ESSAY

Passenger Balloons to Outer Space: Some Legal Issues

Stardate Earth 4.543.000.000 (1 May 2026)

Gurbachan Sachdeva

 

This ESSAY explores balloon-based systems, such as Space Perspective’s Spaceship Neptune, that promise to offer a safer and more comfortable way to reach the edge of space without rocket-related strain. However, this emerging form of travel raises several legal issues involving airspace, liability, and regulation that require international clarity.*

 

1. Introduction

Humankind has been foraying into outer space for over half a century and has been carried in capsules or satellites propelled by rockets that gained tremendous velocity with spiral motion, ultimately reaching an ultra-high speed to escape the gravity of the Earth. The different stages of launch created bodily discomfort and psychological problems that could result in giddiness, nausea or even vomiting. On the other hand, the high speed of ascent could rush the blood to the lower extremities reducing cerebral blood flow and its normal circulation. This eventual situation could cause black out, impaired vision or even induce temporary blindness. These possibilities are real and enough to deter the space enthusiasts who are not the type of brave-hearts.

However, time has come when one can go to the edge of the outer space without buckling any accoutrement or belting a space suit or suffering rocket propelled discomforts or inconvenient G-factor or the effects of spiralling motion. Space Perspective, a Florida-based company, has just developed a space balloon and has completed assembly of their first pressure vessel, a test capsule of their Spaceship Neptune, trade-marked “Space-Balloon” ascent system. The company had planned to start test flights soon if everything went smoothly during shakedown flights of the vehicle. The company hoped to begin flying people to the edge of outer space as early as the end of 2024.[1] This target may be well past but not the efforts. Jane Poynter, the co-CEO of the company, has marshalled the best brains of the industry, who are at work and results of their efforts are expected to be highly complementary and rewarding.[2]

 

2. The project: plans & prospects

The company’s Founder CEOs, Taber MacCallum and Jane Poynter, who have 40 years of experience in aerospace industry, informed that they are completely focused on the project and fervently hope to get commercial balloon-flight in operation as efficiently, quickly, and safely. Safety, of course, is their avowed brand-value and prime concern. Further, the company announcement assures a unique experience upto almost the edge of outer space without the hassles of the rocket propulsion, high velocity, belted gear, narrow seats and ear-marked positions in the space module.

Accordingly, Space Perspective offers space enthusiasts an easy and comfortably accessible option to view the Earth’s splendour in an exhilarating experience like never before. It also promises a luxurious trip and lavish interiors with loo and the bar. Once up there the tourist will start to see the sunrise over the horizon, the curved horizon of our planet, the thin blue line of the atmosphere against that stark blackness of space, and then again the Sun-rise in the black sky. The spectacles will be mind-blowing and the experience surreal and transformational. The company claims and promises to provide "[w]ith the largest windows ever flown to space and a design that allows for the roomiest interior of any human spaceflight capsule ever made."[3]

 

2.1 Some technical details of the space balloon

Space Perspective has named their first Spaceship Neptune capsule, Excelsior, in due regard to a high-altitude balloon flight program, which was pioneered by Joe Kittinger in the late 1950s. Some pertinent technical details are here for good information. Excelsior weighs just over seven tons, and will be lifted to the edge of Earth's atmosphere by a spherical balloon that stands more than 600 feet (183 meters) tall. Excelsior's carbon fibre shell is built in the shape of a sphere, measuring 16 feet (4.9 meters) in diameter. It is therefore, not designed or shaped for a fiery launch or uncontrolled atmospheric re-entry. It will be ascended from the company’s launch-boats positioned around in the Seas. On return, the capsule slowly splashes back in the ocean to be rescued by the company boats and the crew.

The interior design of the spaceship Neptune model caters to accommodations for eight passengers, or "Explorers," as Space Perspective prefers to calls its customers. It is crewed by a captain who also serves as host and commentator for the luxurious lift to the top of the world. Inside the capsule, cushioned chairs sit in short rows on opposite sides, facing outward to an incredible view of the curvature of the mother planet and enjoy a highly elating view of outer space in its black adorn through the tall windows of the balloon-capsule. The central area of the capsule is mostly empty, allowing passengers some room to stretch their legs, and includes a bar station. It even has a bathroom, which Space Perspective prefers to name as "spa" and which also “serves as a place of refuge of sorts.”[4] It also has a loo and facilitates wi-fi connection for terrestrial communications.

