COERCION
AND CRIMINALITY IN OUTER SPACE
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Objective of the workshop: To get familiar with the research project, to learn
about research design, and to become familiar with Space Law and Criminology
issues relevant to the project.
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The research project
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COERCION AND
CRIMINALITY IN OUTER SPACE Long-term human endeavours
in outer space play a significant role in the new space scenario that emerged
with the end of the Cold War. The International Space Station–the first
permanent civil settlement of human beings located in low-earth orbit at an
altitude of approximately 386 kilometres- is the
most ambitious and transcendental project of human settlements in outer
space. Despite the fact that none of the reasons usually identified by the
Criminology literature are present in space missions or their crewmembers, criminal
and deviant conflicts are expected to occur in long-term human missions in
outer space, as has been corroborated in recent multi-culturally diverse
space experiences. This project will contribute to advance criminological
theory by examining how coercive experiences in long-term space human endeavours, such as the International Space Station, lead
to deviant and criminal behaviour in outer space.
The research results will shed light on how astronauts and other members
react to experiences of personal and impersonal coercion and how this
influences deviance and criminality in outer space. The results of this
project will also contribute to the development of a more appropriate
Criminal Law and Criminal Justice system for the International Space Station
and other long-term human missions in outer space. |
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Space Law:
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SPACE LAW The outer space exploration era The first
phase of the space age, whose starting point was the launch of Sputnik 1 in
1957, is characterized by exploration activities carried out by the then
superpowers in search for prestige and dominance on Earth. The space programs
of the United States and the Soviet Union were based on the premise that the
exploration of outer space represented a competition whose main reward was
political prestige on Earth. From a
commercial standpoint, this philosophy implied that States acted under the
parameters of a war economy, with generous budgets and without taking into
account the financial aspects of their activities and the relationship
between costs and benefits. Furthermore, under this conception both in the
United States and the Soviet Union criticism to the space programs was viewed
as country treason, instead as simple requests to rectify those activities
toward objectives of more scientific value or to economic rationality. Thus,
both US and Soviet space programs emphasized
quantity over quality and practically every proposal of relative scientific
merit was soon accepted. During this stage there were no endeavors of a
commercial nature. During this
period Space Law centered around topics and issues
of international law. Strongly influenced by the political context of the
cold war, International Space Law -created through the search for the minimum
consensus between the then world superpowers-
concentrated mainly on the regulation of the exploration of outer space for
peaceful purposes. Thus, military and humanitarian issues became the almost
exclusive concerns of this field. The United Nations played an essential role
in the development of Space Law during this first stage. In 1958 the UN
General Assembly created the Committee on the Peaceful Uses of Outer Space
(COPUOS), where International Space Law would be discussed and codified.
During a period of thirteen years (1967-1979) COPUOS produced the five
international space treaties and conventions existing today. Commercial Innocence Age
This phase,
which began in 1962 with the creation of COMSAT, followed by the launch of
INTELSAT’s Early Bird -the first commercial purpose satellite- in 1964 is
characterized by an almost naïf
conception of commercial space activities. Under the
prevailing political philosophy, it was believed that the exploitation of
outer space offered infinite commercial opportunities, which assured
astronomical returns. The main
protagonists of this phase were the States and the international intergovernmental
organizations. The participation of private sector companies was relegated to
a secondary role. Private companies acted as State contractors and carried
out almost exclusively Earth activities. It was the States that assumed the
business risk of all commercial space endeavors. During this stage, the major
intergovernmental telecommunications organizations, such as INTELSAT,
INMARSAT and INTERSPUTNIK were created, as well as the European Space Agency. The economic analyses made during
this phase predicted unlimited returns in the exploitation of outer space.
The underlying idea was that space technology would evolve so as to permit an
infinite use of space resources. Under
this political philosophy, once the technical problems were overcome, the
exploitation of outer space would become free of any obstacles, which would
give rise to unlimited economic opportunities to the benefit of all mankind. This phase
witnessed the rupture of the exclusive monopoly of the United States and the
Soviet Union and the emergence of other national or regional space programs,
such as the European one under the leadership of France, and the Chinese one,
among others. During this
stage, the focus of Space Law shifted from international law to the
institutional aspects of the main intergovernmental organizations and to the
domestic law of the United States. During this stage, known as Organizational
Space Law, specialized authors devoted mainly, among other aspects, to the
analysis of the legal framework of intergovernmental institutions as well as
to United States domestic law. During this period, United States domestic
rules basically referred to authorizations to carry out space activities,
liability issues and the use of space facilities, among other matters. The
law of intergovernmental organizations dealt mainly with the rights and
obligations of the members of the organizations and with the regulation of
the relationship between the organization and other entities. During this
stage neither the norms of international organizations nor the laws of the
United States concentrated on the regulation of private entities. Commercial Space Age The
Commercial Space Age began in the 1980’s and it is characterized by the
search for economic profits through commercial space activities. The commercial
space endeavors are no longer the exclusive prerogative of States and
intergovernmental organizations. Private sector companies are now
increasingly involved directly in commercial space activities. During this
phase, the Cold War ended and the role of States in the space race changed
radically. Private sector companies assumed a direct and more active role in
the provision of goods and services directly to their customers. This process
of maximization of profits from space resources introduced a policy of costs
as a tool for decision taking in commercial space endeavors. This phase also
witnessed the incorporation of many new countries, including some developing
States, to the group of nations with space capabilities. During this
phase the works on Space Law focused on the regulation of commercial space
endeavors from a business law perspective, stressing on the evolutionary,
mixed and multidimensional aspects of commercial space activities. As a
response to the increasing commercial exploitation of outer space by US and
European private entities, several States enacted specific domestic
legislation to regulate the new space business ventures. These developments
have widely attracted the attention of authors and policy makers around the
world, and the enactment of domestic space legislation aimed at regulating
space activities of private entities constitutes the latest stage in the
evolution of Space Law. |
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Criminology
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CRIMINOLOGY Criminology is devoted to the analysis of the
causes of crime, crime patterns, and trends. Criminologists use scientific
methods to study the nature, extent cause and control of criminal behavior. Criminology is the
scientific approach to the study of criminal behavior as a social phenomenon.
