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Whose Laws Apply On the ISS?

Hugh Pickens writes "Whose laws apply if astronauts from different countries get into a fight, make a patentable discovery, or damage equipment belonging to another country while on the International Space Station? According to the Outer Space Treaty of 1967, ratified by 98 nations, states have legal jurisdiction within spacecraft registered to them. When the space station was assembled from modules supplied by the United States, Russia, Japan and the European Space Agency (ESA), partners rejected an initial proposal that US law should prevail throughout the space station. "It was agreed that each state registers its own separate elements, which means that you now have a piece of the US annexed to a piece of Europe annexed to a piece of Japan in outer space, legally speaking," said Dr Frans von der Dunk of the International Institute of Air and Space Law at the University of Leiden. So what happens if a crime is committed in space? "If somebody performs an activity which may be considered criminal, it is in the first instance his own country which is able to exercise jurisdiction," Dr. von der Dunk added."

68 of 344 comments (clear)

  1. Dr. von der Dunk? by Anonymous Coward · · Score: 5, Funny

    Didn't he invent the "Coffee and Donut" combination?

  2. We clearly need by dnormant · · Score: 5, Funny

    a Federation.

    1. Re:We clearly need by dreamchaser · · Score: 4, Funny

      Bah. Only a strong central government can calm the chaos. We need an Empire.

    2. Re:We clearly need by presarioD · · Score: 4, Funny

      Nahhh, only benevolent and wise entities can lead the sheep. We need overlords...

      --
      Yam, yam, uga booga, yam, yam, yade, yade, uga booga, yam, yam, yade, yade
    3. Re:We clearly need by Anonymous Coward · · Score: 5, Funny

      I, for one, will welcome them...

    4. Re:We clearly need by smittyoneeach · · Score: 2, Funny

      Nonsense. Space has already been claimed by RMS as an inferior Emacs process.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    5. Re:We clearly need by BelDion · · Score: 2, Funny

      Spawning.

      --

      I am BelDion's .Sig; Who the hell is Jack?
  3. If astronauts fight.. by Anonymous Coward · · Score: 4, Funny

    ..the winner makes the law. Duh.

  4. Fingers crossed. by Asm-Coder · · Score: 3, Funny

    I had hoped that astronauts would be above this, but, nobody seems to be above anything nowadays.

    1. Re:Fingers crossed. by sconeu · · Score: 4, Funny

      They are.... by about 150 miles.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  5. Crimes in space by Sarten-X · · Score: 5, Funny

    If a crime is committed in space, we need to execute a nice antique trial-by-fire... if they survive decompression, they must be innocent. If not, they're guilty. It's foolproof!

    --
    You do not have a moral or legal right to do absolutely anything you want.
    1. Re:Crimes in space by adz · · Score: 3, Informative

      Wrong way round. You don't want innocent people getting upset because you decompressed them. So the innocent ones are the ones who die (besides, you're a bit of a freak if you survive decompression).

    2. Re:Crimes in space by idontgno · · Score: 4, Funny

      What else floats in microgravity?

      Apples!
      Churches!
      Lead! Lead!
      Mud!
      Small rocks!

      A duck...

      Correct!

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    3. Re:Crimes in space by Cedric+Tsui · · Score: 4, Informative

      No No. It is clearly the other way around.
      The witch trials for instance. Witches float, so you tie the accused witch up to ensure she can't swim (because that would add a a second variable of uncertainty) and toss her into the nearest creek. If she floats, and is a which, you then haul her over to the town square to be burned. If she sinks and drowns... An unfortunate casualty of the justice system.

    4. Re:Crimes in space by Roger+W+Moore · · Score: 4, Interesting

      You know, an astronaut weighs the same as a duck in space.

      Actually this is a popular misconception. A few hundred kilometres up the acceleration due to gravity is not much different than here on the Earth's surface. The difference is that the ISS is in freefall you you get apparent weightlessness - effectively all the objects are in the same orbit around the Earth and since orbital velocity is independent of mass it gives an impression of weightlessness. So actually an astronaut still weighs more than a duck in space but is unaware of this because they are in the same orbit. For true weightlessness you have to go a long, long way away.

      Sorry that was probably more physics than you wanted to know but this is Slashdot!

