Ondřej, Jan: The Exercise of Jurisdiction over Objects and Persons in Outer Space with Specific Reference to the International Space Station

Abstract:

The Outer Space Treaty unlike The United Nations Convention on the Law of the Sea of 1982 does not mention the exclusive jurisdiction of the state of registration in relation to the ships on the sea. Apart from the general regulation contained in the Outer Space Treaty there are the Space Station Intergovernmental Agreement of 1998. Article 5, paragraph 2 of this Agreement states that each partner stall retain jurisdiction and  control over the elements it registers and over personnel in or on the Space station who are its nationals. The regulation of jurisdiction in the International Space Station Intergovernmental Agreement of 1998 does not satisfactorily answer all questions. The paper is touching some of these problems including the role of international organizations – ESA, EU.