CYIL Vol. 4, 2013

SOVEREIGNTY AND OWNERSHIP IN RELATION TO OUTER SPACE … is based on the registration of space objects . This jurisdiction should be distinguished from personal jurisdiction, which is based on the nationality of a given person. The state of registration exercises its jurisdiction not only over the objects but also over the persons (if it is not a case of strictly personal jurisdiction) and things on board. It is therefore a extension of jurisdiction of the state of the flag or registration on persons which are found in these objects. Some authorities call this transfer of jurisdiction of the state of the flag or registration from the object on persons quasi- territorial jurisdiction. 31 This concept should not be accepted, because it could lead to a perception of so called “fictive state territory”. Malenovský 32 calls the registration in the national register which refers to some floating and flying means of transport (ships, planes, space objects, floating platforms) matriculation. Whatever term is used, it can be said that jurisdiction based on registration of space objects is the most suitable means for exercising authority in outer space from the perspective of regulation of important aspects of private activities, such as intellectual property. 33 The USA, for example, supplemented their legislation pertaining to patent rights, which is generally based on territorial principle with the addition that inventions made in outer space require registration of the USA. Dunk, 34 however, claims that such an extension of jurisdiction can only be applied to space objects and possibly to activities connected directly with particular space objects. As soon as a permanent settlement on the Moon is possible, the restrictive nature of the jurisdiction will be apparent. Jurisdiction of the state on whose registry the object is listed can apply both to the nationals of that state and foreign organizations and nationals who are under the jurisdiction 35 of that state. Jurisdiction of the state of registration can apply to various persons without consideration as their nationality. Article VI of the Space Treaty should be interpreted this way. A state party to the Treaty authorizes and continually supervises activities of non-governmental entities whose objects are listed in the registry of that state without respect to their nationality.

31 See for example Schwarzenberger, G. Manual of International Law , 4th edition, Stevens and Sons, London, 1960, p. 87, or Cheby, B. in: A. Csabafi, The Concept of State Jurisdiction in International Space Law , Hague, 1971, p. 57, or Jennings, R.Y. General Course of International Law , Recueil des Cours 1967-II, p. 460. 32 See Malenovský, J. Mezinárodní právo veřejné, obecná část , 2. vydání, Masarykova Univerzita, nakl. Doplněk, 1997, p. 93. 33 See Dunk, F.G. The Dark Side of the Moon. The Status of the Moon: Public Concepts and Private Enterprise. 40th Colloquium on the Law of Outer Space. Turín, 1997, p. 122A. 34 ibid. 35 See for example Article 9, para. 2 of the Law of the Russian Federation about Space Activity. Decree No. 5663-1.