Kartikey Mishra | Presidency university | 9th November 2019
INTRODUCTION
With the growing nature of the economy tourism for the most parts has been a major source of growth. Specially for a country like India which gains most of its foreign exchange through tourism. Now one of the most exciting form of tourism which India is looking forward to is space tourism. Now, space is a final frontier to everybody. The main question that arises is whether space laws are apt for a country like India to venture into the territory of space tourism, as for starters first it is needed to be understood as to how space tourism can bring new source of prosperity to the system of Indian tourism. Space tourism as a venture has a potential to only enhance the tourism capabilities of the country but also it oozes the interest of the investors and create probabilities of immediate profit and lay the ground work for greater research and funding in another space applications.
REQUIREMENT OF LAW
It is assumed that when the space tourism
industry finally takes off there will be legal issues that will be needed to
address. The disclaimers and releases will need to be addressed first. The
disclaimers and releases need to be signed by the participants deciding to hurl
themselves into spaces. But there is also a question of law in the outer space,
the questions like if someone breaks the law in the outer space then what
sought of mechanism is required to punish such individual as well as there is a
need to look into the dispute mechanism as if any sought of dispute arises in
the realms of the outer space then how such disputes can be settled. All these
legal issues are needed to be addressed for the space tourism industry. For instance,
if an Indian aircraft is passing through another country and if a crime occurs,
then under who’s jurisdiction will the case be called upon? If a space plane
collides with a satellite then who has the right of way? Since space tourism is
such a new endeavor these legal queries regarding the proliferation of human
being in space have not yet been worked out. But they need to be worked out
since the space tourism is set to commence in couple of short years[1]. Even
the competition between the two companies start[2].
Need of a Legislation
It is quite evident that to make prosperity out of space tourism India needs to focus on strengthening its legislation not only in terms of dispute mechanism or jurisdiction but also the law needs to lay its focus upon several subject matters viz. Compulsory registration of aircraft, nationality, marking fitness of the space craft, medical standards, licensing of space crew and safety precaution for launching etc. Apart from it a strong legislation is required to include the private bodies to invest in space tourism. The private parties can be entrusted with different activities in connection with space tourism. The role of government in establishment of a new industry is to help its private sector to develop and encourage growth of domestic economies.
Space Tourism basic concept
Space tourism has been defined as “any commercial activity offering customers any direct or indirect experience with space travel”[3]. The official definition given by the World Tourist Organization of tourism and the U.N. statistical committee in 1994 reads thus, “The activities of persons travelling to and staying in places outside their usual environment for not more than one consecutive years of leisure”[4].
Tourism, hence, requires the availability of three distinct elements:
- A discretionary income available for leisure travel.
- Ample leisure time spend on both preparations for and taking the trips themselves
- An infrastructure supporting space tourism that offers accommodations, food, amenities, transport systems, and attractions to see and do at the place visited[5].
Different Stages Involved in Space Tourism
Earth’s Surface
Space tourism starts and ends at earth’s
surface. So mainly domestic law rules this part of space tourism. Thus, there
are some exemptions by international space law that interfere. For example
continuous supervision of non-governmental activities in the outer space by
states, Obligation for the launching state to register space objects and to
inform the secretary general of United Nations.
Air Space
Since, Space tourism off course does not restrict itself to the earths surface, the next region touched is the airspace. Air space is basically subject to states territory and sovereignty. In respect of space objects, this rule is limited, and an international right of passenger is out of question. This is justified in considering that airspace is just a necessary stage to get into or back from the next region of outer space.
Residence in Orbit- ISS
One project of space tourism plans to establish a hotel module linked to the international space station. The questions of jurisdiction have to be regarded under the viewpoint of the ISS-Agreement (International Government agreement on the Space Station) which basically follows the link up principle. Liability in respect of the ISS- Agreement could be a contractor or sub-contractor, of a partner state, a user or a customer of a partner state. The partner states are enabled to exclude by domestic law the applicability of liability convention[6]. Concerning the ISS with effect against the third party.
Outer Space
The significant provision is Art. VIII of the outer space treaty 1967[7] that says a state party to the treaty on whose registry an object launched into outer space is carried, shall retain jurisdiction over such object, and over any personnel there of while in outer space or on a celestial body. Here, state and private interests are also affected. It quite clear that this provision means, that national law, and consequently principles of inherent private international law is applicable on space objects.
