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University of Nebraska - Lincoln
Space, Cyber, and Telecommunications Law Program: Faculty Publications
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From Space Tourists To Unruly Passengers? The U.S. Struggle With "On-Orbit Jurisdiction", F. G. Von Der Dunk
From Space Tourists To Unruly Passengers? The U.S. Struggle With "On-Orbit Jurisdiction", F. G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
With the first proper commercial sub-orbital “space tourist” flights seemingly around the corner, the need to develop a proper legal system addressing all relevant parameters, scenarios, and events also arises more visibly. This is particularly true for the United States, where so far the major developments in private manned spaceflight are concentrated, some of which may soon move from relatively straightforward up-and-down sub-orbital trajectories to longer-duration suborbital and/or orbital flights, or even long-duration presence in (potentially private) space stations. As one author succinctly put it: humans are essentially unpredictable, and the longer their flights will be, the less preordained and …
Federal Versus State: Private Commercial Spaceflight Operator Immunity Regulation In The United States, Frans G. Von Der Dunk
Federal Versus State: Private Commercial Spaceflight Operator Immunity Regulation In The United States, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The 2004 Commercial Space Launch Amendments Act provided the first national statute dedicated to private commercial spaceflight, further elaborated by a Chapter in the Code of Federal Regulations. A major element of that regulation concerns the “informed consent” requirement, which constitutes the main condition upon which a private commercial spaceflight operator is allowed to fly paying passengers into the edge of outer space and back. The requirement as such does not automatically equate with a statutory waiver of passenger liability, which was a major reason for a handful of individual US states to add by way of statutes such immunity …