The rise of orbital
commercial human spaceflight raises urgent legal questions regarding the
applicability of existing international space law to new categories of space
travellers. This article addresses the core issue of how to ensure the rescue
and return of such persons at the international level. Central to this analysis
is the interpretation of the term ‘astronaut’ under the Outer Space Treaty
(OST) and the Rescue and Return Agreement (ARRA). The article explores
definitions in the international legal order, specifically the International
Space Station (ISS) framework, the national legal order, with a focus on the
United States of America (USA), and in legal literature. While certain trends are
visible, it is argued that a lack of a formal, universally accepted legal
definition at the international level undermines legal clarity. As human
spaceflight becomes increasingly commercialized, the international community
must establish a coherent legal framework that ensures protection for all
persons in outer space, regardless of their status.