International Law: Defining Astronauts vs. Space Tourists

This essay delves into the intricate legal landscape surrounding astronauts and space tourists within the framework of international space law. It begins by examining the absence of a precise definition for 'astronaut' in the Outer Space Treaty and the subsequent challenges posed by the rise of commercial space tourism. The essay explores the differing interpretations of the term 'astronaut,' contrasting the scientific and functional meanings, and analyzes the legal status, rights, and obligations associated with these roles. It investigates whether commercial space tourists should be classified as astronauts, considering the varying objectives and activities. The essay also examines functional tests and legal frameworks, including the US Commercial Space Launch Amendment Act, to determine the legal standing of space tourists. Furthermore, it discusses the applicability of the Rescue Agreement and highlights the distinction between professional spaceflight participants and private individuals, offering a comprehensive analysis of the evolving legal considerations in the context of space exploration and commercialization.

Running head: INTERNATIONAL LAW
International Law
Name of the Student
Name of the University
Author Note

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The international law relating to the outer space denotes space travel by ‘astronauts’ and
‘personnel of a spacecraft’. According to the Outer Space Treaty, no precise definition for the
astronauts has been provided but the astronauts are known as ‘envoys of mankind’. In the Moon
Agreement, the provisions stipulate that the state parties shall consider any person on the moon
as astronaut1.
Ordinary meaning
The legal status accorded to astronauts by the Outer Space Treaty does not specify
whether commercial space tourists shall fall within the scope of the definition provided for
astronauts. Since the development of the space law, there were no issues relating to the status of
the spacecraft passengers as the only participants of space flights were the cosmonauts and the
astronauts. However, the growing issue in the contemporary era is related to the legal status,
rights and obligations that the state parties owe to the commercial passengers. This principal
reason that led to the issue is the lack of precise definition of the term ‘astronaut’ who are
identified as ‘envoy of mankind’ and the uncertainty about the fact whether the term ‘space
tourists’ shall fall within the category of astronauts.
Context
The inclusion of the term ‘space tourists’ within the scope of the above terms is intricate
due to the fact that the treatise have been defining these terms in different ways which results in
different connotation2. While interpreting the international law, it relies on both the intention of
the drafters of the provisions and the ordinary meaning of the words used in the provision.
1 Danilenko, Gennady M. "International law-making for outer space." Space Policy 37 (2016): 179-183.
2 Mani, Tanvi. "The Applicability of the Norms of Emergency Rescue of Astronauts to Space Tourists." King's
Student L. Rev. 7 (2016): 28.

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Several authors and professionals have attempted to remove the ambiguity of the term
‘astronaut’ and many have suggested that the term ‘astronaut’ implies a scientific meaning
whereas ‘personnel of a spacecraft’ advocates a functional meaning. As per the principles and
rules of the international law, the astronauts refers to people who perform professional activities
that involves use and exploration of outer space and the celestial bodies. The Outer Space Treaty
or the OST has accorded the astronauts with the status of a symbolic value by referring them as
‘envoys of mankind’ in the outer space. The statutory protection and the special status accorded
to the astronauts are justified in relation to the mission they perform and the risks they incur
while carrying out their professional activities.
The terms and the legal status accorded to the astronauts does not seem to include space
tourists, the sole reason being, that the former carry out their professional activities for the
benefit of the public unlike the latter who venture into space for personal pleasure. Therefore, if
the variations prevailing within the original meanings of the terms are brought together, it can be
asserted that the present privatization and commercialization of the space activities was not taken
into consideration when the agreement was drafted3. This is because at the time of drafting the
agreement, the drafters did not foresee that the private entities might take part in the space
related activities.
Object
Since there is no precise, legal definition provided for the term ‘space tourist’, it is important to
assess whether the clients of space tourist fall within the ambit of the definition provided for the
3 Dodge, Michael. "The US Commercial Space Launch Competitiveness Act of 2015: Moving US Space Activities
Forward." The Air and Space Lawyer 29.3 (2016): 4.

