Space Travel Law

1. Space Travel Law Dr. Phil Cameron, S.J.D., LL.M, J.D. Doctor of International Law Space Travel Law Association (STELA ) www.SpaceTravelLaw.com International Forum of Travel and Tourism Advocates (IFTTA) www.IFTTA.org Anolik Law Corporation www.TravelLaw.com San Francisco, California USA

2. There is nothing new under the Sun, and that is true for the laws governing Space Tourism

3. Sources of Space Travel Law • Travel and Tourism Law - Air, Sea, Hospitality, Antarctica • Outer Space Law • World Heritage Law and Treaties

4. Travel and Tourism Industry • Sellers of Travel – Virgin, Space Adventures, many Mojave desert companies • Providers of Travel - Russian Space Agency and more than a dozen Private Industries in USA and EU • Travelers – Tourists and Crew

5. Travel and Tourism Industry Spaceport America - 100,000 square-foot (9,290 square-meter) facility New Mexico - $31 million Construction 2008-10 Virgin Galactic BensonSpace

6. Actual Tourists • Dennis Tito, a U.S. millionaire, paid about $20 million to be launched into space in 2001. • Mark Shuttleworth, a South African technology entrepreneur, paid nearly $20 million to be launched into space in 2002. • Greg Olsen, a 58-year-old scientist who heads the Princeton, New Jersey-based company Sensors Unlimited, Inc., April 2005. • Anousheh Ansari, an Iranian American and the first female space tourists in 2006. Ansari’s family made a multimillion-dollar contribution to back the Ansari X Prize. • Charles Simonyi – an American, Microsoft co-founder - paid up to $25 million for a 14-day flight to the ISS April 2007.

7. More Tourists • Richard Garriott, an American computer game developer will pay at least $30 million to launch in October 2008. His father, Owen Garriott, is a former NASA astronaut of Skylab and Spacelab-1 in the 1970s and '80s. The first astronaut’s child to travel in space. • Daisuke Enomoto , Here we can note that not everyone is permitted to be a space tourists, as was demonstrated by the failure of Japanese Live Door Director, who was unable to continue space training and his trip due to “medical reasons” following the collapse of his company, arrest of his fellow board member, and suicide of his colleague. Myself along with most of Japan, was disappointed by his inability to launch in 2006. • Virgin Galactic , July 2006, "sold some 200 suborbital flights tickets US$15.6 million, and celebrities scheduling flights: Sigourney Weaver ,

8. “Please find good laws to protect space tourists” --Stella Cameron • Not to be confused with the Space Travel Law Association (STELA) www.spacetravellaw.com

9. Tourism as a Product Derived from Outer Space Space, as a Common Heritage of Humanity, also includes the principle that activities of people in outer space affect us all. Sputnik launch of 1957 changed prior law - ownership of the heavens “That’s one small step for man, one giant leap for mankind...” as Neil Armstrong declared on his historic first moon excursion in 1969

10. Product Tourism and the Moon Treaty (1974) • Everything discovered, invented, created, destroyed, explored, defined, developed, and so on, in outer space will gradually trickle down and reach all people everywhere. • As such, the activities carried out in outer space, the right to conduct such activities, and the benefits from those activities belong to World Heritage.

11. Providers of Travel

12. Outer Space Law • From its inception, the development of space, and all of the benefits that derive from space, has been founded on the principles of equality, openness, and cooperation of all of humanity • Five Outer Space Treaties – Outer Space Treaty 1967, Rescue Agreement 1968, Liability Convention 1972, Registration Convention 1974, Moon Agreement 1974.

13. Outer Space Treaty Article 1 (1967) • World Heritage Law was first crystallized as a legal concept in stating that Outer Space is “the common heritage of all Mankind” • One state cannot interfere with another State’s right to explore space Signed by 91 states; ratified by 62 states (as of April 2007)

14. Outer Space Treaty • Outer space, as a territory, along with the objects that derive from it, cannot be owned by individuals or States. • One State cannot exclude another from space exploration. • Therefore, all peoples have a right to utilize outer space as a property right for tourism, and to enjoy and access starlight for recreation, artistic and religious inspiration, scientific development, or any other pursuits.

15. Outer Space Treaty • “Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.” • Spirit of Outer Space as a new territory specifically separates it from Terra Nullius / Manifest Destiny

16. Article 4 of the Moon Treatyapplies to all Celestial Bodies “The exploration and use of the moon shall be the province of all mankind and shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development. Due regard shall be paid to the interests of present and future generations as well as to the need to promote higher standards of living and conditions of economic and social progress and development in accordance with the Charter of the United Nations.”

19. Edwin Hubble Attorney and Astronomer • Hubble demonstrated the empirical Redshift Distance Law of galaxies, showing that lawyers can in fact contribute to the betterment of humankind • The Hubble Telescope’s purpose is being in orbit, “beyond the interference of atmosphere and background light.”

20. Travel and Tourism Protective Laws • It is through State based implementation of international laws and norms and the development of national tourism laws that practically enables the traveler to realize and exercise her Right to Starlight. • Starlight can then be seen as a commodity for consumption by tourists and economic gain for the local tourism industry, and the State, resulting in a means of tourism and sustainable development.

21. Enforcement of the Right to Starlight • Offer rewards for States that implement and provide Starlight areas for travelers • Organizations mobilizing their scientific and touristic pursuits towards those States that are in fact providing Starlight • Boycott by these organizations towards those States would provide the economic remedy and motive sought to ensure Rights to Starlight are protected

22. Travel and Tourism Protective Laws • Travelers – Tourists have particular rights, as found in the law that recognizes the rights to enjoy starlight: • in space • from terrestrial spots on Earth • while traveling for touristic and scientific purposes • HostsandProviders – The sustainable development aspect is felt by the State that is acting as a host showcasing the starlight to the scientific traveler and tourist. Then balancing of diverse social and economic needs of the present and respecting the needs of future generations.

23. Conclusion • There exist duties for both States and international organizations to protect the World Heritage Right to Starlight • And to foster the rights of travelers, hosts, and providers of travel to enjoy this Starlight “property interest” that belongs to all humanity. • The existing legal instruments demonstrate the protection for the Right to Starlight, but it is the States that act as custodians of World Heritage that are charged with ensuring these rights are enforceable, and in turn made available to all of humanity.