MSRT, Noormagz, Civilica, Magiran, ...

Document Type : Original Article

Author

Ph.D. Student of International Law Qaemshahr Azad University, Mazandaran, Iran

Abstract

Before September 2018, many people in the world did not think that the day would come when whispers of crime echoed in the atmosphere beyond the atmosphere and the judicial process, the jurisdiction of national and international courts and the type of crime would become a challenge for lawyers and astronauts. In 2018, Ms. Anne McClain, an astronaut from the International Space Station, was able to access her husband's bank accounts on Earth, and this was the beginning of whispers about the first crime in outer space, although at the same time NASA announced that it would investigate the matter . Based on the location of the crime committed, the courts of the country registering the space object will have jurisdiction to deal with the crime committed in the space beyond the atmosphere. The court of the accused and the perpetrator may also qualify to deal with these crimes in certain circumstances. The actual jurisdiction of the courts will also be determined by the type of crime committed. These will be considered in determining the jurisdiction of the courts by this investigation. In recent days, the International Space Station has repeatedly announced that it is ready to hold month-long tours of space by hotel and by rocket. The world is preparing for space tourism and the possibility of living in Beyond the atmosphere, and there are many space trips that continue to be discussed about crimes outside the Earth's atmosphere and the jurisdiction of the courts, as well as the laws and regulations on this matter are not enough. Especially since the country's internal laws and regulations will also be dealt with in case of crimes under the Islamic Penal Code. The present study, with a descriptive - analytical approach, seeks to examine the criminal law governing space tourist travel and the laws and regulations governing it, as well as the jurisdiction of criminal courts when a crime occurs in space.

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  1. Agreement among the government of Canada, government of the members of the European Space Agency (ESA), the government of Japan, the government of the Russia Federation, and the government of the United States of America concerning cooperation on the civil international space station (ISS), available at:
  2. http://www.ptp.h.q.nasa.gov/pub/pao/reports/1998/Html, last seen on 17/06/2016.
  3. http://www.space.conference.news/
  4. Hermida, J., (1996), “Space Registry”, 24 International Business Lawyer, at 383.
  5. Hermida, J., (2004), “Legal Basis for a National Space Legislation”, Dordrecht, Boston, and London: Kluwer Academic Publishers, at 61.
  6. Andrew J. Young, (1989), “Law and Policy in the Space Stations’ Era”, Dordrecht, Boston: Nijhoff, at 152-53.
  7. Mark Ruppert. , (1996), “Criminal Jurisdiction over Environmental Offenses Committed Overseas: How to Maximize and When to Say No”, 40 A. F. L. Rev.
  8. frand, Andre, “Astronauts behavior onboard the International space station: regulatory framework”, available at: http://www.porial/unesco.org/shs/en/files/8480/11224719601Farand. pdf/ last seen on: 17/06/2017.
  9. frand, Andre, “Astronauts behavior onboard the International space station: regulatory framework”, op.cit, pp. 71-74
  10. Experiment could have stopped, agency says: Unwanted sex advances by Russian were noted” The Gazette (Mar 26, 2000) at A.5.
  11. Graeme Hamilton, “Sex harassment claim hurts career: astronaut: ‘I didn’t play the game’: Commander’s kiss simply a New Year’s greeting, Russians say” National Post (Apr 4, 2001) at A 11.
  12. 9 “Experiment could have stopped, agency says: Unwanted sex advances by Russian were noted” The Gazette (Mar 26, 2000) at A.5.
  13. Joanne Laucius, “Women may be from Venus, but they can’t go to Mars: Female space travellers increase ‘probability of conflicts’: Russian official” The Ottawa Citizen (Jun 10, 2001) at A.1.FRO.
  14. Patrick D. Nolan & Marilyn Dudley-Rowley, “Effects of Organizational Structure on the Behavior and Performance of Polar and Space Work Teams” (2000) American Sociological Association (ASA).
  15. Liz Jefferson, “Why do we ignore Lapierre’s harassment?” The Ottawa Citizen (30 March 2000) at A.13.
  16. S. military personnel will also be subject to the jurisdiction of the Uniform Code of Military Justice (10 U.S.C. 805 (1976)) which applies “in all places.”
  17. Arnaud, Diana, St, Farand, Andre, Uchitomi Motoko, Frank Robin. Jard Porokin, igor, “The legal framework for the international space, April 17, 2013, Power Point.
  18. “Experiment could have stopped, agency says: Unwanted sex advances by Russian were noted” The Gazette (Mar 26, 2000) at A.5.
  19. Joanne Laucius, “Women may be from Venus, but they can’t go to Mars: Female space travellers increase ‘probability of conflicts’: Russian official” The Ottawa Citizen (Jun 10, 2001) at A.1.FRO.
  20. Perek L, (1998), “The 1976 Registration Convention” 47 ZLW, pp. 351-60; and his (2003), “Basic problem in space Traffic”, 46 proc. IISL.
  21. Hobe,stephan,legal aspects of space tourism,institute of air and space law, unuversity of cologne,2007,vol86.
  22. Declaration of legal principles governing the activities of states in the exploration and use of outer space including the Moon and other celestial bodies, GA Res 1962 (XVIII), adopted on 13 Dec 1963.
  23. space. com/3642-space-tourist-american. enterprenear/charles-simonyi-prepares-lift-off-html28/6/2006