On the technical side, one of Spaceship Neptune's most complex features is the radiator system that sits like a cap on top of the capsule and helps mitigate the effects of the high levels of solar radiation that the capsule is likely to experience while hanging at high altitudes, exposed to the Sun and unshielded by the atmospheric layers. The heat regulation of the spacecraft is also aided in part by the unique design of the capsule while its windows reflect much of the harmful UV wavelengths without compromising the view. Another unique feature of this space capsule is that at the bottom of the capsule is a splash cone that serves to stabilize and anchor the vessel after landing, which occurs at sea. To prevent the phenomenon that causes droplets shooting up from a body of water as an object plunges through its surface, Spaceship Neptune's splashdown is stabilized by a conical device, which prevents that bounce-back effect and works as an anchor of the capsule while its passengers await retrieval.

 

2.2 The airlift & safety

At launch, the balloon is pumped with buoyant hydrogen, which slowly fills the volume and floats the towering canvas to begin carrying its capsule for the flight. The trip aboard spaceship Neptune’s balloon will begin from a launch-boat, called “Voyager” and also end at sea in a splashdown to be picked by Voyager and its crew. Full flight duration, including ascent and descent is estimated to take about six hours; two hours of ascent, two hours for descent and two hours of level flight at the altitude attained. In the mission process, the capsule can move several hundred miles downrange from its liftoff point. In order to arrange for prompt and safe recovery, Space Perspective uses separate recovery vessels, harboured all over, to retrieve passengers from the anchored capsule within about 15 minutes of the splashdown into the ocean.

Spaceship Neptune’s capsules are designed to be reusable but presently will be put to single use for assured safety of the passengers. Of course, navigational controls in the spaceship are limited and these balloons will be flown mostly autonomously, though the capsule can be operated remotely from the mission control room located at the company base in Florida. However, the same control systems onboard, can be accessed and operated by the Flight Captain, who can also take over control in the event of some kind of glitch or emergency. The mission control room features several stations for monitoring flight status, weather and atmospheric conditions, situational awareness as well as communication between spaceships, launch vessels and the recovery boats. Further, as subsidiary safety, each balloon has been equipped with parachutes to facilitate slow and safe return to the sea-surface. The risks have been fully analysed and duly mitigated as far as possible.

Space Perspective vehemently asserts that safety of the passengers being their prime concern and consideration, its pertinence is built into the structural integrity of the balloon of spaceship which is hand-crafted for stitching, duly supervised for hand-work and regularly inspected at various stages of production. Further, the balloon has 184 gores vertically stitched to prevent a tear from extending or expanding in flight and thus causing any risk or threat. The company, when duly stabilised in operations, hopes to manufacture and add 100 balloons to the fleet, annually, for additional operations or in replenishment for attrition.[5]

The company assures a seamless experience and super safe ride to the edge of outer space, to an altitude of about 100,000 feet (Approx. 35 kms). It also assures smooth rising of roughly at 12 miles per hour in luxurious environment and without undergoing the hassles of a rocket launch. The ticket for such a ride aboard Spaceship Neptune is currently offered at $125,000, but the company has plans to make that price more accessible and affordable. Presently, the packaged trip and the balloon environment present a highly tempting offer for scientists, astronomers, educational trips and for the airlift of heavier observation instruments with users.

The CEO Poynter assures, "In the future, we have plans to build a larger capsule for more people so that we can offer both a more exclusive experience with a smaller group of people, and then for larger groups of people at probably a reduced price. Somewhere well below $100,000."[6] The company informs that it has already sold over 1750 tickets, and sensing enthusiasm, soon hopes to reach a figure of 4,000 bookings.[7] Smelling profits in this business, EOS X-Space and Zero-2-Infinity have commenced developing similar technology to tap the same market potential. It must be clarified that the balloons will not be able to provide a true orbital space experience but offer a definitive advantage of lower carbon footprint as compared to rockets.

 

3. Some legal issues & possible solutions

Howsoever, attractive and tempting be the option of space travel in physical comfort and luxury for enjoyment of near-space experience, yet it has a few legal implications affecting the passenger in diverse ways and would need caution and settlement at contractual stage and resolution at international level. A few of these are briefly alluded to in succeeding paragraphs.

