Canada blazes path in space law
The Canadian government is amending its criminal law to
include any crimes committed by citizens who one day go to the moon.
While the move seems far-fetched, experts say that because of the growing interest in and feasibility of space tourism, countries should begin thinking about how crimes committed in space will be adjudicated, and they suggest the coming Canadian legislation could become a model for other countries.
Legal procedures are already in place to deal with crimes
committed aboard the International Space Station, which is divided into
different sections controlled by individual countries.
If two Americans were involved in a crime in the American
part of the station, it would be prosecutable under U.S. law. If an astronaut
of one nationality was accused of a crime against a one of a different
nationality, the two countries would have to negotiate which would prosecute or
possibly extradite the suspect.
Now Canada is looking beyond the laws governing low Earth
orbit and considering legal scenarios on another celestial object — in this
case, the moon. Language buried deep within the 443 pages of this year's budget
implementation bill stipulates that any Canadian crew member who commits an
offense in space is deemed to have committed it in Canada.
Steven Freeland, a professor emeritus of international law
at Western Sydney University in Australia, says current laws on the space
station will not work for something more complex, such as a lunar settlement.
Freeland, who has been involved extensively with space law
for several years, told VOA that Canada's action has created interesting
questions about rights and obligations because space travel now includes
tourists going into orbit and — one day — possibly staying on the moon.
He says new laws are needed that will apply to every person,
regardless of their earthly nationality.
"And it's not just about murder," Freeland says.
"It's about, you know, those people might want to get married. (Under)
what law did they get married? Those people might want to have children. You
know, what nationality, you know, what is the nationality of the child and
etc., etc. ... as those quote-unquote 'settlements' become more and more
sophisticated?"
Professor Ram Jakhu, acting director of the Institute of Air
and Space Law at McGill University in Montreal, says that as technological
advances make space travel more common, laws must reflect that reality.
"The technology is being tested. It is becoming safer.
I think five, six years, and here you will see a number of people going to
space for all kinds of things — for tourism, for, you know, having lunch or
dinner somewhere. There are honeymoons or manufacturing of some products,"
he said.
"And those things are going to happen. And this is no
more science fiction. That is for sure."
Michelle Hanlon, co-director of the Center for Air and Space
Law at the University of Mississippi School of Law, says the original
international treaties concerning outer space were designed in the 1950s and
were less about human space flight than about assets such as satellites. The
Canadian amendment is a reminder to space-bound humans that earthly laws follow
them, she says.
"And so, to just sort of reinforce the fact that as a
Canadian, and soon Americans will probably do the same thing, and then it will
probably be a requirement in order to join Lunar Gateway," a U.S.-led
international project to establish a space station in lunar orbit that can
serve as a launching pad for exploration of the moon and deep space.
"You know, just a reminder, you're human, but all of
these laws still apply to you. Your laws will follow you into space,"
Hanlon said.
Canadian Minister of Justice David Lametti was unavailable
for an interview, but in a written statement, his office called the new
amendment a response to a bilateral memorandum of understanding between Canada
and the United States over the Civil Lunar Gateway Initiative. It said the
amendment is required to ensure that Canada's criminal jurisdiction can also
apply to the country's Lunar Gateway crew members.
The National Aeronautics and Space Administration is working
toward an unmanned Orion capsule lifting off to the moon on top of the Artemis
1 rocket this summer. The first crewed mission is scheduled for May 2024.
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