THE COSMIC CONTRACT: EXPLORING THE LEGAL EQUILIBRIUM BETWEEN PRIVATIZATION AND ASTRONAUTS’ RIGHTS

AUTHOR – SHREYASREE PAUL, STUDENT AT SCHOOL OF LAW, PRESIDENCY UNIVERSITY, BANGALORE

BEST CITATION – SHREYASREE PAUL, THE COSMIC CONTRACT: EXPLORING THE LEGAL EQUILIBRIUM BETWEEN PRIVATIZATION AND ASTRONAUTS’ RIGHTS, INTERNATIONAL JOURNAL OF SPACE LAW AND POLICY,  2 (1) OF 2024, PG. 71-79, APIS – 3920 – 0014 & ISSN – 2584-1955.

ABSTRACT

With the advent of steadfast aeronautical commercialization, the torchbearers of this revolution being private entities like Virgin Galactic, Space X, Blue Origin, etc., novel contemporary issues in the field of International Space Law have spiked up with respect to the rights and protections of astronauts. Otherwise, undefined in the 1967 Treaty of on Principles Governing the Activities of States in the exploration and Use of Outer Space (hereinafter, “Outer Space Treaty), astronauts have been deemed to be the “envoys of humankind” who bear a lot of responsibilities, both in legal and commercial terms. This research probes into the complex interplay between the two, pivoting on the legal hemisphere.

Moreso, this academic attempt aims to understand the adequacy of the existing laws with regards to the various factors involved in ensuring the rights of astronauts employed by private players, such as their safety, healthcare, informed consent, compensation, jurisdiction, dispute resolution mechanism, protection against exploitation, etc. It also delves into the ethical deliberations involving the interests of astronauts in private profit-centric endeavours, whether the welfare of the former gets sidelined or not in the present era of commercialisation and space tourism.

This research paper thoroughly analyses international treaties, domestic laws, prevalent industrial norms with respect to said subject-matter, and other prime practises. It also puts forth suggestions and recommendations to ensure increased protection of the interests of astronauts, both in terms of human rights and professionalism ethics, as we step into this new era of space privatization. The core objective of this paper is to strike a harmony between commercial pursuits and the trailblazing astronauts who make these attempts a success.

Keywords: Astronauts’ Rights, Commercialisation, International Space Law, Privatisation.