 

3.1 Violation of national air sovereignty

The capsular Balloon is designed to be lifted by another vertical balloon filled with Hydrogen gas which is qualitatively lighter than air and bear the characteristic of buoyancy. It seems that this ascent will be a free one with limited navigational facilities operable in emergencies.  As such, there is every likelihood that the balloons may drift from the anticipated straight ascent due to atmospheric winds or other environmental reasons. The Balloon may thus, transgress into foreign airspace without proper permission. This can be violative of law and risky in operation, to say the least, because super-jacent airspace bears sovereignty of the territorial state below and it may not be a friendly one or with an existing bilateral agreement for overflight permissions.[8]

Thus, the consequences of a free-flowing lift or on uncontrolled return-descent can be serious or even grievous due to the operation of the Chicago Convention, 1944. To overcome this problem, the balloon-travel business may need a separate treaty or a universal agreement to condone the route deviations or territorial transgressions by Space Ballons registered in whichever country and operated by whichever corporation. This universal concession will help this segment of space travel industry, though fraught with defence and security risks. In case, the countries so desire, they may, by a common agreement, impose an overflight tax depending upon the period of infringement with a mitigating consideration for the altitude of infringement.

 

3.2 State responsibility for operations

Operations in the air space require registration of aircraft in a state in order to bear the flag and become extra-territorial jurisdiction of that state. Further, operations by air vehicles could under certain circumstances be prejudicial to third parties to incur international liability which attaches to the state of registry.  The rules relating to commercial civil operations in the air are contained in the Chicago Convention 1944 and other germane international instruments in force and become applicable as relevant.

The space objects operating in outer space domain also need permission of and authorisation from the concerned state which is to ensure registration of the object with the United Nations. As per the Outer Space Treaty 1967, space activities of non-governmental entities “shall require authorisation and continuing supervision by the appropriate state party.”[9] The remaining responsibilities of the state permitting space activity are mandated in Outer Space Treaty, Articles V to IX. The state liability for accidents by space objects on its registry and third-party damage in space, air and land is specifically defined in the Convention on International Liability for Damage Caused by Space Objects 1972.[10] All these requirements seem customary and obligatory in international law to presage global cooperation between states and better operational coordination between carriers.

 

3.3 Liability for delay in contracted journey

The ticket for the Balloon flight is likely to show the travel detail of airlift and splash down while the passengers, possibly from the world around, shall assemble at the appointed place. Howsoever infrequent, a possibility may arise where due to adverse meteorological conditions in the airlift area or technical glitches in pumping of hydrogen or unexpected repair of the balloon or unserviceability of the company boat or any other incidental reason, the flight gets delayed. In such an eventuality the costs of prolonged stay, with suitable lodging and appropriate hospitality shall likely be borne by the carrier corporate who shall also bear any eventual liability of the passenger caused due to the delay in the mission. In case, a passenger opts out of the trip due to inordinate delay, the passenger may be fully refunded his ticket fare with reasonable recompense for loss of an exciting opportunity.

 

3.4 Compensation for injury to or death of a passenger

Despite safety measures in abundanti cautela, such operations in the air and space carry endemic probability and inherent risks of accident and consequent possibility of injury to or the death of a passenger in an untoward crash. Experience shows that air carriers in the past contracted out their liability for accidents through inclusion of contractual clauses as volenti non fit injuria, ad impossibilia, force majeure and other similar escape measures in law. This measure was unconscionable and iniquitous till Warsaw Convention 1929 became effective and legalised compensation. No wonder, similar predicament may accost Balloon passengers and the situation may need a similar remedy. Care and caution on the part of the passenger is recommended, even at the cost of excitement and enthusiasm for the trip.

 

3.5 Operational need for a large number of space balloons

The designed capacity of a Space Balloon has been kept at eight passengers in view of the safety mandates considering the flammability characteristic of the airlift agent and costs of ejection in emergency. On the other hand, prospects of tourist rush for balloon rides due to its travel comforts and economical ticketing, as promised by Space Perspective, there appears to be a genuine call for a lot more of balloons to be pressed into regular operation to make this enterprise a recognised scheduled public carrier operating regular services. The necessity for a large fleet also stems from timely turn-around servicing of balloons and attending to space-worthiness parameters for safety. This splurging tourist demand may necessitate maintaining adequate fleet-stock and reserves of balloons for uninterrupted services without delays and may also compel for induction of sturdy and reusable space balloons. The tourist rush could as well create an economic space for competitive carriers with better services, improved designs and innovative possibilities in airlift agent.