    5. Re:Crimes in space by Roger+W+Moore · · Score: 2, Informative

      Weight is a measure of the acceleration of your mass due to gravity relative to another mass.

      Sorry but this is very wrong. Using your definition then since all object accelerate equally under gravity all objects would have the same weight which is clearly not correct!

      So, in the ISS I'd say you are weightless relative to the ISS... and so is the duck.

      Weight is a force caused by gravity which is proportional to mass (hence the equal accelerations). Since in the ISS you still feel the gravitational pull of the Earth you still have a weight. The best illustration of this is that you are going round in a roughly circular orbit. To follow such an orbit there must be a force acting on the space station and the source of that force is gravity hence you have a weight.

      Perhaps a better way to think of it is imagine you are in a lift at the top of a tower block and someone suddenly cuts the cable and you start to fall. In the brief moments of life left to you you are clearly not weightless but instead are in freefall so you get the illusion of weightlessness. The ISS is just like that...only the freefall lasts a lot longer!

    6. Re:Crimes in space by Ihlosi · · Score: 3, Informative
      i think its the acute hypothermia issues that will kill you, not the decompression in itself...



      Um, no. It's lack of oxygen that you'll die from. You'll lose consciousness after about 15 to 20 seconds (due to deoxygenation of your blood on your lungs) and probably don't want to be resuscitated after more than 2 minutes unless you enjoy an existence at the mental level of a daisy.

  6. War of the Roses in space? by burtosis · · Score: 4, Insightful
    Whoever owns the rights to the module you have to enter/leave by is going to win this one.

    What do you mean I can't have more air?

  7. I know ... by ubrgeek · · Score: 3, Funny

    Let Sealand claim it :)

    --
    Bark less. Wag more.
  8. crime? what about birth? by rucs_hack · · Score: 4, Interesting

    Wait till the first child gets born. They might be the first people able to claim multinationality, or perhaps to be able to drop the concept of nationality altogether.

    Ok, unlikely, but would it not rock?

    1. Re:crime? what about birth? by DragonWriter · · Score: 3, Informative

      They might be the first people able to claim multinationality


      Actually, lots of people are able to claim more than one nationality as a result of birth; for instance, anyone born of a parent from one country that makes children of its citizens citizens by birth, that also:
      1) has their other parent a citizen of another country that does that, or
      2) is born in a country different than their parents country of citizenship, that makes people born in the country citizens by birth,
      Can claim birthright citizenship in more than one country. IIRC, some countries force such a person to make a choice of one or the other at adulthood or give up the claim. I don't really think the ISS, despite having bits of many countries in close proximity, really adds anything new in this regard.
    2. Re:crime? what about birth? by khellendros1984 · · Score: 3, Informative

      I'm reasonably certain that both Germany's and Switzerland's citizenship laws work this way. In fact, there's a sizable Turkish population in Germany, many of whom have lived there for generations, but who don't have citizenship because Germany doesn't automatically grant it at birth. At least, that's the situation as I remember it. It's been a while since I lived there, and I was just a kid.

      --
      It is pitch black. You are likely to be eaten by a grue.
    3. Re:crime? what about birth? by nebaz · · Score: 2, Insightful

      What citizenship can be claimed by people born on the high seas?

      --
      Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    4. Re:crime? what about birth? by mortonda · · Score: 2, Insightful

      Probably the flag the are legally sailing under.

  9. I wonder.. by aevan · · Score: 2, Funny

    So when are the Dutch sending up the hydroponics section again?
    Still think be more amusing to have it be whoever you're currently flying over. "3-2-1-Not Legal!"

    Originally had thought it really didn't matter, seeing as they 'rigorously screen astronauts'...but after the Diaper Psycho incident, this might come to be of importance soon enough. Bugger of a wait for trial if something happens on a Mars mission though.

  10. Earth to Cosmonaut Dmitry Sklyarov by Weaselmancer · · Score: 2, Funny

    Urgent! Do NOT GO into the module made by the United States.

    --
    Weaselmancer
    rediculous.
  11. but but but by Anonymous Coward · · Score: 2, Funny

    Astronauts don't break the law....
    Oh wait...

