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The Regulation of Commercial Space Tourism Under International Space Law: Challenges, Gaps, and the Need for a Comprehensive International Legal Framework
Subject area: Science,Engineering and Technology · Area of research: Regulation of Commercial Space Tourism
DOI: 10.64388/IREV10I3-1722840
Abstract
Commercial space tourism has evolved from a futuristic concept into an emerging global industry driven by private aerospace companies such as Blue Origin, Virgin Galactic, and SpaceX. Successful suborbital flights have demonstrated that commercial human spaceflight is no longer limited to government astronauts but is increasingly accessible to paying private individuals, creating significant opportunities for technological innovation, economic growth, and international cooperation. This transition, however, has also exposed deficiencies in the international legal framework governing outer space. The five principal United Nations space treaties were negotiated between 1967 and 1979, at a time when states were the exclusive actors in space exploration, and they contain little guidance on private commercial spaceflight, passenger status, insurance, or environmental protection. This article examines the adequacy of that framework in regulating commercial space tourism, evaluating the legal status of spaceflight participants, the allocation of liability among states and private operators, passenger safety standards, insurance requirements, environmental sustainability, and consumer protection. Through comparative analysis of national regulatory approaches in the United States, the United Kingdom, the United Arab Emirates, Japan, and Nigeria, the article demonstrates that domestic law alone cannot effectively govern an inherently transnational industry, and that the resulting fragmentation creates legal uncertainty for operators, insurers, and passengers alike. The article argues that the rapid commercialization of outer space has outpaced the development of international legal norms, and that without a harmonized regulatory framework, uncertainties surrounding liability, jurisdiction, passenger rights, and environmental protection will continue to constrain the industry’s sustainable growth. It concludes by recommending the negotiation of a dedicated international convention on commercial human spaceflight under the auspices of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), supported by harmonized safety, licensing, liability, and environmental standards, and considers the particular position of developing spacefaring nations such as Nigeria within this emerging regulatory landscape.
Keywords
commercial space tourism, international space law, Outer Space Treaty, Liability Convention, private spaceflight, COPUOS, national space legislation.
References
[1] World Economic Forum. Space: The $1.8 trillion opportunity for global economic growth. Geneva: World Economic Forum; 2024.
[2] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. Jan 27, 1967. 610 UNTS 205.
[3] Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. Apr 22, 1968. 672 UNTS 119.
[4] Convention on International Liability for Damage Caused by Space Objects. Mar 29, 1972. 961 UNTS 187.
[5] Convention on International Civil Aviation. Dec 7, 1944. 15 UNTS 295.
[6] National Space Research and Development Agency Act, 2010 (Nigeria).
[7] Hobe S. Legal aspects of space tourism. Neb Law Rev. 2007;86(2):439-458.
[8] von der Dunk F. Space tourism, private spaceflight and the law. Space Policy. 2011;27(3):146-152.
[9] Convention on Registration of Objects Launched into Outer Space. Jan 14, 1975. 1023 UNTS 15.
[10] Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. Dec 5, 1979. 1363 UNTS 3.
[11] United Nations Office for Outer Space Affairs. Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space. Vienna: UNOOSA; 2010.
[12] United Nations Committee on the Peaceful Uses of Outer Space. Guidelines for the Long-Term Sustainability of Outer Space Activities. UN Doc A/74/20, Annex II; 2019.
[13] Commercial Space Launch Act. 51 USC ch 509 (2018).
[14] Space Industry Act 2018, c 5 (UK).
[15] United Arab Emirates. Federal Decree-Law No 46 of 2023 Concerning the Regulation of the Space Sector (repealing Federal Law No 12 of 2019).
[16] Japan. Act on Launching of Spacecraft, etc. and Control of Spacecraft, Act No 76 of 2016.
How to cite this paper
@article{1722840,
author = {Oluwatosin Adeniyi, Chedochukwu I. Ugochukwu, Annabel N. Ani, Jantuwa Sawa, Helen C. Obiekezie},
title = {The Regulation of Commercial Space Tourism Under International Space Law: Challenges, Gaps, and the Need for a Comprehensive International Legal Framework},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {10},
number = {3},
pages = {761-773},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1722840.pdf},
abstract = {Commercial space tourism has evolved from a futuristic concept into an emerging global industry driven by private aerospace companies such as Blue Origin, Virgin Galactic, and SpaceX. Successful suborbital flights have demonstrated that commercial human spaceflight is no longer limited to government astronauts but is increasingly accessible to paying private individuals, creating significant opportunities for technological innovation, economic growth, and international cooperation. This transition, however, has also exposed deficiencies in the international legal framework governing outer space. The five principal United Nations space treaties were negotiated between 1967 and 1979, at a time when states were the exclusive actors in space exploration, and they contain little guidance on private commercial spaceflight, passenger status, insurance, or environmental protection. This article examines the adequacy of that framework in regulating commercial space tourism, evaluating the legal status of spaceflight participants, the allocation of liability among states and private operators, passenger safety standards, insurance requirements, environmental sustainability, and consumer protection. Through comparative analysis of national regulatory approaches in the United States, the United Kingdom, the United Arab Emirates, Japan, and Nigeria, the article demonstrates that domestic law alone cannot effectively govern an inherently transnational industry, and that the resulting fragmentation creates legal uncertainty for operators, insurers, and passengers alike. The article argues that the rapid commercialization of outer space has outpaced the development of international legal norms, and that without a harmonized regulatory framework, uncertainties surrounding liability, jurisdiction, passenger rights, and environmental protection will continue to constrain the industry’s sustainable growth. It concludes by recommending the negotiation of a dedicated international convention on commercial human spaceflight under the auspices of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), supported by harmonized safety, licensing, liability, and environmental standards, and considers the particular position of developing spacefaring nations such as Nigeria within this emerging regulatory landscape.},
keywords = {commercial space tourism, international space law, Outer Space Treaty, Liability Convention, private spaceflight, COPUOS, national space legislation.},
month = {September},
doi = {https://doi.org/10.64388/IREV10I3-1722840}
}