Residence on Celestial Bodies
The stage is mainly regulated by Moon
Agreement (1979)[8].
Additional provisions can be found in outer space treaty, but these provisions
are broad and rather imprecise. Without a doubt basic rules of space law, like
the freedom principle and common heritage principle, are fully applicable. An
additional aspect is of ecological and ethical kind, because permanent bases
and colonies on the celestial bodies have to deal with weather conditions that
are rather different from earth. The aspect of terraforming[9] to
establish an earth like atmosphere and environment on a celestial body is apart
from technical difficulties is less than a legal problem, but merely an ethical
question.
ISSUE OF AUTHORIZATION
Authorization of space tourism is granted by national authorities in accordance with the relevant legal provisions of the space law. In some instances, Air law will likely be applicable to the aircraft and attached space vehicle prior to separation if an air launch is undertaken[10]. In contrast space law may be applicable to the sub orbital vehicle using rocket propulsion for thrust, as well as two space objects used when a space capsule is launched by a rocket. Under both international and national air law, an aircraft will require authorization. Since air law contains comprehensive and detailed regulations, authorization in this context does not raise further difficulties. The same can not be said for space law.
After separation the suborbital vehicle will require authorization according to international and national space law. If the space tourism activities are conducted by means of space capsule launched by a rocket, authorization will also be required for both vehicles involved.
By virtue of Article VI of the outer space treaty, states are obligated to authorize and to continuously supervise their national space activities. This obligation can best be complied with enacting national space legislation, preferably with a licensing regime for private activities in the outer space, including certification of space vehicles. For instance, example of national laws that regulate licensing requirement for space activities can be found in Australia, Europe, Germany, Russia and US. At this point national space legislation lacks specific regulations concerning space tourists. However, the US recently set an example for such specific regulation with its commercial space launch Act of 2004. The amended section 701 of Title 49 to the United States code contains explicit reference to “Space flight participants, enabling additional license requirements”. For a launch vehicle carrying a human being for compensation[11].
The most significant requirements for the licensing of any space activity carrying space flight participants including following[12]:
- Written information on the obligations of the licensee towards the space flight participant,
- Written informed consent by the space flight participant,
- Physical examination,
- Training, and
- Security requirements.
Regarding authorization of space flights including space tourists, it can be summarized that international space law does not have specific regulations. Moreover, most national space legislation also fails to provide specific regulations. The recent US regulations provide minimum requirements and takes into account the increasing prevalence of space tourism activities.
The Registrations of the Aircrafts/ Space Objects Carrying Tourists
The aircraft use in the air launch as well, as the space vehicle prior to separation, would need to be registered according to air law. In contrast a space vehicle used in an air launch, as well as both space objects used when a space capsule is launched by a rocket, must be registered according to space laws. Specifically, registration must be pursuant to the registration convention[13] and national space laws. However, the registration convention does have deficiencies in the light of a marked decrease in the registration of space objects.
Accordingly, UNICLOPUS (UN Committee on peaceful uses of outer space) working group on the practice of States and International Organizations is Registering space objects has considered altering the Registration convention to make it more effective in registering space objects. Its objective is to “encourage states to adhere to the Registration Convention, improve the application and enhance its effectiveness of the convention and assist in developing and strengthening national legislative norms relating to the registration of objects launched into outer space”[14].
With increased space tourism activities occurring on more of a regular basis, classification of space vehicle used as space objects would certainly necessitate the effectiveness of the Registration convention[15].
Space Tourism in India
Space activities in India are rising very rapidly. Even though there is avoid in space legislation the activities pertaining to the same are effectively organized under the auspices of Indian Space Research Organization (ISRO). The launch of Chandrayan-I is the landmark in the space activities undertaken by India. Space tourism in India has gained some extent of excitement and glamour in a very early stage. Quite a number of prospective space travellers are evincing interest in space travel. This is also evidenced by the number of people registered for India’s maiden spaceflight “Virgin Galactic” space flight in the near recent future.
