What country are you from "Baby born in the month"? Legal summary of the world concerning the universe
recent years,A lunar orbital trip by a private space companyYaConstruction of a space luxury hotelIt is no longer a dream story that the plan to raise, the astronaut and the billionaire "ordinary people" go to the universe. However, there are many people who do not know about the details such as where in the universe are the laws of which country? "" Which country is the baby born in the universe? " A movie that assumes such a situation legallySpace Law - What Laws are There in Space?YouTube channel that explains economics, geography, marketing, etc. from traveling around the worldWendover ProductionsIt is open to the public.
Space Law - What Laws are There in Space? - YouTube
The movie is a movie "Star Wars" series with the dialogue "Today we will talk about the law concerning space"Main subjectIt starts with.
First of all, from the topic we need to think about when rockets and artificial satellites fly through various places on the earth.
Normally, when passing over the territory of a country where there is an airplane etc, we ask for permission from the government in that place in advance.
The height above 500 feet (about 150 meters) from the surface of the surface or the water is governed by the right "Airspace rightSo, when another aircraft enters the airspace, it is a prioriAuthorizationBecause it is necessary.
But what if we asked for government permission when a "rocket" flies over the territory of a country just like an airplane? For example,International Space StationBecause it is flying at about 28,000 km / h at the speed of going around the earth in about 90 minutes, if you are seeking permission when passing over the sky, there will be no dust and you will not be able to catch even those who give permission.
Actually, in space ships and artificial satellites such as rockets, so that such a thing does not happen, the airspace right is not applied in the space above a certain altitude.Space lawSo, the state prohibits the possession of outer space, but there are various opinions about which altitude or higher is to be regarded as "outer space", there are various theories, there is a theory that there are various theories, There are various opinions such as the way of thinking as outer space and the idea that about 160,000 meters or more from the ground where the spacecraft and artificial satellite orbits circulate as outer space.
Next, let's think about which countries' laws apply to astronauts.
Because there is a rule that "the rocket will be an extension of the territory of the country that it belongs to" ...
In the rocket the law of the country to which you belong is applied. For example, Russia's "Soyuz spacecraftIf the inside of the ship is in Russia, the private space company belonging to the United States "Space XThe law of the United States is applied if it is within the spacecraft of.
However, it came into force in 1967Space agreementAccording to "It is stated that any country can not assert the territory as the moon".
In other words, will an astronaut go into lawlessness if he / she is in a "moon" not owned by any country?
In this case, the idea of using on a ship "Extraterritorial Jurisdiction (Extraternal application) "Is used as the idea. When the citizens of each country are outside the country, it is the idea that "people will follow the laws of their own countries even outside the country" except when they are in a foreign country.
For example, suppose an 18-year-old astronaut who has "English nationality" and "American nationality" has alcohol on the moon.
In this case,The legal drinking age of each countryBritish astronauts can drink alcohol and American astronauts can not drink because Britain is 18 years old and America depends on state but from 21 years old.
Let's assume another place next. A large number of countries have jointly constructed, and people of many nationalities are collaboratingInternational Space StationIn the case of (ISS), which country's law will be applied?
The answer is that the ISS rules that the countries using the International Space Station are agreeing "International Space Station Cooperation AgreementThere is.
According to this rule, ISS also applies extraterritorial application, and astronauts follow their own country's laws respectively.
That is, the laws of each country apply to the astronauts working on ISS.
Let's consider a complicated case. For example, a British astronaut ... ...
Let's say you broke a Canadian machine.
Then the British astronaut will be indicted in Canada.
The same rule applies to people. Let's say that an American astronaut made a punch for a French astronaut.
In this case, astronauts in the United States will sign international treaties in FranceCriminal Delivery TreatyAnd will be prosecuted in France.
There is one question in this rule. This rule applies to international treatiesCriminal Delivery TreatyCountries that have a connection with each other are premised.
But what about countries like "Russia and the United States do not have a criminal delivering treaty?"
Let's say, for example, a Russian astronaut punched an American astronaut.
If this case is done "on earth", Russia is not obligated to hand it over. However, in this case both Russia and the US have "agreed" with the rules of the ISS,International Space Station Cooperation AgreementAccording to Article 22 of Russia, the obligation to deliver a Russian astronaut is born.
Next is the case where "a baby was born in the universe". First of all, this case is Super Hypothetical (a reality apart assumption). The reason is that there are so many "immeasurable parts".
If a baby is born with weightlessness and it got off to the earth ......
Bones are born as fragile as they can break with their own weight, and the babies are crushed by their own weights.
Aside from the above story, let's consider the case where a baby was born in outer space. What is the nationality in this case?
A reference case is on the south side of the earth.
"Antarctica" is a reference to this doubt. Antarctica is like the moonPlaces where it is impossible to govern any countryis. And, 13 babies have been born.
Babies born in Antarctica will be the same nationality as their parents ... ...
Babies born in space also become the same nationality as their parents.
However, do not automatically give parents' nationality to babies born outside the country, such as America and AustraliaBirth place principleThere is a country to take.
In the country of this system, the above rule "the rocket will be extended to the territory of the country to which it belongs" is applied and the baby born at the rocket will be "the nationality of the country the rocket belongs to" .
This is the same rule as when you are on an airplane.
But what happens to "moon" and "mars" without a country belonging to?
The answer is "I do not know".
I do not know even a lawyer. Seriously, no one really knows. This is only one of the many flaws still present.
536 astronauts went to space in the history of mankind. They were not types of people committing crime, they were highly trained and went to space as representatives of the country.
Considering future developments of commercial space flight and space tourism business, these laws need to be clearer in order to prevent future problems.
And there is no time to think of these problems as "assumptions".
In the near future, we will come to both the era that human beings will be able to make commercial use of the universe, and the attractive era in which legal and political foundations necessary for the beginning of a new frontier will be advanced Will be.