With the UN’s declaration of an International Day of Space Flight and celebrations of the 50th anniversary of the flight of the Russian cosmonaut Yuri Gargarin, space tourism is becoming a popular notion.

By Geraldine Coughlan

From the Dutch Caribbean island of Curacao, space tourists can now reserve seats on a trip to outer space. But what are the legal consequences of blasting passengers into orbit and who is responsible for their travel insurance?

Can Icarus make it?

The development of Spaceport Curaçao and the launching of private space flights will mean legal parameters. The most important ones are determined by the international legal framework on space travel.

Curaçao, well aware of the need to comply with this legislation and deal with the consequences, is developing local regulations. The purpose is to ensure a balance between the public interests in safe, secure and legitimate space activities. Also, a balance between the private and public interests in a healthy private space industry.

International responsibility

This international framework is made up of four international treaties. Because of its status within the Kingdom of the Netherlands and the most likely scenarios for private space flights from Curaçao, both Dutch and US national space legislation are relevant to the Spaceport.

International treaties

The Outer Space Treaty (1967): a state is internationally responsible for space flights under international law and for flights undertaken by private companies, as long as they qualify as ‘national activities’ of that state.

Because Curaçao is not a state under international law, it relies on local regulation with regard to private space flights from the island. But ultimately the state responsibility for those flights would lie with the Netherlands.

The Rescue Agreement (1968): addresses the rights of the launching state to the salvage, recovery and return of a spacecraft by other states in case of an accident - the launching state has to reimburse the other states for their costs.

The Outer Space Treaty Liability Convention (1972): a special regime applies to damage caused by space objects and international liability for such damage. This regime calls for national implementation, preferably by means of a licensing system and a right of reimbursement.

The Registration Convention (1975): requires the launching state to establish a national register of space launches and to provide the United Nations with data on these launches. Curaçao, not being a state, nevertheless has to comply, in coordination with the Netherlands.

See also: Book now for Curacao space travel: http://www.rnw.nl/international-justice/article/book-now-cura%C3%A7ao-space-travel