Papers by Rafael Moro-Aguilar
Acta Astronautica, 2013
ABSTRACT
Traditional international space law attributes the right to exercise jurisdiction over the space ... more Traditional international space law attributes the right to exercise jurisdiction over the space object to the State of registry, according to Art. VIII of the Outer Space Treaty (OST). This enables the application of the so-called “quasi-territorial” criminal jurisdiction on board. However, for the first truly multinational space project so far undertaken, the International Space Station (ISS), a different rule was chosen: the active nationality principle, whereby jurisdiction over crimes committed aboard the ISS is conferred to the national State of the alleged offender (Article 22 (1) IGA). In addition, Art. 22 (2) lays down under certain restrictions the passive nationality principle, i.e. jurisdiction according to the nationality of the victim.
The ISS Inter-Governmental Agreement was thus the first legal instrument to establish concrete rules on international criminal jurisdiction in outer space. Coupled with criminal jurisdiction are two additional issues that have also been addressed by the IGA and by its related text, the ISS Crew Code of Conduct (CCOC): extradition, and the commander’s disciplinary authority on board.
In the future, legal challenges arise from mainly two kinds of potentially international space missions: private orbital stations, and interplanetary missions. The present paper explores whether the IGA rules on jurisdiction, extradition and disciplinary authority should apply to each one of these missions. It is submitted that private space endeavors should be better subject to the general rule of criminal jurisdiction of the State of registry, which would be also ultimately competent to establish the disciplinary authority on board. However, since multinational interplanetary missions will be conducted mainly by States, rules more similar to the IGA could apply. Given the highly cooperative character of such missions, the most appropriate solution would be the active nationality principle combined with rules on extradition. The commander’s disciplinary authority could be established through a special agreement of the Partner States.
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Papers by Rafael Moro-Aguilar
The ISS Inter-Governmental Agreement was thus the first legal instrument to establish concrete rules on international criminal jurisdiction in outer space. Coupled with criminal jurisdiction are two additional issues that have also been addressed by the IGA and by its related text, the ISS Crew Code of Conduct (CCOC): extradition, and the commander’s disciplinary authority on board.
In the future, legal challenges arise from mainly two kinds of potentially international space missions: private orbital stations, and interplanetary missions. The present paper explores whether the IGA rules on jurisdiction, extradition and disciplinary authority should apply to each one of these missions. It is submitted that private space endeavors should be better subject to the general rule of criminal jurisdiction of the State of registry, which would be also ultimately competent to establish the disciplinary authority on board. However, since multinational interplanetary missions will be conducted mainly by States, rules more similar to the IGA could apply. Given the highly cooperative character of such missions, the most appropriate solution would be the active nationality principle combined with rules on extradition. The commander’s disciplinary authority could be established through a special agreement of the Partner States.
The ISS Inter-Governmental Agreement was thus the first legal instrument to establish concrete rules on international criminal jurisdiction in outer space. Coupled with criminal jurisdiction are two additional issues that have also been addressed by the IGA and by its related text, the ISS Crew Code of Conduct (CCOC): extradition, and the commander’s disciplinary authority on board.
In the future, legal challenges arise from mainly two kinds of potentially international space missions: private orbital stations, and interplanetary missions. The present paper explores whether the IGA rules on jurisdiction, extradition and disciplinary authority should apply to each one of these missions. It is submitted that private space endeavors should be better subject to the general rule of criminal jurisdiction of the State of registry, which would be also ultimately competent to establish the disciplinary authority on board. However, since multinational interplanetary missions will be conducted mainly by States, rules more similar to the IGA could apply. Given the highly cooperative character of such missions, the most appropriate solution would be the active nationality principle combined with rules on extradition. The commander’s disciplinary authority could be established through a special agreement of the Partner States.