It is the body of general principles regarding the process of law, crime and
control. It is an
interdisciplinary science. For most of the 20th century
criminology’s primary orientation was sociological, today it is viewed as an
integrated approach. Criminology vs.
criminal justice Criminology explains
the origin, extent and nature of crime in society, whereas criminal justice
refers to the agencies of social control that handle criminal offenders.
There is some overlapping. What Criminologists do: Criminologists are primarily
interested in studying crime and criminal behavior. ·
Statistics: to measure the amount and trends of
criminal activity. ·
Sociology of Law: the role that social forces
play in shaping criminal law and the role of criminal law in shaping society. ·
Theory construction: why people engage in
criminal acts. ·
Criminal behavior systems: research on specific
criminal types and patterns, e.g., violent crime, theft crime, public order
crime and organized crime. ·
Penology: the correction and control of known
criminal offenders, which overlaps with criminal justice. ·
Victimology: victim
behavior is often a key determinant of crime, a
victim’s actions may precipitate or provide an opportunity for crime. CRIMINOLOGY VIEWS: CRIME CAUSATION Individual explanations:
Sociological explanations: the explanations lie outside the
individual
Emphasis is on criminogenic social conditions. The immediate social
environment is primarily responsible for criminality in our society, e.g.,
broken families, poor parenting, low quality educational experiences,
delinquent peer relations, poverty, lack of equal economic opportunity,
inadequate socialization to the values implicit in the American culture, etc.
Crime control (emphasis is on the criminal not on the crime itself just as
with biological and psychological views): correctional programs can give
those arrested the social skills necessary to overcome those aspects of their
immediate social environment that led to the criminal acts in their first
place.
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Social control: Travis Hirschi’s
Social Bond theories. The emphasis is on why people do not commit crimes.
Everyone has the potential to become a criminal but most people are
controlled by their bond to society. Crime occurs when the forces that
bind people to society are weakened or broken. When the social bonds that
individuals have to parents, peers, and important social institutions like
the school or the workplace are strong, they fear that their criminal
activity may jeopardize their relative position in society and refuse to run
the risk of losing meaningful social relationships, careers, etc. ·
Strain theory (Merton) crime is a function of the
conflict between the goals people have and the means they can use to legally
obtain them. While goals are the same for all the ability to obtain these
goals is class dependant. Consequently, lower classes feel anger, frustration
and resentment which is referred to as strain. These
people can either accept their condition and live out their days as socially
responsible but un-rewarded citizens, or they can choose an alternative means
of achieving success, such as theft, violence or drug trafficking. Here the
criminal must rehabilitate psychologically and accept those limited
legitimate means available to him or her. Conflict or critical criminology:
political view of crime. It is capitalism that creates criminal behavior.
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Research design
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RESEARCH
DESIGN The
arrangement of elements governing the functioning of a study. 5 components: (i) purpose; (ii) conceptual context; (iii) research
questions; (iv) methods; and (v) validity. PURPOSES What are the ultimate
goals of this study? What issues is it intended to illuminate, and what
practices will it influence? Why do you want to conduct it, and why should we
care about the results? Why is the study worth doing? CONCEPTUAL CONTEXT
(THEORETICAL FRAMEWORK) What do you
think is going on with the phenomena you plan to study? What theories,
findings, and conceptual frameworks relating to these phenomena will guide or
inform your study, and what literature, preliminary research, and personal
experience will you draw on? RESEARCH QUESTIONS
What, specifically,
do you want to understand by doing this study? What do you not know about the
phenomena you are studying that you want to learn? What questions will your
research attempt to answer, and how are these questions related to one
another? METHODS What will
you actually do in conducting this study? What approaches and techniques will
you use to collect and analyze your data, and how do these constitute an
integrated strategy? VALIDITY
How might you be
wrong? What are the plausible alternative explanations and validity threats
to the potential conclusions of your study, and how will you deal with these?
How do the data that
you have, or that you could collect, support or challenge your ideas about
what is going on? Why should we believe your results? |
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Future actions