With the space tourism industry gearing up
for flight within next two years, accredited space travel agents are also getting
ready to pitch the wonderment to potential space tourists Richard Branson’s
Virgin Galactic, a global commercial space tourism group, has entered the
Indian market with an eye on wooing Indians into space. Virgin Galactic has
opened its office in New Delhi and will act as a felicitator for Indians to
book tickets for space. The spaceship will be launched at the height of 50,000
feet above earth and on its release the month ship will take a vertical
trajectory at three times the speed of sound.
Carolyn Wincer, head of astronaut sales of virgin Galactic, told the press that nearly, 300 people, including, four Indians have bought tickets to travel on the spaceship. Santosh George Kulangara, based in U.S, is the first Indian who has booked a ticket to space in the first year of commercial operation of this adventurous venture[16]. These availabilities will promote space activities under the space regime in India.
Requirements of Space Tourism Activity in India
There are certain important requirements which a qualified space system should have and its true for India also. These requirements are essential for space tourism infrastructure also. The most important requirements[17] a space tourism system have to meet can be summarized into following
- The space tourism system has to come up to expectations of space tour participants, namely to the most preferred once: looking at earth and experience of weightlessness. The vehicle design should therefore provide a sufficient number of windows and sufficient interior space to fly.
- High inclined orbit is favourable, covering a great proportion of earth’s surface.
- Due to medical restriction the acceleration level should be kept lower than 3G.
- Although most survey participants prefer longer trips, it would be recommended to limit the space tour to several hours in accordance to avoid space sickness. There is no general time limit as to when space sickness will occur, but it has been shown that in the first hours of space flight the space sickness level is at the lower side.
- By reducing flight time, some space tourists may think to get insufficient service for their money. To compensate for this feeling a kind of luxurious space camp should be implemented before each space flight. In providing technical information, health monitoring and professional space training, a space camp will intensify the feeling of becoming a “real astronaut”. A great psychological momentum in getting customers content.
- In general, Appropriate procedures are required to proof health conditions of space tourists. Because of the fact that some tourists will be dismissed space flight due to medical reasons, it would be recommended to accomplish proper health inspections, best in connection with the space camps.
- The most important, it would be essential to meet the demand price figures. Considering the market surveys, a sufficient demand will be established at ticket prices of $50,000 or less.
A
space tourism vehicle which obviously will meet this requirement has been
developed by Kawasaki and Fuji Heavy Industries in 1994[18].
Another important aspect other than infrastructure facility is with respect to licensing and authorization of space objects and human beings properly. The government should take initiative in proper training of prospective tourists and also awareness programs should be undertaken. Countries like U.S have various national policies on authorization and supervision of space objects and human beings. Another aspect is state liability. With respect to state level policies in cases of state liability in ISS, the inter-Governmental Agreement adopted by different nations in 1998 sounds effective. To promote the state activities especially commercial activities in a country like India, membership of such an agreement will be efficient.
The greatest challenge before India is allotting funds for all these above-mentioned requirements. In order to meet this challenge an effective and enforceable national space policy needs to be enacted.
Need for domestic regulations in India
The matters related to space activities of the Government of India are under the overall responsibility of the space commission (SC), which formulates guidelines and policies to promote the development and application of space science and technology. There is an immediate need for a codified National Space Policy (NSP) for making its activities more focused and resourceful, as space has become a place that is increasingly used by a host of nations, consortia, businesses and entrepreneurs, and as space business operates beyond sovereignty of national borders. The NSP should focus on commercial exploitation of various potential space businesses opportunities activities like space manufacturing, space resources for space and earth, space business parks, satellite and space transfer services, travel and entertainment, space transportation, Space infrastructures, space utilities, Space solar power etc.
Based on these regulations of National
Space Policy the space market in India will be dependent to flourish.
India’s scope in space tourism
India has proved itself to be independent space power in the recent past ISRO required less investment to send Chandrayaan to mars, than Hollywood did to make to make the film Gravity, and that impressive small budget, was to a great extent, attributed to the lower cost of engineering. In 2011 university of petroleum and Engineering, Dehradun, conducted a pilot study exploring scope of a space tourism in India. Which suggested that India could reduce the overall cost of commercial space travel. It states that at present anyone looking to buy a seat will have to dish out roughly $ 200,000 but if India can bring down the figure by fourth, it will be a competitive player in the market. This will create a domestic market for space tourism amongst its own upper crust, drawing up to 15,000 passengers a year[19].
