Closing Regulatory Gaps in Space Law: A Framework for Astronaut Health Protection

Abstract

Deep-space exploration is the branch of astronomy, astronautics and space technology for exploration of distant regions of outer space. It consists of missions beyond Earth's atmosphere to deepen our understanding of universe. These missions are beneficial in wide range of areas monitoring to security, health and many more involving both human spaceflight missions and robotic missions. The long-duration journeys away from earth orbit subject astronauts to considerable long-term health threats such as increased cancer risk from galactic cosmic radiation and solar particle interactions, cardiovascular deterioration, muscle and bone loss, neuro-ocular syndrome, and various physiological and psychological impacts resulting from extended periods of microgravity and isolation.

Existing regulatory frameworks do not sufficiently provide physiological and psychological health related protection to astronauts, they primarily focus on immediate damages, state accountability and liability for direct, acute harm resulting from space activities. They give limited or no specific guidelines for chronic, latent or delayed health issues that could emerge years or even decades after the mission. This results in substantial gaps in astronaut protection and legal accountability.

This paper is divided into three parts. The first part deals with analysis of existing legal frameworks and their limitations regarding long-term health protection. The second part discusses identification and examination of legal gaps including telemedicine licensing, cross-jurisdictional medical practice regulations for multinational crews, unclear mechanisms for attributing medical responsibility and liability in collaborative missions involving state and private actors, lack of standardised insurance models or compensation frameworks capable of addressing post-mission health claims, including long-latency diseases. The third part of this paper analyses emerging challenges in multinational and commercial deep space missions and areas need to reform for enhancing accountability, ensure equitable risk distribution, and facilitate sustainable human space exploration. As per the analysis, there is a need of rule to ensure health protection of spacecraft personnel along with existing rules.

Keywords: Astronaut Health; Space Law; Telemedicine; Legal Liability; Space Governance; Health Insurance; Human Spaceflight