Abstract

The scientific community has clearly defined what sub-orbital flights are. However, the legal community has failed to do so. There is no clarity as to what laws shall govern these sub-orbital flights. There is no clarity as to what is a suitable definition for such flights. Recent socio-economic changes like the entry of private firms in the age of space exploration and tourism make it imperative that the law find a definition and legal regime to govern these flights to ensure clarity on issues like liability, passenger safety, and jurisdiction. This paper analyses the various legal regimes that can govern sub-orbital flights and looks into the issue of how to determine which regime has jurisdiction over these flights. The problems associated with the various methods of determining jurisdiction and the overall regimes available for governing these flights are also looked into. The paper concludes with a proposal for a rudimentary legal regime that can govern sub-orbital flights.

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