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term ‘astronaut’ and whether the visitors of the International Space Station are accorded with
the same status that is accorded to the astronauts. While the Outer Space Treaty was being
drafted there were no discussion whether private person would fall within the category of
astronauts. With the commencement of the commercial spaceflight opportunities, it has become
more important to determine whether the private spaceflight participants should be considered as
astronauts and enjoy the same rights and obligations as is enjoyed by astronauts.
Nevertheless, it is difficult to evaluate the extent of training that is required for a
passenger to acquire the legal status ‘a person who has received professional training’ that is
otherwise accorded to the astronauts by the International Space Law. Further, it is difficult
determine the altitude factor and implement it with respect to the space tourists and is subject to
legal clarification.
Purpose
Since the term astronaut is not a defined term but merely a legal status, the following
functional test could be applied in for the purpose of determining whether the space tourists such
as teachers, engineers, filmmakers, etc could fall into the category of astronaut. As per the legal
status given by the international law to the term ‘astronaut’ it may be categorized into the
following three conditions:
 An astronaut must be a person;
 An astronaut must perform professional activities involving exploration of outer space
and celestial bodies;
 An astronaut must perform such activities for the benefit of the public;

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 The activities must carried out in compliance with the principles and rules of the
international law;
While the persons designated as astronauts fulfills all the above conditions, the space tourists
may not be able to satisfy the last three conditions as unlike the astronauts they would be
carrying out the space-related activities for profit and not for the benefit of the public. There is
another functional test that is connected to the definition provided under the Article V of the
Outer Space Treaty be applied to determine whether the space tourists can be defined as
astronauts4. According to the definition, the legal status of ‘astronaut’ applies to persons who
must be:
 inside an object the that is located in space;
 perform the space related activities for public benefit of all countries;
 considered as an envoy of mankind in outer space;
Interpretation
As observed in the earlier test, the government personnel shall satisfy all the above
conditions but the space tourists shall not be able to satisfy the second and third condition as they
engage in the commercial activities for personal benefit either in the form of profit or recreation.
Another test for astronaut that concentrates on the functional part would consider astronauts as
persons who are engaged in activities related to space flight and those persons who have
undergone training for such space flight. Where the government personnel’s would satisfy the
4 Freeland, Steven. "Outer space, technology and warfare." Pandora's Box2014 (2014): 7.

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requirement but a reasonable amount of doubt remains in relation to the space tourists regarding
their fulfillment of the requirement5.
The definition provided under Article V in the OST can be compared to the use of the term
‘astronaut’ in the context of the domestic law. NASA in the United States uses the term
‘astronaut’ to refer to those who have joined NASA corps of crewmembers bound for the Earth
orbit and beyond. The professional crew members include pilot, commander, flight engineer,
mission specialist and payload specialists. Further, in Russia, the spaceflight crew members
include flight engineer, Researcher-Cosmonaut, Flight commander. In the absence, of any
established definition of the term ‘astronaut’ it is evident that there is a clear tendency of
differentiating between the private and professional participants to spaceflights6.
In this context, the US Commercial Space Launch Amendment Act (CSLAA) of the United
States has provided a more detailed legal framework with respect to the commercial spaceflight.
It refers to ‘Spaceflight participants’ as someone who must require license for a launch vehicle
to carry human being for compensation. This proposed definition implies that it is the trained
professionals who are capable of carrying professional work in outer space including operating
the spacecraft itself who should be considered as ‘astronauts’ as was the intention of the drafters
of Article V of the OST7.
Thus, the interpretation process stipulated under article 31 of the Vienna Convention should
be adopted to construe whether private persons fall within the category of astronauts. According
5 Abeyratne, Ruwantissa. "Some Preliminary Space Law Principles for Consideration by ICAO." Regulation of
Commercial Space Transport. Springer International Publishing, 2015. 105-112.
6 Freeland, Steven, Fly me to the moon: How will international law cope with commercial space tourism? (2017)
7Von der Dunk, Frans G., Space Tourism, Private Spaceflight And The Law: Key Aspects (2017)
.

