top of page

Enforcement Of Jurisdiction In Outer Space




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.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page