  12. Extremes by orzetto · · Score: 4, Funny

    What happens if you have a joint in the Dutch module and some jolly fellow pushes you over in the Singapore module? Do you get spaced?

    --
    Victims of 9/11: <3000. Traffic in the US: >30,000/y
  13. Million dollar pen? Use a pencil by Riddler+Sensei · · Score: 2, Funny

    I foresee the international trial of the century wherein American astronauts are accused of stealing pencils from the Russians after their own space aged pens die.

    1. Re:Million dollar pen? Use a pencil by 91degrees · · Score: 2, Informative

      You know, NASA only paid $4 a piece for those million dollar pens. They were developed entirely by private industry and were better than the pencils that both the Russians and NASA were using.

  14. Directive B10.81 by skydude_20 · · Score: 4, Funny

    Brannigans Law

    --
    Jesus saves souls and redeems them for valuable cash prizes
  15. How about by Chabil+Ha' · · Score: 4, Insightful

    the law of common decency?

    --
    We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
  16. four places at once by brunes69 · · Score: 4, Interesting

    There are documented cases of people born on airplanes who were able to claim citizenship in four countries at once - their home country, the country where the plane took off from, the country where the plane landed, and the country whose airspace the person was in when they were born.

    1. Re:four places at once by Richard_at_work · · Score: 4, Informative

      It happens at least once a year on scheduled flights, and no, all those nationalities do not count - the baby gets to claim the parents nationality and the destinations nationality.

    2. Re:four places at once by gEvil+(beta) · · Score: 3, Informative

      ...and no, all those nationalities do not count - the baby gets to claim the parents nationality and the destinations nationality.

      Not entirely true. It depends on the citizenship laws of each country involved. For instance, simply being born in a country doesn't automatically give you rights to citizenship (I was born in Germany, but neither of my parents are German citizens, so it's not even an option for me). I'm sure there are a few combinations of the above example where someone would have legal rights to citizenship in all four countries.

      --
      This guy's the limit!
    3. Re:four places at once by metlin · · Score: 3, Informative

      There are two types - Jus Soli and Jus sanguinis.

      Former grants citizenship as a function of soil/territory and the latter through blood lineage. So, the method of deeming a person's citizenship would be heavily contingent upon the method used for determining the same.

  17. right.... by superwiz · · Score: 4, Insightful

    Law? As in rules of civil society? How bout acknowledging the fact that there is no society on a space station and not giving in to lawyers who are trying to con people into thinking that their contribution is necessary in a situation where "law" is, in fact, the least efficient way to solve problems?

    --
    Any guest worker system is indistinguishable from indentured servitude.
  18. Nobody's by plasmacutter · · Score: 2, Insightful

    there are at most a dozen people up there at one time.

    one dozen people in a floating school bus don't need laws about drivers licenses, aircraft operation, housing codes, or logging regulations (maybe one day we'll have Treeees Innnnn Spaaace, but not today)

    it's not as if anyone can anonymously commit crimes up there, and if anyone gets really rowdy they can have a nice, cold, explosive time "out".

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  19. International waters by P3NIS_CLEAVER · · Score: 5, Insightful

    Why wouldn't they just follow protocols used by ships in international waters?

    --
    Please sign petition to restore sanity to our banking system!!!

    http://financialpetition.org/
    1. Re:International waters by Buran · · Score: 3, Insightful

      'Cause that's not what the treaty says must be done.

    2. Re:International waters by Andy+Dodd · · Score: 4, Informative

      I think part of the problem (as listed in the summary) is that while a ship in international waters usually has a clearly defined nationality, the ISS has a bunch of parts originating from different countries, so the question is what is the nationality of the "ship". It sounds like the issue is not difficult when dealing with spacecraft of a single nationality (for example, the Space Shuttle.)

