What Makes an Astronaut?

For John, BLUF:  This is a tempest in a teapot, but it is being stirred up, perhaps as a way of diminishing the accomplishment of those who paid for a flight out of our atmosphere.  I envy them.  Nothing to see here; just move along.

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Is it time to create the designation of non-governmental astronaut?

by Michael Listner Monday, August 16, 2021.

Here is the lede plus one:

The flights of Virgin Galactic and Blue Origin with their respective founders has reinvigorated the debate as to what an astronaut is and, specifically, whether non-governmentals are indeed astronauts.  Nevertheless, these two flights open a broader discussion as non-governmental space activities increase in measure and scope how they will be looked upon and treated by international law, especially as outer space activities expand. What is an astronaut? By and large, the term “astronaut” has been thrown around by the media and the providers of the launch and reentry flights without thought of what the term really means.  A popular reference to the term that is overused is found in the definition provided by the Merriam-Webster dictionary:  “a person who travels beyond the earth's atmosphere also : a trainee for spaceflight.”

Given the etymology of the “astronaut” predates the era of spaceflight, the usage of the word applying this definition is understandable.  Certainly, there are variations of this definition that one could quibble over; however, in the context of outer space activities, including activities by non-governmentals, the term astronaut is not a defined term but rather a legal status that confers rights and benefits and invokes duties and obligations to states under international law.  This means whether one is an astronaut is determined by a legal test and not a dictionary definition.  While international law does not specifically define the term, three tests have been proffered.  Of the three, it is the test offered by Professor Yasuaki Hashimoto that is the test that best harmonizes with international law through the Outer Space Treaty.

For the legal status of “astronaut” to apply under Professor Hashimoto’s test the person must be:

1. in an object located in space
2. conducting their activities for the benefit and in the interests of all countries
3. regarded as an envoy of mankind in outer space.

Obiously the folks who have gone into space of late meet Test 1, but not Test 2.  The author contends they don't meet Test 3 either, but I would content that if they met and interacted with Extra-Terrestial folk while in space that they would, de facto, be envoys of mankind in outer space.  How else would they be classified?

The author sums it up:

This means absent legislative action, non-governmental personnel would not have any legal status in the eyes of domestic and international law.

Who cares?  They have gone there.  The drafters of laws have not.  I would assert that we, the People, can designate these folks as astronauts.  We do that by saying they are astronauts.  We give them the title by aclamation.

Don't let the lawyers push you around.

Hat tip to the InstaPundit.

Regards  —  Cliff