Point-to-point rocket transportation systems: Jurisdiction, regulation and liability for high-altitude transportation

The development of advanced transportation technologies utilising high altitude activities has the potential to revolutionise the way in which people and goods are moved across the Earth. As this technology develops there will be challenges to the law and governance of Point-to-Point Rocket Transportation (PPRT). This original re- search paper will look at the problems posed by the three specific legal questions in this area; those of jurisdiction, licensing and safety standards, and liability. This will be done using a hypothetical journey between New York and Tokyo travelling by PPRT to illustrate the issues. The paper will look to propose practical solutions to ensure the responsible deployment and operation of these evolving transport techniques. The discussion will begin by revisiting the lack of certainty regarding the air-space boundary and how this is now causing regulatory difficulties for those charged with developing regulation of operating both in outer space and air space. The deployment of PPRT transportation, as envisage by Elon Musk and the SpaceX Starship, has the potential to extend beyond national borders and operate in the airspace of multiple countries. The paper will examine how development of PPRT vehicles will pose a challenge for existing liability frameworks. Determining liability for these experimental vehicles will be complicated by possible overlap of multiple legal regimes and the absence of any precedent in this area. Regulating high altitude activities will need to consider questions of the allocation of liability. The embryonic nature of these industries means there is an absence of standardised regulations across jurisdictions hindering multinational operations and developments in this area. This paper will go on to explore the development of regulatory standards both to protect the environment as well as in respect of the safety of all users of this new technology. This paper will conclude by highlighting original and optimal solutions in respect of these areas. It will try and address the twin concerns of both empowering the development of these novel technologies whilst ensuring that safety, both in-flight and on the ground and liability for damage is clearly established within any new regulatory framework that emerges.