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to Article 31, a treaty shall be construed in good faith as the ordinary meaning given to the terms
of treaty in the given context, purpose and object. While interpreting the treaty regard should be
had to, any subsequent agreement entered into between parties with respect to the interpretation
of the treaty, any relevant rules of international law applicable with respect to the relations
between the parties8.
In regards to these shortcomings of the test for defining ‘astronaut’ for future commercial
space tourists, and the usage of the term ‘space participants’ in the Rescue Agreement, the
Congress has provided a definition for the legal status of the space tourists in accordance with
the jurisdiction under Article VI and VIII of the OST9. The legal status for private entities
involved in licensed commercial space activities under 51 U.S.C. 50902(2) defines ‘crew’ as
‘any employee of a transferee or licensee who is engaged in activities carried out in the course
of the employment and is directly related to the reentry, launch, or any other operation in the
launch vehicle that carries human beings’. Under 51 U.S.C. 50902(17), ‘space flight
participant’ has been defined as ‘any individual who is not crew, carried within a launch
vehicle’. These two provisions eliminate the space tourists who have otherwise failed to satisfy
the ‘astronaut’ test under the International law and they are granted the legal status of an
astronaut under the domestic law.
The legal obligation of the Rescue Agreement specifies that unless ‘crew or space flight
participants’ does not pass legal test of ‘astronauts’ the statutory obligation of the state parties to
the OST Treaty to render assistance shall not be applicable to the participant in distress.
Nevertheless, despite the stringent interpretation of the Rescue Agreement with respect to its
8 Von der Dunk, Frans G., Space Tourism, Private Spaceflight And The Law: Key Aspects (2017)
9 Upadhyay, Ayushi. "Development of Space Tourism and Legal Aspects." Imperial Journal of Interdisciplinary
Research 2.9 (2016).

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application /non-application to commercial entities, the spaceflight participants or crew shall be
rendered assistance in emergencies10. The state parties to the OST are under statutory obligation
under the Treaty and the Rescue Agreement to provide necessary assistance to the space flight
participant or crew in emergencies if not on moral grounds but to avert any political and public
condemnation.
10 Goehlich, Robert A. "Space Tourism: Hurdles and Hopes." International Journal of Aviation Systems, Operations
and Training (IJASOT) 1.1 (2014): 17-34.

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Reference List
Abeyratne, Ruwantissa. "Some Preliminary Space Law Principles for Consideration by
ICAO." Regulation of Commercial Space Transport. Springer International Publishing, 2015.
105-112.
Chang, Yi-Wei. "The first decade of commercial space tourism." Acta Astronautica 108 (2015):
79-91.
Danilenko, Gennady M. "International law-making for outer space." Space Policy 37 (2016):
179-183.
Dodge, Michael. "The US Commercial Space Launch Competitiveness Act of 2015: Moving US
Space Activities Forward." The Air and Space Lawyer 29.3 (2016): 4.
Ferreira-Snyman, Anel. "Legal challenges relating to the commercial use of outer space, with
specific reference to space tourism." PER: Potchefstroomse Elektroniese Regsblad 17.1 (2014):
1-52.
Freeland, Steven. "Outer space, technology and warfare." Pandora's Box2014 (2014): 7.
Goehlich, Robert A. "Space Tourism: Hurdles and Hopes." International Journal of Aviation
Systems, Operations and Training (IJASOT) 1.1 (2014): 17-34.
Langston, Sara, and Sarah Jane Pell. "What is in a name? Perceived identity, classification,
philosophy, and implied duty of the ‘astronaut’." Acta Astronautica 115 (2015): 185-194.
Mani, Tanvi. "The Applicability of the Norms of Emergency Rescue of Astronauts to Space
Tourists." King's Student L. Rev. 7 (2016): 28.
Upadhyay, Ayushi. "Development of Space Tourism and Legal Aspects." Imperial Journal of
Interdisciplinary Research 2.9 (2016).
FREELAND, STEVEN, FLY ME TO THE MOON: HOW WILL INTERNATIONAL LAW
COPE WITH COMMERCIAL SPACE TOURISM? (2017)
Von der Dunk, Frans G., Space Tourism, Private Spaceflight And The Law: Key Aspects (2017)

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