      --
      retrorocket.o not found, launch anyway?
  20. heh by B3ryllium · · Score: 3, Funny

    In Space, no one can hear you scream Habeus Corpus. :)

    1. Re:heh by vertinox · · Score: 2, Funny

      In Space, no one can hear you scream Habeus Corpus. :)

      I can only imagine the expression on the face of the government agent who tries to water board someone for the first time.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
  21. Interesting Questions by Thyamine · · Score: 4, Interesting
    Definitely opens the door for some interesting questions:

    • If an astronaut from Nation X makes a discovery in Nation Y's module/ISS component/lab, can Nation Y make a claim on the discovery?
    • Who's patent/legal laws apply to the discover made by the same astronaut? Does the astronaut get to choose? Do both have to apply?
    • Can a country ban an astronaut from it's soil, and thereby ban that astronaut from using it's module/equipment?
    • If two astronauts from two different countries have an altercation in a completely different nations module, who's legal authority is applicable?
    --
    I will shred my adversaries. Pull their eyes out just enough to turn them towards their mewing, mutilated faces. Illyria
  22. Aliens from outer space by ishmalius · · Score: 4, Funny

    We used to joke that, technically, cosmonauts who launched from Baikonur and landed at Canaveral were exactly that.

  23. well its *called* by myowntrueself · · Score: 2, Interesting

    You will often see it called 'The NASA Space Station Project' in a great many news sources and thats how NASA refer to it...

    So I guess U.S. laws would apply since its obviously a NASA project...

    Oh wait, that would be in U.S. news sources... and in press releases from a U.S. space agency...

    --
    In the free world the media isn't government run; the government is media run.
  24. One solution... by lpangelrob · · Score: 4, Funny

    1.) Provide each astronaut a handgun of personal choice
    2.) Place astronauts back-to-back in the center of the longest capsule on board
    3.) If velcro boots are provided, order each astronaut to take ten steps toward the edge of the capsule. If not, approximate 10 seconds of floating in opposite directions before turning and firing.
    4.) In the event the space station is still intact and both parties are still alive, review tape footage and declare the astronaut with the most matrix-like moves the winner.

  25. Re:Who pays for the station? by Detritus · · Score: 2, Interesting

    Why not? They already have a firearm on the Soyuz. It's part of their survival kit in case they land off-course and have to deal with unfriendly and hungry wildlife.

    --
    Mea navis aericumbens anguillis abundat
  26. Obligatory by PPH · · Score: 3, Funny

    In Soviet Russian module, the Party determines the laws.

    --
    Have gnu, will travel.
  27. Why the Law of Space of course... by Shadow+Wrought · · Score: 3, Funny

    So far its only tenent is that "No one can hear you scream," but they're working on it.

    --
    If brevity is the soul of wit, then how does one explain Twitter?
  28. Illegal region-free DVD player aboard the ISS by Animats · · Score: 4, Interesting

    The ISS has an illegal modded "region-free" DVD player, purchased by NASA and shipped up in 2001.

    Properly, the ISS should have a Region 8 player. Those are for aircraft, cruise ships, and "international venues". Airlines have to buy Region 8 players and discs for in-flight entertainment. Why isn't the MPAA pursuing this? It sets a bad example.

    1. Re:Illegal region-free DVD player aboard the ISS by tgd · · Score: 4, Funny

      The MPAA can pursue it, but they need to show up in person.

  29. Re:pointless question... by Anonymous Coward · · Score: 2, Informative

    The Canadian Criminal Code basically states that if any crime on the ISS involves a Canuck, Canada can prosecute the crime:

    Section 7:

    Space Station -- Canadian crew members

    (2.3) Despite anything in this Act or any other Act, a Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission is committed
    (a) on, or in relation to, a flight element of the Space Station; or

    (b) on any means of transportation to or from the Space Station.

    Space Station -- crew members of Partner States

    (2.31) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Space Station or on any means of transportation to and from the Space Station that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission
    (a) threatens the life or security of a Canadian crew member; or

    (b) is committed on or in relation to, or damages, a flight element provided by Canada.

    This is the same section that governs crimes on aircraft, oil platforms, and some ships.

  30. Re:Probably a lawyer by hedwards · · Score: 3, Informative

    And exactly what is wrong with NASA? A lot of good science comes out of it. Sure a lot of it isn't immediately obvious as to the benefit, but the country and the world as a whole is better off for having the agency around doing research.

    Climate research for example has greatly benefited from the actions of the agency.

  31. Re:Well, fortunately - by skoaldipper · · Score: 2, Funny

    Putting on diapers and driving nonstop across the country to kill your romantic rival with a hammer will get you arrested pretty much anywhere.
    Except in Soviet wing of Space Station, where lovesick stalker wearing cosmic ray infected diapers arrests you!

