Space Café WebTalk - REGIONAL RUSSIA - 3. September 2021

Описание: Elina Morozova in conversation with Igor Porokhin, a Russian attorney-at-law and partner of law firm InSpace Consulting known for having provided legal support for contracts for flights to the International Space Station of astronauts from NASA, ESA, Brazil, South Korea, Malaysia, as well as space tourists on board the Russian manned Soyuz spacecraft.

For the last 25 years, Igor Porokhin has been involved in major international space and telecommunications projects and industry dispute resolution. His track record includes working on a contract with Dennis Tito, the first ever space tourist. Another outstanding experience is Mr. Porokhin’s work as a member of the committee of governmental experts under the auspices of the International Institute for the Unification of Private Law (UNIDROIT) on the drafting of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets. Igor Porokhin acted as a speaker of the official delegation of the Russian Federation to the Berlin Diplomatic Conference on the adoption of this Protocol in 2012.

International space law is a relatively young, yet quite advanced branch of international law, which is currently in the process of its further development. What do you think comes first: the demands of practice that need to be adequately regulated or the law-making that is aimed at foreseeing any possible situations? Are space lawyers in demand currently or should young professionals opt for some other legal areas? Is it correct to talk about the emerging branch of ‘private’ international space law?

The process of developing international space law is a complex one. What real practice requires and what law-makers have in mind based on theoretical elaborations are closely related, yet practice does play a more important role. Still, there are cases where legislation and international norms are drafted in advance of relevant activities. A perfect example is the exploration, exploitation and utilization of space resources. This activity has not yet begun to be carried out in practice and will not begin in the near future, but several states already have laws regulating relevant legal aspects.

As for the current labour market situation in the sphere of space law, it has many dimensions. On the one hand, there is a shortage of young professionals in this field. This is partially due to the lack of adoption of new international space treaties in the sphere, which is somewhat balanced by the development of soft law. On the other hand, there is a demand within numerous space companies that need young progressively-thinking lawyers, which can further be stimulated by the advancement of the private space sector. Clearly, the more private sector companies enter the market, the more jobs there will be.

Finally, when it comes to private international space law, it is perhaps premature to classify it as an independent branch of international law. In any case, at best, it is currently in a nascent state.

Why is space tourism again in the focus of attention of the widest audience, from large investors to the academia? Who can rightfully be called space tourists and what makes them different from astronauts? Is there a need for specific legal norms, perhaps on an international level, to protect the lives of those who are sent on a space trip? Is space tourism, which is accessible to few people, ethical in terms of the status of space exploration and use as the province of all humankind?

The relevance of space tourism is supported by the news about the flights of Blue Origin and Virgin Galactic, which gives impetus to the entire field of space tourism and demonstrates an interesting example of competition based, among other things, on legal aspects. In this case, the issue of the delimitation of air and outer space gets an obvious commercial effect, as this is more advantageous to market flights into outer space than suborbital trips.

In the next 10-15 years, space tourism may follow the path once taken by civil aviation. Starting from an extremely limited market, accessible only to wealthy people, it may become an indispensable feature of modern life. Among different models of space tourism, from short flights to 80-100 km above the Earth’s surface that is an unofficial boundary between the airspace and outer space to full-fledged space trips to space stations, suborbital flights are definitely the future for the mass market. Visiting space stations is unique and sought after, yet the most challenging. For now, due to extremely high cost, it is hardly possible for private companies to deploy a fully commercial space station project on their own without state support.

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