Regulatory Dilemmas of Suborbital Flight

Table of Contents

1. Frontmatter

2. Chapter 1. Suborbital Flight as an Object of Economic and Development Activities and Legislative Interventions

   Bartosz Malinowski

   Abstract

   This Chapter contains the presentation of relevance the topic of this book. In addition, it discusses the basic legal definitions and concepts of suborbital flights, including in particular those regulated in the legal regimes discussed later in the book. The purpose of this Chapter is to prepare the ground for the considerations contained in all of the following Chapters.

3. Chapter 2. The Legal Status of Suborbital Aviation Within the International Regulatory Framework for Air and Space Use

   Bartosz Malinowski

   Abstract

   This Chapter covers the current state of international law, including the state of the two regimes of international law affecting suborbital activities: international aviation law and international space law, in order to determine whether suborbital aviation is covered by these legal regimes, as well as the effects of these regimes on the obligations of national legislators in this area. The inclusion of these considerations in the second chapter facilitates the analysis of national space legislation contained in the legal systems of individual states, which should be shaped in a way that does not contradict the international obligations of the state concerned.

4. Chapter 3. Key Administrative and Legal Issues Concerning Suborbital Flights in the Domestic Law of the United States

   Bartosz Malinowski

   Abstract

   This Chapter examines the national administrative regulations of suborbital aviation adopted in the United States, especially regarding the use of airspace and other aspects of the sector’s regulatory environment, such as the rules for ensuring the safety of maritime areas adjacent to launch sites. Given the long regulatory heritage in this jurisdiction, as well as the high degree of development of the U.S. space transport sector, the relevant national regulatory regime for suborbital aviation could serve as a reference point and a potential model for existing and future national or regional regulations, such as those at the European Union level.

5. Chapter 4. Suborbital Activities in the United Kingdom, Australian, New Zealand, Italian and UAE Domestic Law

   Bartosz Malinowski

   Abstract

   This Chapter examines legal developments of the last two decades in countries with diverse cultural and legal traditions, such as the United Kingdom, United Arab Emirates, Australia, New Zealand, Italy, and their responses to the regulations adopted in the United States, which are recognized and used as the regulatory model for their own domestic space laws. The Chapter attempts to analyze these sets of domestic regulations using the same criteria as previously applied to the U.S. space law, and assesses their potential as model regulations for other jurisdictions.

6. Chapter 5. Performance of Suborbital Activities in Polish and European Union Law

   Bartosz Malinowski

   Abstract

   This Chapter examines the state of European Union law, as well as the state of Polish legal regulations in the dimension of administrative law, affecting suborbital activities in Poland and in the European Union, as well as the various options available to the EU and Polish legislators in order to ensure the optimal regulatory conditions for this type of activity.

7. Chapter 6. Damage and Liability Insurance for Damage Caused in Connection with Suborbital Flight

   Bartosz Malinowski

   Abstract

   This Chapter examines the current international, European Union, United States, United Kingdom, Polish and other national legal frameworks on liability for damage caused by suborbital activity and the insurance of such liability, which are or may be applicable to suborbital operations and the challenges faced by legislators in these legal systems. This issue is vital for clarifying the risk management capabilities of suborbital operators. The separation of issues concerning liability for damages and its insurance into a distinct Chapter is justified by a different—essentially private law—regulatory level. Although this is a very important area for suborbital flights, it logically follows the determination of the principles of admissibility of conducting such activity, from which liability for damages may arise.

8. Chapter 7. Conclusion

   Bartosz Malinowski

   Abstract

   This Chapter summarizes the book’s key findings on suborbital flight regulation, emphasizing the need for a balanced legal framework that addresses both aviation and space law concerns. It highlights the challenges in current regulatory approaches, and proposes an approach to ensure safety, promote innovation, and support industry growth. The Chapter underscores the importance of tailored national legislation, stakeholder involvement, and international cooperation in shaping the future of suborbital flight activities.