Modern Australian
Times Advertising

As the rescued astronauts return, space law is still in orbit over who’s responsible when missions go wrong

  • Written by Anna Marie Brennan, Senior Lecturer in Law, University of Waikato
As the rescued astronauts return, space law is still in orbit over who’s responsible when missions go wrong

Now back on Earth thanks to Space X’s Dragon capsule, astronauts Suni Williams and Butch Wilmore will be breathing fresh air again after a gruelling nine months onboard the International Space Station.

Stranded in June 2024 after their experimental Boeing Starliner spacecraft malfunctioned and was deemed too risky to carry passengers back to Earth, their stay was further extended last week when the recovery mission was postponed due to launchpad problems.

A successful rescue mission will be a relief to NASA, which had the unprecedented task of figuring out how to get the astronauts home. But the crisis has also raised difficult questions about space missions and what happens if they don’t go to plan.

This is complicated by civilians now going into space, including actor William Shatner and business tycoons Jeff Bezos and Richard Branson. Later this year, pop star Katy Perry and talk show host Gayle King will blast off on board Blue Origin’s NS-31 Mission.

Corporations such as SpaceX, Blue Origin, Rocket Lab and Virgin Galactic are increasingly at the forefront of the new space race, but they operate in a legal vacuum as well as an atmospheric one.

With the law not keeping pace with this rapid rise in commercial space exploration and exploitation, just who has a duty to rescue so-called space tourists and astronauts is unclear. Urgent legal reform is needed.

Privatisation of space

International space law contains a special duty for countries to rescue astronauts, regardless of their nationality.

According to the United Nations Agreement on the Rescue of Astronauts, all member countries of the treaty, not just the country that launched the mission, have a duty to take “all necessary steps” to assist spacecraft crew in distress.

This includes missions still in space as well as spacecraft that crash land in another state’s territory or at sea. The state conducting the rescue mission must safely return the astronauts to Earth – and to the country they originally launched from.

But it’s not clear whether private space companies will have a similar duty. Some experts worry space tourists may have no real legal protection.

Space law dates from the 20th century, when the 1967 Outer Space Treaty was adopted. But the original space race involved superpowers, and the possibility of corporations one day crossing the “final frontier” wasn’t even considered.

So, if space tourists become stranded like Williams and Wilmore have been, there’s a possibility – in law at least – they could be left to fend for themselves.

NASA’s Butch Wilmore and Suni Williams on their way to the launch craft of the ill-fated mission in June 2024. Getty Images

Who is an ‘astronaut’?

Space policy experts are now calling on the international community to adopt a broad interpretation of the term “astronaut” to ensure anyone has a right to be rescued regardless of their legal status.

They’re also calling for new rules to determine who is responsible for rescuing private citizens if they get into trouble. Despite the several treaties and conventions regulating space activity, none address space tourism.

Currently, space tourism involves lower atmosphere travel, but SpaceX’s Elon Musk has talked about sending tourists to Mars. However realistic that is, space law is struggling to keep up with such ambitions.

With the rise of private space missions, there is now a strong argument for the companies involved being required to shoulder or share the associated costs and responsibilities.

Described by the UN Office of Outer Space Affairs as “envoys of humankind”, astronauts undergo years of arduous training before taking part in space missions. They are acutely aware of the risks of space travel – but have embraced it.

The same can’t be said for civilians. Space tourism is still in its early days, but the companies promoting it will need to act responsibly and sustainably. This means making their customers aware of the dangers and implementing rescue procedures and protocols.

Without proper regulatory oversight, however, space tourism companies could require prospective customers to sign legal agreements waiving their right to rescue if they are in danger.

The challenge for space law now is to find a workable compromise between human safety and corporate profit motives.

Authors: Anna Marie Brennan, Senior Lecturer in Law, University of Waikato

Read more https://theconversation.com/as-the-rescued-astronauts-return-space-law-is-still-in-orbit-over-whos-responsible-when-missions-go-wrong-252594

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...

Pipe Floats Strengthening Pipeline Performance In Demanding Environments

Pipelines often travel through environments that are anything but predictable, water currents shift, terrain changes, and materials keep moving unde...

Why Ceiling Fans Are Essential For Comfort, Efficiency, And Modern Living

Creating a comfortable indoor environment is not just about temperature; it is about how air moves, how a room feels, and how efficiently energy is ...

Why Duct Cleaning In Melbourne Is A Smart Investment For Healthier Living Spaces

Behind your walls, ceilings, and vents lies a network quietly working every day to keep your home comfortable. Yet over time, this system can become...

Disability Service Providers Supporting Inclusive And Independent Living

Finding the right support system can feel like assembling a puzzle where every piece must fit just right. For individuals and families navigating di...

A Beginner's Guide to Owning a Caravan in Australia

Owning a caravan opens up a style of travel that's hard to match for freedom and flexibility. However, for those just starting out, the process of c...

Preparing Your Air Conditioner for Summer: What Most Homeowners Overlook

As temperatures rise, many homeowners switch on their air conditioning for the first time in months — only to find it’s not performing the way i...

What Actually Adds Value to Properties in Newcastle

Newcastle has seen steady growth over the past few years, with more buyers looking beyond Sydney for lifestyle, space, and long-term value. As dema...

What is Design and Build in Construction?

Imagine you’re about to start a new construction project, maybe it’s a custom home or a commercial building. You’ve got the idea, the land, an...

Commercial roof leak detection: why early action protects your building

Water ingress is one of the most disruptive and costly issues facing commercial properties. For property managers and facilities teams, even a minor...

Custom Photo Frames: Turning Everyday Moments into Lasting Displays

Photos capture moments, but how you display them determines how they’re experienced every day. A meaningful photograph deserves more than a generi...