Out-of-This-World Legal Issues
Houston, we have a problem. We don't know what laws to follow in outer space!
Okay, so maybe this isn't a problem most of us have, but as construction on Columbus, the latest International Space Station module, nears its conclusion, the question of legality in space has become more reality than science fiction.
In the past, space expeditions have been regulated by the terms of the Outer Space Treaty of 1967, a document which is considered the "Magna Carta of spaceflight," according to Science Daily. Ratified by 98 countries, the treaty indicates that each country has jurisdiction over any and all of its registered space objects.
Basically, the rules for outer space mimic those for adventures on open water.
But the International Space Station (ISS) has presented some obstacles, since it is a spacecraft composed of parts made by the United States, Japan, Russia, and the European Space Agency (ESA), which is composed of various countries in the European Union.
After rejecting the suggestion of having United States law apply throughout the space station, officials reportedly decided that each section of the module will be governed by the laws of the nation that created it. So a space action's legality depends on where it takes place.
But this new decision still didn't quite solve the problems presented by Columbus. Since the ESA-funded portions of the craft represent the entire European Union, and there is no unified European criminal law, another amendment was needed.
Reports indicate that, for criminal offenses in European "territory," the astronaut's home country will have primary responsibility for disciplinary action.
For any inventions astronauts dream up (and yes, there is a patent law specific to space), the patent will be filed in country with jurisdiction over the place of invention, sources say. In the case of inventions made in Europe's units, the inventor will have the choice of filing his patent in Germany or Italy, the two countries that contributed the most to the craft's creation.
Despite the potential for space dementia and other confinement issues, officials are reportedly focusing on the communal nature of space life. According to one, the general attitude of astronauts is that "we're all in this together," working for the greater good.
Interestingly, no agreements like the Outer Space Treaty have been successful in recent years. The Moon Agreement, developed in 1979, has only been signed and ratified by 13 countries-none of which currently has the technology to explore space!
And, according to Science Daily, some experts think that unless the current international situation changes, no new global treaties can be expected.
For now, space legality has been determined. So…anyone else rooting for Law & Order: Outer Space?
