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

Thomcheney@outlook.com @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