International Space Brokers Proprietary 1 Guillaume de Dinechin International Space Brokers 42, avenue de la Grande Armée Paris- France   Legal and Ethical framework for astronauts in space sojourns House of UNESCO 29 October 2004

International Space Brokers Proprietary 2 Liability in Space Ruled by existing instruments 1972 Liability Convention –“Launching State” liable for damage to third parties –Tort liability in space –Absolute liability for damage on earth International Space Station IGA –Cross waiver of liability among Participants –Liability Convention for Third Parties

International Space Brokers Proprietary 3 Liability ConventionISS IGA Current Liability Allocation Mission Participant Related Entity Third Party In space: tort liability On earth: absolute liability Cross waiver of Liability

International Space Brokers Proprietary 4 Liability coverage Third Party Liability: States usually require launching authority to take out a minimum insurance –Insurance coverage up to m$: specialised space insurance market –State coverage for damage in excess of insurance coverage Participants in an ISS mission are free to take insurance for their own damage

International Space Brokers Proprietary 5 Coverage of Astronauts Bodily injury to/death of astronaut –As a result of the mission: from entering the space vessel to leaving it after return on earth or mission abort of failure –Sum Insured: an agreed value Damage caused by an Astronaut –Damage to other mission participants –Damage to third parties: as per requirements of the Liability convention

International Space Brokers Proprietary 6 Does tourism turn the issue upside down ? 3 issues: –Coverage of their own risk –Liabilities towards other participants in the mission –Third Party Liability

International Space Brokers Proprietary 7 Space Tourists: Liability towards participants and third Parties Does the ISS IGA cross waiver apply ? –Visiting crew not part of the IGA  Need some regulation there Liability Convention applies: –Private venture needs Agreement with “Launching State” Set insurance requirement for Third Party Liability Agree excess claims supported by “Launching State”

International Space Brokers Proprietary 8 Tourists: coverage of their own risk Bodily Injury/death resulting from the mission Events resulting in mission cancellation –candidate disqualification by the medical committee –Accidental Death of the candidate before the mission –Previous Mission Failure –Political event –License withdrawal, –Others as may appear

International Space Brokers Proprietary 9 Way forward International Space Station –legal regime established –but little experience Tourism is the next frontier Government policy: how welcoming will they be ? Insurance Markets reactions: how receptive can they be ?