Justice in space

[winky99]

I originally posted this in the “Big Ass Laser” ( http://boards.straightdope.com/sdmb/showthread.php?threadid=21104 ) thread, but I think it actually belongs as its own thread.

**
winky99–Cheesehead is right. Some years ago there was a treaty signed by the members of the UN that declared the Moon an international territory, and not the property of any one country. So I don’t who would prosecute you if you used a Big Ass Laser ™ to carve, etc. etc. The World Court?
**

Ok, so the UN probably handles justice for the moon (I’d like to see the Book of Statutes). But what about space?
If Motel 6 builds an orbiting hotel and one of the patrons shoots Tom Bodet for leaving the lights on, how is that person held accountable for his actions?

[winky99]

Narile said:It probably falls under the same legal domain as crimes commited on international waters.

from: the International Court of Justice Homepage
**Jurisdiction

The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways:

(1) by the conclusion between them of a special agreement to submit the dispute to the Court;

(2) by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing a provision whereby, in the event of a disagreement over its interpretation or application, one of them may refer the dispute to the Court. Several hundred treaties or conventions contain a clause to such effect;

(3) through the reciprocal effect of declarations made by them under the Statute whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration. The declarations of sixty-two States are at present in force, a number of them having been made subject to the exclusion of certain categories of dispute.

In cases of doubt as to whether the Court has jurisdiction, it is the Court itself which decides.
**

(1) If only one state is involved, can the ICJ still hear the case?
(2) Now its my WAG that there are no clauses in the “several hundred treaties or conventions” concerning space.
(3) I can’t really understand what this means. I think its saying that certain states have said “You broke this law, but we don’t decide, the ICJ does”

Regardless, I don’t see any real argument that says the ICJ has domain over celestial crimes unless the states say, “We want you to preside over this dispute.” What gives the states the right to tell someone that they may have broken the law while they were off the planet and they need to see this Board of Judges, all of which represent a state ON Earth.

BTW, I love the last part that covers doubt. Just in case all else fails, we decide, so there.

[Show_Biz]

Boosting for my good pal…(damn! can’t read the name with this pair of glasses)…(that’s better, now where…)

…winky99

[Show_Biz]

You know, I once read a book “The Man Who Sold the Moon”
by Heinlein, Robert A.
Published: Chicago, Shasta Publishers [1950]
LC Call No.: PZ3.H364Man

The law probably is the same as 50 years age, wouldn’t you think?

[SPOOFE]

I would imagine that once space stations and space travel in general become so commonplace that Motel 6 builds orbitting motels, I think there’d be some sort of body put together some sort of enforcement agency.

Seeing as how we still have trouble putting our dinky little cans into space, much less a massive orbiting structure fit for housing hundreds of people, I wouldn’t worry about it.

Re-post this thread next century

[winky99]

I always was ahead of my time.

[Thank You]
Show_Biz
[/Thank You]