International Suborbital Passenger Transportation: An Analysis of the Current Legal Situation of Transit and Traffic Rights and its Appropriate Regulation

Commercial suborbital activities are becoming a reality. While the majority of attention is given to suborbital tourism, there is a developing interest in international suborbital passenger transportation (ISPT). For example, Virgin Galactic has proposed to offer - within the next 10-35 years - a four-hour service between London and Sydney. However, despite recent developments in the commercial suborbital industry and with the potentiality for ISPT to compete with traditional aviation, there is no consensus on how to regulate this developing area. This paper will highlight that both international air and space law have the capacity to regulate suborbital activities. As a result, the granting of traffic and transit rights under these two legal regimes will be used as a case study with the aim of exposing the consequences of applying air and space law to the commercial suborbital industry. This examination will highlight that, due to the over-regulation provided through air law and the under-regulation provided by space law, neither regime is appropriate. Therefore, this paper will suggest that a sui generis legal regime that picks from the existing regimes what works, discards that which does not, and creates new what is missing, while taking into consideration the wider picture, would be the best method to regulate this emerging area and allow it to develop and mature as an industry.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/19347170
• Authors:
  • Scott, Benjamyn Ian
• Publication Date: 2015

Language

• English

Media Info

• Media Type: Print
• Features: References;
• Pagination: pp 277-311
• Serial:
  • Issues in Aviation Law and Policy
  • Volume: 14
  • Issue Number: 2
  • Publisher: International Aviation Law Institute
  • ISSN: 1934-7170
  • Serial URL: https://las.depaul.edu/centers-and-institutes/chaddick-institute-for-metropolitan-development/research-and-publications/Pages/issues-aviation-law-policy.aspx

Subject/Index Terms

• TRT Terms: Aviation law; Commercial space transportation; International compacts; International travel; Legal factors; Passenger aircraft; Regulation; Spacecraft
• Identifier Terms: Virgin Galactic
• Subject Areas: Aviation; Law; Passenger Transportation; Policy; I10: Economics and Administration;

Filing Info

• Accession Number: 01570200
• Record Type: Publication
• Files: TRIS
• Created Date: Jul 20 2015 3:48PM