From Earth to Heaven: States’ Criminal Jurisdiction in the Space Station

Abstract

State jurisdiction is a familiar aspect of international law. State jurisdiction could theoretically extend to outer space, and thus it may then be referred to as “Space Jurisdiction”. A state’s jurisdiction in outer space extends to its space objects and inhabitants. As crime on outer space is possible, therefore there is an uncertainty as to whether a state has the jurisdiction to try its nationals or foreign nationals who have committed an offense in outer space and in the space station. This paper aims to contribute to the existing body of knowledge and practice and, more importantly, guide the government agency, should they want to send astronauts to the space station in the future. It examines the legal regime regulating state jurisdiction in outer space in the context of the increasing commercialisation of outer space. This study draws significantly from international law statutes and the literature written by prominent jurists and scholars in space law. It finally offers some possible solutions to the gaps in the legal regime regulating state jurisdiction in outer space.