Is it an Aircraft? Is it a Space Object? No... It's a Spaceplane!
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Transcript of Is it an Aircraft? Is it a Space Object? No... It's a Spaceplane!
Is it an Aircraft?Is it a Space Object?
NO... IT’S A SPACEPLANE!Spaceplanes, suborbital flights and the definition and delimitation of
outer space
Thomas CheneySunderland University
[email protected] @Thomcheney
Image: Reaction Engines
Definition and Delimitation of Outer Space
• Functional Approach• Spatial Approach• Innocent Passage?
Image: ESA/NASA
What is an Aircraft?
• “Any machine that can derive support from the reactions of the air other than the reactions of the air against the earth’s surface” Annex 7, Chicago Convention 1944
Image: NASA
What is a Space Object?
• “The term ‘space object’ includes component parts of a space object as well as its launch vehicle and the component parts of thereof” – Liability Convention Article 1(d) and Registration Convention Article 1(b)
• “The term ‘space object’ includes the component parts of a space object, its launch vehicle and the component parts of that” – Outer Space Act 1986 c.38 section 13(1)
Image: SpaceX
What is a Space Object?
• Space transportation vehicle – “any vehicle constructed for the purpose of operating in, or transporting a payload to, from, or within, outer space, or in suborbital trajectory, and includes any component of such vehicle not specifically designed or adapted for a payload.” 51 U.S.C. § 50101 (5)
• Launch vehicle – “any vehicle constructed for the purpose of operating in or placing a payload in outer space or in suborbital trajectories, and includes components of that vehicle” 51 U.S.C. § 50501 (8) also, “a suborbital rocket” 51 U.S.C. § 50902 (8)(A)
Image: NASA
Spaceplanes• Fit both the definition of aircraft and space
objects• Could be subject to both regimes• US currently functionalist • EASA classifies them as ‘aircraft’• UK DFT and CAA also regards them as ‘aircraft’• Article 189 TFEU prohibits ‘harmonization’
Image: Reaction Engines
Suborbital Flights
• Are they spaceflights?• Most of flight spent in atmosphere• Registration Convention Article II Section 1 “When a
space object is launched into Earth orbit or beyond...”• Launch vehicle – “any vehicle constructed for the
purpose of operating in or placing a payload in outer space or in suborbital trajectories, and includes components of that vehicle” 51 U.S.C. § 50501 (8) also, “a suborbital rocket” 51 U.S.C. § 50902 (8)(A)
• Suborbital v orbital best differentiator?
Image: Bristol Spaceplanes
Image: XCOR
Astronauts and Space Tourism
• No definition of ‘astronaut’• “‘Spaceflight Participant’ means an individual, who is
not crew, carried within a launch vehicle or re-entry vehicle.” 51 U.S.C. § 50902 (17)
• Motive for travel unimportant in aviation• Rescue Agreement apply?• Liability and ‘informed consent’
Images: NASA
Image Credits• Reaction Engines -
http://www.reactionengines.co.uk/images_library/skylon/skylon_flight_1l.jpg • ESA/NASA -
http://www.esa.int/spaceinimages/Images/2012/04/The_UK_and_Ireland_at_night• NASA - https://www.flickr.com/photos/nasacommons/13066341174/in/album-
72157650346910726/• SpaceX - http://www.spacex.com/media-gallery/detail/125916/4816• NASA- http://www.nasa.gov/content/storm-clouds-over-the-atlantic-ocean-near-brazil-0• Reaction Engines -
http://www.reactionengines.co.uk/images_library/skylon/skylon_flight_2l.jpg• Bristol Spaceplanes - http://bristolspaceplanes.com/wp-content/uploads/43.gif• XCOR - http://www.xcor.com/gallery/main.php?
g2_view=core.DownloadItem&g2_itemId=2625&g2_serialNumber=3• NASA: http://www.nasa.gov/sites/default/files/styles/full_width_feature/public/
thumbnails/image/s84-27018.jpg?itok=hPo13HDe• NASA: http://www.esa.int/spaceinimages/Images/2015/06/Tim_Peake_training_at_JSC