Ruling Outer Space: Defining the Boundary and Determining Jurisdictional Authority

Abstract

With Outer Space becoming increasingly crowded and more susceptible to conflicts, the need for a comprehensive legal regime to resolve international disputes grows. This Article contributes to this area of law by constructing a decision-tree that can determine which authority should have the jurisdiction to resolve a specific incident based on the case’s particular facts and circumstances. In order to effectuate this model, the Article also proposes setting the Outer Space boundary at 80 kilometres above mean sea level along with the creation of a “Transitionary Outer Space Zone” (“TOS Zone”) between 80 kilometres to 100 kilometres to address concerns against setting a firm demarcation line. In this TOS Zone, all countries shall have the freedom to operate as long as their activities do not unduly burden the country below such zone. Through these solutions, the Article hopes that some of the unknown risks associated with Outer Space activities can be removed — enabling all parties to better understand how disputes might be resolved as they come up.

Keywords: Outer Space, Demarcation, Jurisdiction, Space Law, Outer Space Treaty, Rescue Agreement, Space Liability Convention, Registration Convention, Moon Treaty