Why it’s worth it
Investment in space tourism can generate a lot revenue and increase the employment into large scale. The move will bring manned space flights, so far not attributed significance to the forefront of Indian Space Activities. In no way it can be termed as unnecessary project, manned spaceflights have made some huge contributions to the human beings in the past. While countering the many problems of astronauts in space, NASA invented the cat scanner, joystick and long distance telecommunication inventions that are taken for granted every day while people sit back and deride the “futility” of space exploration.
Possible market for space tourism in India
Keeping in view of above pointed rationale the companies pioneering for investment in space law today seek the first mover advantage and may be tomorrows market leader for this sector. In connection to this we find that developed countries like U.S.A, Japan, Russia, United Kingdom, France, Germany are taking the lead. However, we find India missing the space race by private players (except Virgin Galactic), India has now the opportunity to join this exclusive club of nations to contribute in the possibility of space tourism.
Understanding of the potential markets and demand is the key to examining the possibility of operations for space tourism in India. As based on Futron’s Study space tourism consists of broadly two types of travel:
- Suborbital travel
- Orbital Travel
Now let us see for demand for each segment
of space travel in India
Sub-orbital travel[20]
According to few reports there is no demand till 2013 for space travel, however, in the forecast if the price of sub-orbital flight is decreased to the price of USD 150,000 the demand for the sub-orbital travel spurts with possibility of almost 4000 passengers in 2013 and finally number of passengers for suborbital travel could increase to 8500 in 2020. Again, it has been assumed that the ticket price for suborbital travel has been decreased to USD 100,000 in 2020 again we see steep surge in demand almost four-fold increase to almost 33000 passengers in 2021 and finally it reaches to 5000 passengers by 2025. However, this survey can’t be treated as realistic as this survey was just done for a preliminary study.
The revenue projections of suborbital travel market demonstrate that the revenue could be realized of all of the forecasted demand for flights could be met. Thus, it is observed that total revenues from sub-orbital trips starts from almost USD 630 million in 2013 and increases to USD 5000 million in 2025. It should be noted that supply constraints on the market could significantly lower the potential number of passengers and therefore, revenue.
Orbital Travel[21]
As per the research study conducted by CAS for orbital travel it has been found that at the ticket price of USD 20 million there is possibility of two passengers that are willing to go for orbital travel from India[22]. In this study following demand side constraints customer willingness to pay for orbital travel, net worth, participation after flip side description of travel, health status, unique experience. Apart from this one supply side constraint i.e. actual number of seats available for orbital travel per year is also placed to reach suitable conclusion for demand. The supply side constraint becomes the main determinant to forecast the growth for orbital travel in India. Initially if all the seats are allocated to Indian customers there is possibility of two passengers each year from India. Meanwhile in this study it is assumed that by 2016 there will be extra flight of Soyuz per year. Therefore, number of passengers going for orbital travel will increase to four. Therefore, passengers carried for orbital travel from 2016-2020 will be four. However, the current trend of carrying two astronauts and single passenger on a Soyuz flight is subject to change with the introduction of a single astronaut and two passengers. It is assumed that this change will occur by 2020; therefore, the Soyuz capsule would carry eight passengers per year between 2020 to 2025.
The forecast for orbital space travel results in a cumulative 8 passengers over the entire forecast period as the only means of providing the flight till now is through a Soyuz capsule.
The revenue forecast for orbital travel market demonstrates the potential value that can be realized if all of the demand for flights could be met. However, supply remains a severe challenge as up until now, only the Soyuz capsule is capable of ferrying passengers into and out of orbit. Accordingly, it has been reasoned that till 2025 possibly no other agency would commence such type of travel. Thus, it has been found that at most supply projections can only fulfil demand for 8 passenger’s seats per year between 2020 and 2025.
It has also been found that total revenue from orbital trips would start at USD 40 million in and it will increase to USD 160 million in 2025. It should be noted that supply constraints on the market could significantly lower the potential number of passengers and, therefore, the revenue picture could be more promising.
Space 2.0 India[23]
Space 2.0 is a vision to develop and ecosystem and enable SMEs as well as New space entrepreneurs to take the next leap forward in the country to develop end-to-end products and services that are globally scalable. It is that stage where enterprises and startups in the country shall be able to leapfrog based on five decades experience and expertise gathered in space with offerings that complement the efforts of ISRO. It is empowering small businesses to scale their offering of product and services to integrate into global space supply chain and compete internationally in the USD 300 billion industry.
