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Acta Astronautica
journal homepage: www.elsevier.com/locate/actaastro
a r t i c l e in fo
abstract
Article history:
Received 16 June 2009
Received in revised form
24 December 2009
Accepted 5 January 2010
Available online 24 February 2010
Space transportation is inherently risky to humans, whether they are trained astronauts
or paying tourists, given that spaceight is still in its relative infancy. However, this is
easy to forget when subjected to the hype often associated with space tourism and the
ventures seeking to enter that market.
The development of commercial spaceight constitutes a challenge as much as a
great opportunity to the insurance industry as new risks emerge and standards, policies
and procedures to minimise/mitigate and cover them still to be engineered.
Therefore the creation of a viable and affordable insurance regime for future space
tourists is a critical step in the development of a real space tourism market to address
burning risk management issues that may otherwise ultimately hamper this nascent
industry before it has a chance to prove itself.
& 2010 Elsevier Ltd. All rights reserved.
Keywords:
Space
Tourism
Risks
Insurance
Liability
0094-5765/$ - see front matter & 2010 Elsevier Ltd. All rights reserved.
doi:10.1016/j.actaastro.2010.01.009
2
Space Tourism Market Study, from FUTRON Corporation, October
2002, A Fresh Look at Space Tourism Demand, from FUTRON
Corporation, June 2006 and Suborbital Space Demand Revisited, from
FUTRON Corporation, August 2006.
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1.2.1. Legal
The issue of dening outer space is a question of
demarcating the boundary between outer space and the
atmosphere. Since 1959, the issue of dening outer space
remains a topic for deliberation in the United Nations
Committee on the Peaceful Uses of Outer Space
(UNCPUOS). However, to this day all efforts to draw an
internationally recognised line between the atmosphere
and outer space have end up in vain since the international
community has not yet reached a consensus due to many
political, military, diplomatic, legal and other concerns. As
a result there is no international legal denition of the
demarcation between air space and outer space.
Two main delimitations of the atmosphere and outer
space are generally mentioned.
If one view suggests that outer space begins at an
altitude inaccessible for aircrafts with aerodynamic
principles of sustaining the ight, i.e. 3040 km above
sea level, the Karman7 line which lies at an altitude of
(footnote continued)
Space Launch Vehicle Reliability, I-Shih Chang, Crosslink, Aerospace
Corporation magazine, 2000. According to NASA, 4% of the people who
have own in space have perished (See supra. 3).
6
Talking of extreme sports or adventures safety records, very often
their inner purpose dictates that they involve danger even if it is makebelieve danger. To a greater extent as in sky-diving or bungee jumping,
what is really being tested is pure nerve and resistance to a situation of
perceived physical danger rather than actual risk of physical danger
per se. In this respect, without going so far as comparing it to the Russian
Roulette space travel would be enormously more dangerous. Perhaps
more relevant in term of degree of risk is the example of Mount Everest
climbing. Since 1990 until today, there have been 1,640 people who
ascended Mount Everest of whom 73 have died. The fatality rate is thus
about 4.4% (fatality rate is dened as successful summits compared to
fatalities). Source: www.mounteverest.com.
7
When studying aeronautics and astronautics in the 1950s,
Theodore von Karman, a HungarianAmerican engineer and physicist,
calculated that above an altitude of roughly 100 km, in accordance with
the celestial mechanics law, a vehicle would have to y faster than
orbital velocity (7.9 km per second) in order to derive sufcient
aerodynamic lift from the atmosphere to support itself.
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D. Bensoussan / Acta Astronautica 66 (2010) 16331638
Statistics show that among the causes of failure for space launch
vehicles worldwide from 1980 to 1999, propulsion subsystem problems
predominated (56% of launch failures). That particular subsystem
appears to be the Achilles heel of launch vehicles.
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1.3.2.2. Third parties. The FAA, as of today the only institution that has dened, within its licence framework,
rules applicable to Space Tourism,9 requires a compulsory
insurance cover for Space Tourism vehicles ying from the
United States. Such cover will also likely be requires for
vehicles ying from other countries within the licence/
authorisation framework as for traditional rocket launches.
The amount of this compulsory cover may vary
depending of the licensing authority assessment of the
risk and the determination of the Maximum Probable Loss
which is the greatest dollar amount of loss for bodily injury
or property damage that is reasonably expected to result
from a licensed or permitted activity. However, the
required amount will not exceed USD 500,000,000 given
that third party claims in excess of this amount will be paid
by the United States Government up to USD 1,500,000,000.
1.3.3. Spaceight participant personal accident
This risk calls for an essential scrutiny within the space
tourism risk typology, rst as a potential source of concerns
for personal accident insurers due to possibility of mega
exposure during VIP or high net worth ights featuring
millionaires and celebrities. As a result, especially if such
ights are considered, the risk of passenger personal
accident under or uninsurability due to shortage or lack
of available insurance capacity should be anticipated by
operators and eventually mitigated so as not to become an
obstacle to space tourism business development.
Even if not mandatory for the passengers for the time
being this may well changed with the rst commercial
ights approaching personal accident insurance would
be used to offset liability waivers contracted with the
9
Under current US Law (Code of Federal Regulations, Title 14,
Chapter III, in accordance with the Commercial Space Launch Amendments Act passed by Congress in 2004, the so-called FAA rules for Space
Tourism), the licence attribution process conducted by the FAA includes
a hazard analysis which aim is to assess third party liability risks
potentially resulting from Space Tourism activities. The hazard analysis
is based on the following elements:
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