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The EU Constitutional Treaty and Space: towards EU Jurisdiction on Board a Space Station?

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Chapter Summary

On 18 June 2004, the Heads of State and Government of the European Union unanimously agreed upon the conclusion of a Constitutional Treaty (CT) for the European Union (EU). This chapter analyses some of the consequences of the Constitutional Treaty on questions concerning the jurisdiction on board space stations, in particular the International Space Station (ISS). The jurisdiction of a State concerning a certain issue is usually based either on its defined territory or on its permanent population. According to Article 5(1) of the Intergovernmental Agreement (IGA) of 1998, the legal basis for the ISS-cooperation between the US, Russia, Japan, Canada and ten European Governments, each Partner of the Agreement shall register the space objects which it provides. According to the wording of Article VIII of the Outer Space Treaty, only "a State Party to the Treaty" can exercise jurisdiction and control over a space object it has registered.

Keywords: Constitutional Treaty (CT); European Union (EU); Intergovernmental Agreement (IGA); International Space Station (ISS); Outer Space Treaty; space stations



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