Regulating ISS— An interdisciplinary essay

• Published in: Acta astronautica 2007-02, Vol.60 (4), p.594-598
• Main Authors: Brünner, Christian, Soucek, Alexander
• Format: Article
• Language: English
• Subjects: Astronauts; Delay; International Space Station; Jurisdiction; Legal; Liability; Onboard; Space shuttles
• ISSN: 0094-5765; 1879-2030
• DOI: 10.1016/j.actaastro.2006.09.035

The International Space Station (ISS) is a multifaceted international project. Several space agencies from different countries work together in the Outer Space. This paper will illustrate the exciting questions arising from such a venture and therefore the challenge to incorporate a variety of issues into a legal order. The Paper is addressed to lawyers who need not necessarily be experts in space law, and also to space experts who have no legal background. It demonstrates the three layers of the ISS regime—from the “Intergovernmental Agreement” (IGA) as a “frame” with pillars and boundaries, over the “Memoranda of Understanding” (MOU) which rules in a more specific way, to the so-called “Implementing Arrangements” regulating the overall and single aspects of ISS in detail. The paper underlines questions of applicable jurisdiction, utilization rights and the rights on intellectual property onboard of the ISS. Furthermore the problem of liability in space flight is highlighted, also with a view to the different aspects of the liability issue, for example (internal) liability caused by programme delays (e.g. US Space Shuttle delays). In conclusion, the paper illustrates the situation of astronauts by the “Code of Conduct for the International Space Station Crew” and provides an example for the actual ISS Programme—an international cooperation in a highly demanding environment which will be a basis for future space ventures in many ways.