Considering the unthinkable—A review and discussion of current international law and suggestions regarding how we deal with a catastrophic incident in space

It is now clear that private enterprise and not nationally funded space agencies will be the driving force behind development of space for the “benefit” of private enterprise and the general public. It is also not unreasonable to say that in the next 20–30 years we will see the public accessing space via sub-orbital flights, orbital excursions, orbiting hotels and possibly even hotels located on a celestial body. The existing principles regarding the rescue and return of “astronauts” was never fit for purpose and is certainly not appropriate for this new era of private space activity. Activities in space are dangerous and the travelling public is generally risk adverse. So how do we balance the obvious risks associated with space travel, against the societal desire to seek adventures in space and with the prevailing risk adverse culture? It is now time to seriously consider the development of international safety standards for space vehicles and habitations in order to ensure that rescue and return from a space excursion is a reality for passengers and crew. If we fail to do so then the scenario set out below may become a tragic reality.Catastrophic ScenarioConsider a scenario in which a space hotel loses a significant amount of its in-orbit life support capability. Rescue is underway but it will take time. The Captain realises that there is not enough oxygen on board for all to survive until rescue. What if anything can be done?

► Passenger/crew rescue from space, catastrophic event on an orbital habitation.
► Universal space safety systems; interoperability of critical space systems.
► Lessons learned from maritime and aviation events/ accidents.
► Risk mitigation; Outer Space Treaty, Liability Convention, Rescue and Return Agreement.