Cosmic jurisdictions: quod lege naturae, moribus et consuetudine inductum est

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The study is devoted to organizing the legal space of the Universe based on “ius naturale,” morals, and consuetudes of space activities, with the prospects for the existence of extraterrestrial intelligent beings in the Universe. On the grounds of the results of the study, 7 natural factors and 2 technical factors are identified, the influence of which determines the spaces to which the sovereignty and jurisdiction of both states and all of humanity extend. Based on these factors, the NMC Concept “natura, moribus et consuetudines” is proposed, according to which, due to natural and other factors, all outer space above the Earth`s surface is divided into a “domestic room” (our Solar System) and an “alien room” (outside the Solar System), the boundary between which are the Kuiper Belt and the center of the Sun. At the same time, it is proposed to apply the principle of “Res Communis Humanitatus” to the “domestic room”, and the new principle of “Res Nullius Civitatis et Res Communis Animal Rationale” to the “alien room”. Additionally, the authors emphasize the fact that the above factors have already formed the structure of the “domestic room” regardless of the existing intentions and suggestions, leaving the world to recognize and accept it. Within the structure of the “domestic room”, the following two types of spaces have been formed: the “unified and sovereign spatial-territorial domains of states”, to which the exclusive jurisdiction of states extends, and “Res Communis Humanitatus”, to which generally recognized international law extends. In these circumstances, considering all natural and technical factors, the authors take notice of the allocation of two separate layers in “Res Communis Humanitatus”: “Orbital layer” and “Ballistic space”. The authors also propose developing a “sanitary atmospheric zone” to ensure humanity`s safety from the effects of the “X” factor. Moreover, the authors suggest applying different principles of international regulation to the “Ballistic space,” the “Orbital layer” and the space beyond it, based on the mechanisms of “tacit consent,” “silent disapproval”, “active consent”, and “active disapproval”. The result of this research is a draft Pact for the Cosmos.