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Article

The European Union and Space

A ‘Star Wars’ Saga?

Journal European Journal of Law Reform, Issue 4 2019
Keywords EU space competence, EU Space Policy, Galileo, Copernicus, Framework Agreement ESA-EU
Authors Rebecca-Emmanuela Papadopoulou
AbstractAuthor's information

    This article explores the complex relationship between the European Union (EU) and space, alias space’s ever-growing place and role in the EU legal order. Two distinct paths are identified in this respect. On the one hand, as from the mid-1980s and despite the lack of an express ‘space competence’, space policy parameters were introduced in EU acts regulating telecommunications, satellite communications and electronic databases, but only to the extent necessary to serve the functioning of the single market. On the other hand, an autonomous EU Space Policy has been progressively elaborated as from the late 1990s through several initiatives, namely the strengthening of the collaboration with the European Space Agency and the setting up of the Galileo and Global Monitoring for Environment and Security (GMES)/Copernicus programmes. This tendency was corroborated by the conferral of an express space competence on the EU by the Lisbon Treaty, whose constitutional and institutional implications are explored in this article. It is submitted that the new space competence shall allow the EU to reach a stage of maturity and claim a greater degree of autonomy at the international level and, at the same time, to project its own governance model, thus enhancing the quality of international cooperation in space.


Rebecca-Emmanuela Papadopoulou
Rebecca-Emmanuela Papadopoulou is Assistant Professor, Law School, NKUA.
Report

The 2018 Manfred Lachs Space Law Moot Court Competition

Case Concerning Conflicting Activities in Outer Space, Planetary Protection, and Outer Space Security (The Democratic Republic of Neapilia v. The Republic of Kalvion)

Journal International Institute of Space Law, Issue 12 2018
Authors Melissa K. Force
Author's information

Melissa K. Force
Co-Chair, Manfred Lachs Space Law Moot Court Committee, IISL.

P.J. Blount

Rafael Moro-Aguilar

    The grand project of “Belt and Road” Space Information Corridor proposed by China, which aims to integrate its space-based platforms for comprehensive space applications under the Belt and Road Initiative, resonates with calls and recommendations of the United Nations conferences on the exploration and peaceful uses of outer space for increased international cooperation in space projects to address common challenges. This project is expected to translate the potentials of space technology for socioeconomic development into real benefits for billions of people along the Belt and Road region. The Chinese government has released guidelines in 2016 to identify the general goals and major tasks.
    As we celebrate legacy of the UNISPACE conferences this year, it is beneficial to also focus on the ramifications of large scale space projects for governance of space activities on national, regional and international level. On the one hand, policy and legal aspects are important factors to be taken into account in project planning and implementation. On the other hand, the need to accommodate requirements of space projects could stimulate adjustment or innovation in space policies and regulations. The “B&R” Space Information Corridor offers us a chance to explore such interaction between space project and space governance. Based on analysis of the relevant aspects of legal environment, this paper purports to examine opportunities and challenges confronted with during implementation of the “mega-project” from legal perspectives.


Kang Duan
China Great Wall Industry Corporation.
Article

Transferring Rights of Satellite Imagery and Data: Current Contract Practice and New Challenges

Journal International Institute of Space Law, Issue 3 2018
Keywords geospatial, remote sensing, Incoterms, intellectual property
Authors Jordi Sandalinas Baró
AbstractAuthor's information

    The present work refers to the challenge of understanding the emerging contractual paradigm referred to satellite imagery and data online commerce. Issues like the role of consent in new online contract forms will be analyzed. In this regard, the formation of online contracts requires the existence of consent given by the parties to the contract. The formation of contracts known as “click-wrap”, “browse-wrap” and “shrink-wrap” agreements constitute a new paradigm in the tradition of online commerce related to satellite imagery and data. The author highlights other legal challenges encountered during his research and practice such as the Intellectual Property Paradigm regarding Geospatial imagery and data commercial transactions. Moreover, Value Added Data and the Exhaustion of Rights Principle of the rights deserve also some close attention and must be added to the present study.


