The Future of Sub-orbital and Orbital Space Accident Investigation

In the past, it has been assumed that space missions were the exclusive domain of state-controlled agencies. In consequence, the international agreements enshrined in ‘Space Law’ only indirectly addressed issues of certification and liability that arise when fare-paying passengers are transported on sub-orbital flights. Conversely, international conventions on commercial aviation are difficult to apply because space operations differ significantly from those of conventional aircraft. The following pages describe the tensions that exist between the legal and regulatory frameworks that govern sub-orbital flights. Subsequent sections illustrate these conflicts by focussing on the need to develop international agreements over the conduct of accident investigations involving commercial space flights. We argue that urgent action is required before a mishap occurs to encourage information exchange and prevent the recurrence of future accidents.