Criminal jurisdiction in outer space in multi-module space objects. An outline of the problem
Criminal jurisdiction in outer space in multi-module space objects. An outline of the problem

Summary/Abstract: This article is focused on criminal jurisdiction in space in relation to multi-modular objects launched into it. The purpose of the considerations is to present contentious situations in space that are lacking in adequate legal regulation and to propose possible solutions to the problem. The study of this aspect has a fundamental impact on the development of international space law and also allows for precise and, above all, effective enforcement. In his considerations, the author presents a methodology of classification of crimes in space and also indicates, by citing an examplary situation based on the registration issue, that new multi-modular objects created by the amalgamation/merger of separately registered objects, may cause difficulties in the attribution of responsibility and enforcement of possible criminal acts. The paper uses comparative, deductive, historical-legal and individual case methods. The findings of the analyses confirm that the precision of defining certain aspects is insufficient and there are deficiencies occurring in the Registration Convention, which necessitates updating the Convention’s provisions. Therefore, probably the most effective method is to use potentially optimal solutions focusing on the application of reasoning by analogy in the context of the laws in force on Earth, e.g. the Law of the Sea, the Antarctic Treaty.

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