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The Legal Framework of Suborbital Flights: Perspectives from Air Law and Space Law

Edited by: Irmgard Marboe, Stephan Hobe

ISBN13: 9789004747623
To be Published: January 2026
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £194.00





Flights that reach very high altitudes but do not enter Earth orbit are commonly known as 'suborbital flights'. It is not clear whether - from the legal perspective - they are space or aviation activities. In practice, they include scientific and research missions, and more recently also commercial applications, such as transportation services and flights with crews and passengers, often referred to as 'space tourism'. These activities raise numerous legal questions, including registration, responsibility, liability and insurance as well as environmental protection.

This book contains perspectives on the applicable legal framework from experienced air and space law experts.

Subjects:
Air and Space Law
Contents:
Foreword
Acknowledgements
List of Figures and Tables
List of Acronyms and Abbreviations
List of Legal Documents
Notes on Contributors
Introduction: Background and Terminology
 Irmgard Marboe and Stephan Hobe

PART 1. General Overview of Suborbital Flights
1. Space or High Altitude: What’s in a Name?
 Sara Dalledonne, Gabriele Redigonda and Justine Dousset
2. High Altitude Activities for Science and Research with Sounding Rockets and Stratospheric Balloons
 Otto Koudelka and René Laufer
3. Space Tourism
 Norbert Frischauf
4. The FAST20XX EU Project and the Legal Aspects of Suborbital Flights
 Rafael Moro Aguilar
5. Suborbital Flights and Sustainability: The International Environmental Regime Applicable to Activities Sub-orbit
 Markus P. Beham

PART 2. Authorisation and Supervision
6. Authorisation and Supervision under Air Law: International, European and National Legal Framework
 Sigmar Stadlmeier
7. Authorisation and Supervision under Air Law: A Model for Suborbital Flights?
 Elmar M. Giemulla
8. Authorisation and Supervision under Space Law and the Regulation of Suborbital Flights
International Perspectives and National Implementation in Australia, New Zealand and the United States of America
 Steven Freeland
9. Perspectives on Authorisation and Supervision of Suborbital Flights in Europe
 Irmgard Marboe

PART 3. Responsibility
10. Suborbital Flights: Responsibility under Air Law, the Role of States and Operators
 Konstantinos I. Andritsos
11. Who Is Legally Responsible? The Responsibility Regime in International Space Law and Its Relevance for Non-orbital Flights
Perspectives from the East Asian Spacefaring Nations
 Setsuko Aoki
12. Frequency Spectrum for Suborbital Flights: Between Air and Space?
 Mahulena Hofmann

PART 4. Registration
13. Registration of Aircraft
 Sigmar Stadlmeier
14. Registration of Suborbital Flights under Space Law
 Tanja Masson-Zwaan

PART 5. Liability
15. Liability of Air Carriers and Aircraft Operators and the Relevant Insurance Considerations
 Wolf Müller-Rostin
16. Liability and Insurance under Space Law and their Applicability to Non-orbital Space Flights
 Frans von der Dunk

PART 6. Crew and Passengers
17. Crew and Passengers in Suborbital Flights from the Perspective of Air Law
 Benjamyn I. Scott and Yuran Shi
18. The Legal Status of Astronauts and Its Relevance for Suborbital (Nonorbital) Flights
 Marco Pedrazzi

PART 7. Facilities: Airports and Spaceports
19. Legal Requirements for the Construction and Operation of Airports under International and National Law
 Stephanie Stipsits
20. The Legal Framework of Spaceports: Licenses, Conditions, and Competent Authorities in the Americas
 Olavo de Bittencourt Neto and Melissa Force
21. Construction and Operation of Spaceports in Europe: Legal Situation and Current Developments
 Sergio Marchisio

PART 8. Conclusions and Recommendations
22. The Work of the ILA Space Law Committee on the Rules for Nonorbital Spaceflight
 Rada Popova

Index