Jordi Sandalinas Baró
Attorney at Law, Maritime SDI, Drone and Satellite Law, Lecturer and Course Instructor, Universitat Oberta de Catalunya, CEO Image Sea Solutions, Coordinator SpaceLaw.net, email: advocat@sandalinas.com.

Catherine Doldirina
International Institute of Space Law, Italy, kdoldyrina@yahoo.com.

    This paper analyzes, on the one hand, the legitimate expectations and needs of the industries in terms of intellectual property protection for outer space research, as they need to be protected against violations and be free to grant exploitation licenses. On the other hand, it investigates if the use and exploitation of outer space and celestial bodies is carried out for the benefit and in the interest of all countries.
    The key issue of the protection of inventions in accordance with national and international regulations will also be addressed in the paper.
    The paper will start from a combined analysis of art. 5 of the IGA, establishing that each Partner shall retain jurisdiction and control over the elements it registers, and art. 21 of the IGA, which regulates intellectual property based on the quasi-territorial principle, and sets out that the regulations of the State in whose registered modules the invention occurs shall apply. The paper aims to examine national intellectual property protection regulations, highlighting possible conflicts of applicable national laws with respect to the place where the invention occurs and inventor nationality, but also regarding the recognition of the different patent systems adopted by ISS Partner States. European Partner States enjoy a privileged position, as set forth by paragraph 2 of art. 21 of the IGA.
    As the unique environment of the ISS calls for quick recognition of intellectual property licenses obtained in other Partner States, the paper will analyze the different Partners’ national legislation, existing International Conventions on the matter, such as the TRIPS Agreement, and European patent regulations, which streamline procedures and introduce stringent minimum protection standards in all the areas of intellectual property.


Gabriella Catalano Sgrosso
University of Rome, Italy, sgrossogabriella@gmail.com.
Article

Extraterrestrial Extraterritoriality

Enforceability of Patents from the Earth to the Moon

Journal International Institute of Space Law, Issue 1 2015
Authors Brendan Cohen and Elena Carpanelli*
Author's information

Brendan Cohen
Cleary Gottlieb Steen & Hamilton LLP, United States

Elena Carpanelli*
University of Milan-Bicocca, Italy

Catherine Doldirina
Joint Research Centre, Italy

Marc Haese

Lesley Jane Smith
LL.M., Leuphana University Lueneburg; Weber-Steinhaus & Smith, Cotton Exchange. D-28195 Bremen. ljsmith@barkhof.uni-bremen.de; smith@weber-steinhaus. com.
Article

Practical and Legal Consequences of Spacecraft End of Life Disposal

Journal International Institute of Space Law, Issue 9 2012
Authors David Finkleman PhD, Diane Howard JD, LLM and Catherine Doldirina
Author's information

David Finkleman PhD
Center for Space Standards and Innovation, Colorado Springs, Colorado, USA dfinkleman @centerforspace.com.

Diane Howard JD, LLM
DCL Institute of Air and Space Law, Montreal, Quebec, Canada.

Catherine Doldirina
DCL Institute of Air and Space Law, Montreal, Quebec, Canada.

Tanja Masson-Zwaan
President IISL

Sergio Marchisio
President ECSL

Olavo Bittencourt
University of Sao Paulo, Brazil

Nicola Rohner-Willsch

C. Doldirina
Article

Space and Lisbon: a New Type of Competence to Shape the Regulatory Framework for Commercial Space Activities

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Sánchez Aranzamendi

M. Sánchez Aranzamendi
Article

Facing Up to Third Party Liability for Space Activities: Some Reflections

Third Party Liability Issues in Commercial Space Activities

Journal International Institute of Space Law, Issue 3 2009
Authors L.J. Smith

L.J. Smith

C. Doldirina
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