Ensuring the Rescue and Return of Passengers in Orbital Commercial Human Spaceflights

The rise of orbital commercial human spaceflight raises urgent legal questions regarding the applicability of existing international space law to new categories of space travellers. This article addresses the core issue of how to ensure the rescue and return of such persons at the international level. Central to this analysis is the interpretation of the term ‘astronaut’ under the Outer Space Treaty (OST) and the Rescue and Return Agreement (ARRA). The article explores definitions in the international legal order, specifically the International Space Station (ISS) framework, the national legal order, with a focus on the United States of America (USA), and in legal literature. While certain trends are visible, it is argued that a lack of a formal, universally accepted legal definition at the international level undermines legal clarity. As human spaceflight becomes increasingly commercialized, the international community must establish a coherent legal framework that ensures protection for all persons in outer space, regardless of their status.