Aditya J Hiremath, O.P. Jindal Global University, Arihant Jain, O.P. Jindal Global University
ABSTRACT
The rapid transformation of outer space into a domain of strategic importance, scientific exploration, and commercial opportunity raises significant legal and policy questions about jurisdictional enforcement. Traditional concepts of jurisdiction, heavily reliant on territorial boundaries, face challenges in the boundless expanse of outer space. This research delves into the complexities and nuances of enforcement of jurisdiction in space by examining international customary law and treaty law. It highlights the inadequacies of traditional jurisdiction principles—territoriality, nationality, passive personality, protective, and universality—in the context of space. The Outer Space Treaty (OST) of 1967, which governs space activities, prohibits national appropriation and emphasizes peaceful use. However, it falls short of providing comprehensive solutions to jurisdictional dilemmas, particularly regarding crimes or disputes involving different nationalities aboard the International Space Station or during spacewalks. The study underscores the need for evolving international law to address these challenges, suggesting the reinforcement of existing treaties, creation of specialized courts, and fostering international cooperation to ensure a robust legal framework for the future of human space activities.
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