IL TURISMO SPAZIALE E LA NECESSITÀ DI UNA SUA DISCIPLINA

The article questions the adequacy of the present regulatory framework of space activities, dating back to a historical phase when commercial opportunities could not be foreseen and only States were operating in the sector, certainly not for profit but rather for international prestige. The present regulatory framework does not appear adequate for the new commercial activities in space, such as tourism, from suborbital flights to tourist packages in the orbital space stations or facilities planned on the Moon.
The author calls for the adoption of uniform law, as he does not consider sufficient the laws adopted by individual States, even with important space activities. Rules should be adopted on the status of space tourists and their rights, also with respect for damages they may suffer. In this regard, the author questions the foundations of a future liability regime, pointing out the problems that could be caused by a provision of limited liability damages from death and personal injury (in particular, the author cites the decisions of the Italian Constitutional Court on limitation in international carriage by air, according to the 1929 Warsaw Convention, and that on compensation limits in tourist packages).