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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."

28 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...

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    3. Re:We clearly need by Anonymous Coward · · Score: 5, Funny

      I, for one, will welcome them...

  3. If astronauts fight.. by Anonymous Coward · · Score: 4, Funny

    ..the winner makes the law. Duh.

  4. 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 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.
    2. 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.

    3. 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. 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?

  6. 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?

  7. 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?

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

    Brannigans Law

    --
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  9. How about by Chabil+Ha' · · Score: 4, Insightful

    the law of common decency?

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  10. 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.

  11. 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.
  12. International waters by P3NIS_CLEAVER · · Score: 5, Insightful

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

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    1. 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.)

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  13. 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?
    --
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  14. 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.

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

    They are.... by about 150 miles.

    --
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  16. 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.

  17. 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.

  18. 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.

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  19. 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

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