There are several important developments that nee to move ahead as India build up to this sort of ecosystem. India needs large business houses to make stronger commitments to investment in the space sector in gaining sophisticated end-to-end system level knowledge. This will also need encouragement from ISRO to guide these first movers towards sustainable growth. There is a strong possibility of this occurrence since there is an inherent national demand that is driving the need for production of over a dozen rockets or satellites a year.
Such startups could favor the Indian space tourism industry space 2.0 is integrating products and services into the global collaborations that may not just be academic or technological but also will go further in solving the problems of financing and regulatory framework required for space tourism industry. Space 2.0 will provide a dynamic framework and also see the spill over of technology product and services from the government, which shall involve more space entrepreneurs to scale their offerings in the Indian space commerce and space tourism industry.
It is important to understand that the foundation and practice of establishing a fair and transparent space legislation and regulatory system can provide leeway to achieve a critical mass of linkages between upstream and downstream activities that can potentially expand the space economy of the country to many folds to what is today. This can also serve in setting precedents for a future that may behold larger initiatives such as space mining and space solar power etc. Developing an ecosystem that will support the rise of space 2.0 in the country has the potential to make space the next big technological leaps at the same time it provides a great initiative for space tourism activities.
Space Tourism: Relation with Insurance Firms
As space tourism matures, it holds tremendous opportunity for insurance companies to offer risk coverage to those on board, similar to what they do for passengers of airlines. Director of Indian Space Research Organisation (ISRO) Liquid Propulsion systems Centre, S Ramakrishna said apart from satellite and launching sector, personal space flights, space tourism and adventure space tourism are emerging as a possible market for insurance players.
Speaking on risk and insurance solutions for space ventures in the 21st century, executive vice-president of ISB, Tim Wakeman said within India, the space industry is thriving, contributing around Rs 10,000 crore per annum to the Indian economy. According to him it is a good time to buy insurance for spacecraft as market conditions are favourable with premium rates on the decline and availability of insurance capacity is three-four times the demand.[24]
Such broad prospects gives the chance to the insurance firms to develop their policies according to the needs of Space related risks and make a comprehensive cover for all the risk associated with space travel.
Safety and reliability are of paramount importance to any transportation industry, but for space transportation they may become the defining issue of the industry’s success or failure. Space flight is seen as a risky endeavor, and at such circumstance’s insurance firms role becomes more important in covering such broad dimensions of risks.
Outer space is a dangerous place. Humans are not fully suitable to live in space. When in space, a human is subjected to radiation exposure far greater than he gets on Earth, the lack of gravity causes bloating and los of bone mass and many people become disoriented. There is no air in space, so people need to carry air with them. But that means that they also are in danger from leaks caused by impacts. And if something goes wrong with air handling system, they may suffocate and eventually die.
Then, there are dangers involved in even getting to space. Space is a long way up, so high accelerations are needed to get there within any reasonable time, and human body is not suitable for such forces. Moreover, there are problems in returning from space primarily due to strong forces on human body resulting from the interaction of Earth’s atmosphere on the spacecraft.
With so many high octane risks the role of
the insurance firms becomes pivotal and to a larger extent they need to draw up
proper policies to counter such risks and danger.
Future of Space Tourism
Currently space tourism is on course to being developed as a model of space adventure, though with some potential concerns like, the one thing that has held back its development is a low cost passenger vehicle. Currently, a rocket launch is very expensive ordeal, with the cost of fuel and resources very high. Right now, space tourism is in its pioneering phase where customers will be very few, and the cost will still be fairly high. These trips will be more adventure travel rather than a luxury filled experience. These trips will be more focused on the safety of the passengers as opposed to more comfort.[25]
While trips into space could be sooner than we think, some companies have their sights set on venturing even further, with aspirations of building the first orbital space hotel. Orbital technologies are a Russian company that has plans to build a small space hotel that can fit up to seven guests and will orbit entirety of the Earth. Eventually, they wan to build “lunar Colonies” for longer stays in space that will be more focused around leisure[26].
