With the sky no longer the limit for the adventurous traveler, space tourism is becoming a thing. (More on this here.) But does jetting off to space — or the edge of space — qualify you as an “astronaut”? And beyond the semantics, why would you care?

Space law is complicated, confusing, and constantly evolving. As space exploration and commercialization continue, new legal challenges will emerge and necessitate new legal frameworks. Among the more pressing matters is the legal definition of an astronaut.

On the surface, this seems a moot point: What does it matter what you’re called if you’ve boldly gone where no one has gone before? If everything goes as planned and you make it back to Earth safe and sound, it really doesn’t matter. But if something goes wrong …

All countries and actors party to the Outer Space Treaty of 1967 (OST) are also party to the Rescue Agreement, which “calls for the rendering of all possible assistance to astronauts in the event of accident, distress or emergency landing, the prompt and safe return of astronauts and the return of objects launched into outer space.” Note the specific use of the term “astronaut” here. These legal obligations do not extend to the space tourist.

According to current law, the title of astronaut is more than just a distinction: It’s a special, protected status under international law that guarantees assistance in case of emergency.

IMAGE: Unsplash

One would hope that in the event of an emergency, a responding state would not stop to check whether a person was technically an astronaut before rendering aid, but legally, it’s an important point. While much can be discussed in the hypothetical, with more space tourists and entrepreneurs taking to the skies, it’s a valid question: Would a state expend resources to rescue another state’s space tourist without international obligation?

Maritime law could provide a model: Under international shipping law, a ship that is in position to provide assistance to persons in distress at sea must do so. This stems from the Law of the Sea Treaty, a United Nations convention, and its wording does not specify “mariner” or “sailor” or “seafarer” — nary a sea dog is mentioned. Instead, being a “person” is enough to guarantee rescue at sea.

What, then, of the astronaut?

Personhood is a requirement for almost every definition: Merriam Webster says an astronaut is “a person who travels beyond Earth’s atmosphere”; Cambridge dictionary uses “a person who has been trained for travelling in outer space”; the OST considers an astronaut “an envoy of mankind.”

The Moon Treaty, established in 1979, is an agreement governing the activities of states on the moon and other celestial bodies. Another U.N. treaty, this one elevates commercial actors to the status of “astronaut,” but since no state that engages in self-launched human spaceflight (the United States, Russia, China) has signed it, this definition has little to no relevancy in international law and certainly could not be relied upon in an emergency.

IMAGE: Unsplash

The U.S. Federal Aviation Administration (FAA) is one of three agencies in the United States with the authority to deem a person an astronaut, and each has a different definition. If a state cannot decide on a single definition for its own space agencies, it becomes clear that any international definition would be even harder to attain.

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The Outer Space Treaty was established in 1967, when space was firmly the domain of the government actor. While the legal team writing the framework possibly could not have imagined the extent to which we now shoot non-governmental entities into space, it does have wording to incorporate the private individual:

“States Parties to the Treaty shall bear international responsibility for national activities in outer space … whether such activities are carried on by governmental agencies or by non-governmental entities …”

The Rescue Agreement itself offers some assurance to the non-official astronaut:

“If information is received or it is discovered that the personnel of a spacecraft have alighted on the high seas or in any other place not under the jurisdiction of any State, those Contracting Parties which are in a position to do so shall, if necessary, extend assistance in search and rescue operations for such personnel to assure their speedy rescue.”

Again, it is hoped that in the event of an emergency where anyone in space or following their return to Earth required assistance, the countries and agencies involved would leap into action. But the question and import of the application of these international protections remains a pressing concern for legislators. As more commercial entities head into space, gaps are appearing in the current body of international space law.

Fortunately, space law isn’t standing still: U.N. committees are working to develop guidelines and principles for the exploration and use of space resources. The International Institute of Space Law helps international organizations and national institutions cooperate to develop space law, and the International Astronautical Federation leads space advocacy across 75 countries. There are 11 academic journals dedicated to space law and policy.

And hey, until there is a new legal framework and definition, it’s quite fun to think anyone could be an astronaut.