    Provided their hammer is bigger than yours, of course.
    --
    I hope, when they die, cartoon characters have to answer for their sins.
  32. European law by Bromskloss · · Score: 2, Informative

    a piece of Europe

    As if Europe even was a single country with a common law. (Err, a law in common, that is.)

    Things seem to be going that way, unfortunately (EU, get out of Sweden now, please!), but we're not there yet.

    --
    Swedish plasma phys. PhD student; MSc EE; knows maths, programming, electronics; finance interest; seeks opportunities
  33. Re:Probably a lawyer by Applekid · · Score: 2, Funny

    Space truly is the final frontier [of litigation].

    --
    More Twoson than Cupertino
  34. Re:We clearly also need... by geekoid · · Score: 5, Insightful

    It is a fallacy to think you need faith in God to have morals and restraint. A dangerous fallacy.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  35. Re:Probably a lawyer by peragrin · · Score: 2, Funny

    because when the borg attack I shall use lawyers as my shield.

    Let the borg assimilate that.

    --
    i thought once I was found, but it was only a dream.
  36. Fights on the ISS by Nick+Driver · · Score: 2, Informative

    Are the fights that serious on the ISS?

    With the possible exception of the temporary visitors, all the crews onboard the ISS, the Shuttles and Soyuz ships that service the ISS are all extremely disciplined professionals and have to behave as such at all times, especially since they are kept busy so much of the time, and their safety depends on their professionalism. These folks have been trained their whole careers to exercise great patience that it is second nature to them. I seriously doubt there are any "fights" more involved that something along the lines of "Awright, which one of you knuckleheads ate my last package of butterscotch pudding" or something like that. There have been some rather heated exchanges between the ISS crews and their mission control counterparts on the ground, and those are well documented, but so far there's been no widely publicized arguments between the ISS individual crew members themselves.

  37. Passport aboard? by Bananenrepublik · · Score: 2, Funny

    Why don't they simply carry their passports around, making sure that they get a stamp everytime they enter or leave a compartment? They should also set up extradition treaties in case the American murderer of the Russian cosmonaut hides in the Japanese compartment. Of course, if he manages to reach the American compartment, where he can't be extradited, the Russians may decide to decompress the station, which would force the murderer into the Russian escape pod. Sounds like a space soap opera, and more beneficial to humankind than all this research jabberjibber that noone understands.

  38. more interesting, who's ethics committee? by petes_PoV · · Score: 4, Interesting

    For example, should stem cell research (legal in some countries, illegal in others) be permitted. Could it be done in, say, a european module, but not an american one. How about growing GM crops

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
  39. Defend Our Borders!!! by Bastardchyld · · Score: 2, Funny

    I propose building a wall around our ISS modules. I am tired of illegal space men crossing our borders to steal our resources. Although on the upside at least we do not give them drivers licenses.

    --
    $diff terrorists hippies
    $
    $rm -rf *terrorists *hippies
  40. Re:Independence by saider · · Score: 2, Funny

    What would they trade for foodstuffs? And water. And oxygen. And any number of other things.

    The nation's chief export will be zero gravity porn.

    But they will have to get more attractive citizens.

    --


    Remember, You are unique...just like everyone else.
  41. Europe? by spyfrog · · Score: 2, Interesting

    "It was agreed that each state registers its own separate elements, which means that you now have a piece of the US annexed to a piece of Europe annexed to a piece of Japan in outer space, legally speaking".

    Ok, anybody besides me that see an obvious question regarding this: which European states law apply in ESA's sections? There is no "Europe" when it comes to laws - each country have their own.
    So which is it? English? French? German? Dutch? Italian? Spanish? Or another European law?

  42. Re:Ape law! by PitaBred · · Score: 2, Funny

    Dude, dogs were first. Those astronauts better be prepared to sniff some ass...

  43. no "European" jurisdiction by delong · · Score: 2, Interesting

    It's even worse than that. The ESA sections really muddy up the waters. The ESA and the EU have no legal personality in international law. Which member nation of the ESA would have legal responsibility? All, or none? Who the hell knows.

  44. What's 10000 lawyers in low earth orbit ? by Ihlosi · · Score: 2, Funny

    A good start.