Using Space Objects in Orbit as Transaction Objects: Issues of Liability and Registration de lege lata and de lege ferenda

Which Jurisdiction for Private In-space Assembled Autonomous Platforms?

“…It should be considered that, through the acts of authorization and continuing supervision, the State is in fact asserting a significant degree of control, direction, or influence over the specific private space activity that it is requested to authorize, thus assimilating it into an activity of the State [43]. More specifically, the act of authorizing the specific activity demonstrates that a State has effective control over the realization of this activity owing to the fact that it has the power to either allow it or prevent it from taking place [44]. Consequently, this control can constitute a basis for the State to exercise jurisdiction over the in-space assembled platform [44], considering that this object is the outcome of the activity that the State has authorized.…”

“…More specifically, the act of authorizing the specific activity demonstrates that a State has effective control over the realization of this activity owing to the fact that it has the power to either allow it or prevent it from taking place [44]. Consequently, this control can constitute a basis for the State to exercise jurisdiction over the in-space assembled platform [44], considering that this object is the outcome of the activity that the State has authorized. This can be either the State of nationality of the individual or the corporation (personal jurisdiction), or the State of registry of the space object from which or through which the in-space assembly activity took place ("quasi-territorial jurisdiction") [42].…”

“…A State has personal jurisdiction over its nationals, including the legal persons incorporated under its laws [43]. Thus, apart from the State that authorized the in-space assembling activity, jurisdiction may also be asserted by the State in which the private entity that undertook the in-space assembly is incorporated (unless the authorizing State and the State of incorporation are the same, of course) [44,46]. Alternatively, jurisdiction may also be exercised by the State where the private entity's principal place of business is located (i.e., where its center of interests is located and the most important managerial and strategic decisions are taken) [44,46].…”

“…Thus, apart from the State that authorized the in-space assembling activity, jurisdiction may also be asserted by the State in which the private entity that undertook the in-space assembly is incorporated (unless the authorizing State and the State of incorporation are the same, of course) [44,46]. Alternatively, jurisdiction may also be exercised by the State where the private entity's principal place of business is located (i.e., where its center of interests is located and the most important managerial and strategic decisions are taken) [44,46]. This is particularly important, considering that States bear international responsibility for their national activities in outer space, including activities by nongovernmental entities (Article VI OST).…”