These developments can bring in a lot of
revolutionary changes into space industries and act as a spring board to give
the tourists more value of money and an enjoyable bit of time.
Conclusion
The option of space tourism really looks lucrative but how far it could be implemented in India without body of rules and laws in force is a question. No doubt that it’s one of the most lucrative and heavily money rising prospect. But its visibility has to be analyzed from various point of views. For example, whether it accords with the principles of sustainable development or not. The issue with regard to right to sovereignty of orbital space etc. Simultaneously it also had to be seen what kind of labor with what kind of skills are needed to run this industry. What is the possible risk that they can imbibe. That whether the industrialists are making any kind of provision for risk minimization and compensation or not and how it could be implemented. The establishment of this industry would invite inclusions in the present tax structure as well. Also, at the same time new regulations ha to be bought with regard to the maintenance of the industrial machines.
Various Indian ministries have come up
with new schemes and arrange for resources in order to support this industry in
our country. Since this industry would involve a large amount of hi-fy
technology machineries, its needless to say that over a period of time it would
convert into one of the most expensive industry consuming a lot of state
resources amenities. Therefore, it also has to be seen that what percentage of
Indians with there disposable income can actually afford the luxury of space
tourism. It also has to analyze that how competitive would this industry grow
in comparison to the land tourism industries. Since this option is highly
fascinating it has to be seen that whether it could dominate the tourism market
in such a manner that it gives the land tourism industry a heavy loss.
Therefore regulations are needed on this front also, predominantly when India’s
constitutional ideology is motivated by the concept of social welfare.
[1] AP, “Private spaceship makes first flight, The Times of India, Kolkata, 12 October 2010.
[2] Jeff Foust, Space Adventures to Develop Suborbital Vehicles, (May27, 2010) https://www.technologyreview.com/s/419112/space-adventures-to-develop-suborbital-vehicles/
[3] Stephen Hobe & Jurgen Kloppenburg, Toward a new aerospace convention? Selected legal issues of “space tourism”, 2004 proceedings of the Forty Seventh Colloquium on the law of outer space 377.
[4] Roger D. Launius & Dennis. Jenkins, Is It Finally Time for Space Tourism? Astropolitics 253, 255(2006).
[5] Dr. Frans G. Von Der Dunk, “Passing the Buck to Rogers: International liability issues in private Space Flight”,86 Neb. L. Rev (2007), P 400
[6] United Nations treaties and Principles on Outer Space, http://www.oosa.unvienna.org/pdf/publications/STSPACE11E.pdf
[7] id
[8] id
[9] http://www.thefreedictionary.com/terraform
[10] id
[11] id U.S.C 70105(b) (D) (SUPP 2004)
[12] id
[13] Convention on Registration of objects in the Outer Space,1975
[14] id
[15] id
[16] Keralite to be India’s First Space Tourist, http://www.dnaindia.com/report.asp?NewsID=1084939
[17] Sven Abitzsch, Prospects of Space Tourism, (May.15,1996) http://www.spacefuture.com/archive/prospects_of_space_tourism.shtml
[18] id
[19] Anirudh Rastogi, How Can India Become a Star In Space Tourism Industry, (Dec.11,2015,9:01am),https://www.huffingtonpost.in/anirudh-rastogi/space-tourism-and-the-ind_b_8524542.html
[20]Mukesh Mohan Pandey, Possibility of space tourism in India: issues and Concerns-ISSN: 2278-487X, p-ISSN: 2319-7668. Volume 11, Issue 4 (Jul. – Aug. 2013), PP 32-39 , http://www.iosrjournals.org/iosr-jbm/papers/Vol11-issue4/E01143239.pdf?id=5002
[21] id
[22] The study of UPES, Dehradun
[23] Narayan Prasad Nagendra, Space 2.0: India Leapfrogging Indian Space Commerce, (Feb 27,2017), https://www.orfonline.org/expert-speak/space-india-leapfrogging-commerce/
[24] Space Tourism a good scope for insurance firms, (27 Aug 27,18:04), http://business.rediff.com/report/2010/aug/27/space-tourism-a-good-scope-for-insurance-firms.htm
[25] Bryan Kitman, The Future of Space Tourism, (March.27,2018), https://www.sdentertainer.com/news/future-of-space-tourism/
[26] id
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