funded by a Trinity
College Postgraduate Studentship. All errors and omissions are my own.
1. H W Fowler and F G Fowler tr, The Works ofLucian ofSamosata (Clarendon Press,
1905).
2. (Brown Watson, 1960).
3. Jacqueline and Robert Baldick tr, (Dent, 1970).
4. (Gollancz, 2002).
5. (MacDonald & Co, 1969).
6. For example, The Next Generation: Captain ' Holiday (S03/E 19), Deep Space 9:
Let He Who Is Without Sin (S05/07) and Enterprise: Two Days and Two Nights
(SO1/25).
7. Michael Dornheim, Sir Space Tourist (2004) 160(13) Aviation Week and Space
Technology 30.

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