 

3.6 Safeguards for creditors & lenders to space balloon industry

Space ballooning appears as an attractive and viable mode of tourism to the edge of the space for a near-exact experience of micro-gravity, a distant look at the Earth and a broader view of the cosmos without much discomfort and in a style of luxury. It appears promising that this industry will flourish as regular balloon carriers multiply in competitive numbers and the service frequency grows. Thus, a requirement for a large number of balloons can be foreseen and this escalating growth will necessitate borrowings and investments of a high order. At the same time, in view of attendant risks, high value of assets and the mobile nature of the equipment, the financial interests of the lesser, lenders and financiers to the industry would need to be protected. This concern would require a regulatory regimen on the lines of the Cape Town Convention for aircraft.[11] The improved legal certainty of recovery of loans, repossession of financed assets as well as easy realisation of debts and investments due to a facilitating possibility, it would also reduce the costs of borrowing by the loanees and the industry at large.

 

3.7 The status of balloon debris falling on Earth

As mentioned earlier, accidents or crashes of Space Balloons would happen, howsoever, minimally. It is thus, not clear whether such debris that reaches the Earth and causes damage on the surface to third party property or injury/death of a person would be treated as damage by an aircraft or a spacecraft. This distinction is essential because private and other third-party damage caused by a crash of aircraft is regulated by the Rome Convention 1952 relating to damage caused by foreign aircraft to third-parties on the surface while that by a space object would be governed by the Convention on International Liability for Damage Caused by Space Objects 1972.[12] Both legal regimes are divergent and specific to the situation.

This puzzle whether Space Balloon would be treated as an aircraft or a space object needs clarification for all concerned stakeholders. As envisaged by current research and usage, a space balloon may not enter the true outer space as demarcated by the von Karman line. But some countries have legislated their own national laws to define the boundary between airspace and outer space. The US and the Soviet Union have independent legislations to define such limits and the US fixes it at 80 kms. This question could be partly decided by the fact whether the object is registered by the state as an aircraft or as a space object because the latter would need high velocity to escape the gravity of the Earth as well as for the subsequent space journey.

 

4. Conclusion

The intersection between law, science and technology is rather complicated; while techno-innovations are neutral and beneficent, law as a regulatory incumbent and a guiding force is laggard and restrictive. Same scenario applies in the case of space exploitation for peaceful and commercial uses. While space balloons offer opportunity for travel to experience the joys of space in comfort and luxury, the germane law, existing or non-existing, flags certain legal impediments in operations and sensitivities in accidents. Some of these implications have been discussed in preceding paragraphs and likely solutions proffered therefor.

It will be seen that some of the suggested proposals would involve measures and preparations with long-drawn procedures, diplomatic parleys and hectic efforts at negotiation. These are not easy or hassle-free matters and often face differences of opinion and consequent glitches in reaching an agreement. So, it seems wise to be prepared with relevant law and legal permissions before the commencement of operations of this peaceful space activity of economic value and anticipated profitability. Preparedness wins half the battle, already.

 

[1] Josh Dinner, “Space Perspective is nearly ready to fly tourists on luxury balloon rides near the edge of space”, released in a post to X (formerly Twitter) on 23 February, 2024. Extracted from Space.com.

[2] Jane Poynter in an interview with Space.com.

[3] Dinner, n. 2 supra.

[4] Poynter, n. 3 supra.

[5] Ibid. Also refer community@space.com.

[6] community@space.com., 19 January, 2024.

[7] “Space Perspective starts selling seats for balloon rides”, Poynter’s interview with community@space.com.

[8] The Chicago Convention, 1944, Articles 1 and 2.

[9] Article VI.

[10] United Nations, Treaty Series, vol 961, No 13810.

[11] http://www.icao.int>cape-town-convention-and protocol.

[12] Refer n. 10 supra.

 

*Source banner image: Juniperjetcat, SP Exterior Balloon Front, Wikimedia Commons (26 July 2022), CC BY-SA 4.0: https://commons.wikimedia.org/wiki/File:SP_Exterior_Balloon_Front.jpg