Legal aspects of space launches

[nabata]

Hello,

this is my first message in the forum and i hope you will be able to help me
My doubt is about the legal aspects of launches to space. If a country launches a rocket from a base on its surface, what happens if it has to fly through another country's airspace?? does it have permission to do it?? must there be a previous agreement to do it?? what is the liability of the launcher state??

and the second part of the question is this. What happens in case of the air launches. For example, in case of Pegasus. Could it fly over a country since it is launched from a high altitude?? Is there a limit for the altitude to be considered??

If you can help me find information about this issues i will be extremely thankful!!

Thanks a lot in advance and kind regards!!

 

[Boris_Badenov]

Airspace
Here is a Wiki article that describes the legal definition of "Airspace."

"The Lord's Prayer is 66 words, the Gettysburg Address is 286 words, there are 1,322 words in the Declaration of Independence, but government regulations on the sale of cabbage total 26,911 words. "

Be careful of legal definitions though, they can be archaic & difficult to understand.

 

[Boris_Badenov]

Oh!!! Welcome to SDC.

 

[Woggles]

Hello,

this is my first message in the forum and i hope you will be able to help me
My doubt is about the legal aspects of launches to space. If a country launches a rocket from a base on its surface, what happens if it has to fly through another country's airspace?? does it have permission to do it?? must there be a previous agreement to do it?? what is the liability of the launcher state??!!

I not an expert in this but I think once the rocket had obtain the 100 mile altitude, (consider the beginning of space ) then there is no "air Space" to be violated. If a rocket had to cross a boarder before obtaining the 100 mile limit then it would violate that country air space. I think the same would apply on the return flight.

[

Welcome!!

Paul

 

[bdewoody]

As far as private space launches are concerned I would be more worried about the legal liability of the launch company and the nation from which the launch occurred. If a manned space vehicle exploded or went out of control on takeoff or re-entry and killed the crew and passengers and/or people on the ground who would pay the damages if anybody? One launch failure of a crewed vehicle would probably bankrupt the parent company.

I think this may be part of why private space ventures are proceeding painfully slow.

 

[EarthlingX]

As far as private space launches are concerned I would be more worried about the legal liability of the launch company and the nation from which the launch occurred. If a manned space vehicle exploded or went out of control on takeoff or re-entry and killed the crew and passengers and/or people on the ground who would pay the damages if anybody? One launch failure of a crewed vehicle would probably bankrupt the parent company.

I think this may be part of why private space ventures are proceeding painfully slow.

This is what insurance is for. Costs are probably related to reliability, which i guess has to be proven, not calculated, at least that's how i would do it, if i were insurance company.

 

[bdewoody]

That's kind of where I was going. Will LLoyds or some other insurer underwrite these relatively small private space venture corporations without anything to base the policy on?

 

[neuvik]

Hello,

this is my first message in the forum and i hope you will be able to help me
My doubt is about the legal aspects of launches to space. If a country launches a rocket from a base on its surface, what happens if it has to fly through another country's airspace?? does it have permission to do it?? must there be a previous agreement to do it?? what is the liability of the launcher state??

and the second part of the question is this. What happens in case of the air launches. For example, in case of Pegasus. Could it fly over a country since it is launched from a high altitude?? Is there a limit for the altitude to be considered??

If you can help me find information about this issues i will be extremely thankful!!

Thanks a lot in advance and kind regards!!

It depend on the altitude. In international law there is actually no definition of where the atmosphere ends and space begins! But writtin in international law a country who owns a ship or device that is meant for space (ship or satellite) can enter any country and retrive their device. There was a case during the cold war where a satellite fell in to Canada, and the USSR was allowed to come and take it.

In the atmosphere a country is allowed control of their skies, and to manage them in a way they see fit. However commercial aircraft are granted some immunities, such as emergancy landing...

 

[EarthlingX]

That's kind of where I was going. Will LLoyds or some other insurer underwrite these relatively small private space venture corporations without anything to base the policy on?

That probably depends again. If they do tests on their hardware, like running engines before launch, that is some reliable data, at least to extent.
I asked this question once before on this forum, but it seams that all lawyers and insurance agents have been banned :lol:
Maybe we can find out how much will be insurance for a coming SpaceX launch ? Biggelow ? Virgin ?
How do insurance companies really do this thing ? How is it done in aviation or marine ? Might be related ...