THE GIST of Editorial for UPSC Exams : 15 october 2019 (Framing laws for outer space (The Hindu))

Framing laws for outer space (The Hindu)

Mains Paper 2: Polity
Prelims level: International Space Station Inter Governmental Agreement
Mains level: Laws for the International Space Station Inter Governmental Agreement

Context

  • Recently it was reported that the “world’s first space crime” may have been committed by a NASA astronaut, Anne McClain. She is suspected of signing into the personal bank account of her estranged spouse from a computer aboard the International Space Station (ISS).
  • In this context, it is necessary to understand the ambit of space laws, issues in this relation and way forward.

What can be done against space crimes?

  • The law which is applicable to the case is the International Space Station Inter Governmental Agreement (IGA).
  • Article 22 of the Agreement concerns itself with criminal jurisdiction and states that countries which are mentioned in the agreement may exercise criminal jurisdiction over personnel in flights who are their respective nationals. Hence, the laws of the U.S. will be applicable in this situation concerning the first space crime.
  • There are legal documents that govern space, such as the Outer Space Treaty, the Moon Agreement, the Registration Convention, the Rescue Agreement, and the Liability Convention, none of them comprehends a detailed framework to cater to criminal disputes that might arise on commercial space vessels, which will have personnel and space tourists from different jurisdictions.
    Issues
  • NASA has recently announced the opening of the ISS for commercial uses like filming etc. which can naturally give rise to crimes committed in outer space.
  • India is presently not a party of IGA but will have to become considering its ambitious projects like the Gaganyaan etc. If so, India will have to include provisions relating to offences in space in the Indian Penal Code, as that could be material in situations involving outer space, Indian citizens, and space equipment.

Way forward

Prelims Questions:

Q.1) Which of the following concepts is used to find the value by which the cost of a good has risen from its cost in the base year?
(a) GDP Deflator
(b) Real Gross Domestic Product
(c) Nominal Gross Domestic Product
(d) Gross Value Added (GVA)

Answer: A
Mains Questions:
Q.1) What do you mean by the International Space Station Inter Governmental Agreement? Do you think India’s legal prowess be applied to the situational complexities of space exploration?