Lex Specialis for Space Crimes

Q3 Social Sciences
G. S. Sachdeva
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引用次数: 2

Abstract

ABSTRACT Anne McClain, an accomplished American astronaut, was sent to the ISS for six months. While stationed there, she accessed the bank account of her estranged spouse making use of the official and privileged computer network of the ISS and NASA. The spouse has alleged unauthorised access to personal financial data as an act of personal impropriety and invasion of privacy. The matter was reported to the authorities for investigation. Media has splashed this as first case of alleged criminal wrongdoing committed in and from outer space. This particular case seems rather simple because complainant and respondent, both are US citizens as also the act has been committed in the US quarters of ISS which is the notional territory of the US. So, there is no conflict of law or jurisdiction. However, it flags many legal issues relating to crimes in outer space that may require discussion and settlement. In the future, with the advent of space tourism, commercial exploitation of celestial resources, planetary settlements, etc., far more serious and complicated crimes may be committed. And multi-nationality scenario with involvement of more than one state, private corporations and individuals may pose a lot of imponderables and uncertainties under existing space law, international law as also germane national laws. Major problems would relate to jurisdictional issues, extradition conflicts, procedural hassles or uncertainty in applicable legal code. Hence, there is need to negotiate a specialis treaty that may facilitate handling of legal and juridical specificities of crimes in space and also establish an International Court of Space Crimes for dispensing justice in disputed or delayed matters.
太空犯罪科莱克斯特警
安妮·麦克莱恩是一位颇有成就的美国宇航员,她被送往国际空间站待了六个月。在那里驻扎期间,她利用国际空间站和美国国家航空航天局的官方和特权计算机网络访问了她分居的配偶的银行账户。配偶声称未经授权访问个人财务数据是一种个人不当行为和侵犯隐私的行为。这件事已报告给当局调查。媒体大肆报道称,这是第一起在外太空犯下犯罪行为的案件。这个特殊的案件似乎相当简单,因为原告和被告都是美国公民,而且该行为发生在ISS的美国宿舍,这是美国的名义领土。因此,不存在法律或管辖权冲突。然而,它指出了可能需要讨论和解决的与外层空间犯罪有关的许多法律问题。未来,随着太空旅游、天体资源商业开发、行星定居等的出现,可能会犯下更严重、更复杂的罪行。一个以上的国家、私营公司和个人参与的多民族情景可能会在现有的空间法、国际法以及相关的国内法下造成许多不可估量的不确定性。主要问题涉及管辖问题、引渡冲突、程序纠纷或适用法典的不确定性。因此,有必要谈判一项专门条约,以便利处理空间犯罪的法律和司法特殊性,并设立一个国际空间犯罪法院,以便在有争议或拖延的事项上伸张正义。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
Astropolitics
Astropolitics Social Sciences-Political Science and International Relations
CiteScore
1.20
自引率
0.00%
发文量
2
期刊介绍: Astropolitics: The International Journal of Space Politics and Policy is a peer-reviewed academic journal. The journal is dedicated to policy relevant and interdisciplinary analysis of civil, commercial, military, and intelligence space activities. Committed to the highest editorial standards, Astropolitics is the international journal of choice for the academic, policy-maker and professional in the space community.
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