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. |
Search result: 32 articles
Article |
The European Union and SpaceA ‘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 |
Report |
The 2018 Manfred Lachs Space Law Moot Court CompetitionCase 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 |
Report |
Report of the 61st Colloquium on the Law of Outer Space |
Journal | International Institute of Space Law, Issue 6 2018 |
Authors | P.J. Blount and 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. |
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. |
Article |
Space Applications for Agricultural Purposes: Relevant Legal Framework |
Journal | International Institute of Space Law, Issue 3 2018 |
Authors | Catherine Doldirina |
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Article |
Intellectual Property Protection, a Financial Aspect of the ISS |
Journal | International Institute of Space Law, Issue 3 2018 |
Authors | Gabriella Catalano Sgrosso |
AbstractAuthor's information |
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. |
Article |
Extraterrestrial ExtraterritorialityEnforceability of Patents from the Earth to the Moon |
Journal | International Institute of Space Law, Issue 1 2015 |
Authors | Brendan Cohen and Elena Carpanelli* |
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Article |
Privacy, Earth Observations and Legal Ways to Reconcile the Two |
Journal | International Institute of Space Law, Issue 7 2014 |
Authors | Catherine Doldirina |
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Article |
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Journal | International Institute of Space Law, Issue 7 2014 |
Authors | Marc Haese |
Article |
The Current Challenges of Liability for Loss of Satellite-Based Services |
Journal | International Institute of Space Law, Issue 3 2013 |
Authors | Lesley Jane Smith |
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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 |
Article |
A new look on the delimitation of airspace and outer space |
Journal | International Institute of Space Law, Issue 9 2011 |
Authors | Tanja Masson-Zwaan and Sergio Marchisio |
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Article |
‘A New Look on the Delimitation of Airspace and Outer Space’ - REPORT |
Journal | International Institute of Space Law, Issue 9 2011 |
Authors | Olavo Bittencourt |
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Article |
26th IAA/IISL Scientific-Legal Roundtable - “Space Debris Remediation” |
Journal | International Institute of Space Law, Issue 7 2011 |
Authors | Nicola Rohner-Willsch |
Article |
Author IndexAddenda |
Journal | International Institute of Space Law, Issue 12 2010 |
Article |
Is the EU Legal Regime of Remote Sensing Data Protection Facilitating the Development of the Market of Applications?Recent Developments in Space Law |
Journal | International Institute of Space Law, Issue 5 2010 |
Authors | C. Doldirina |
Article |
Space and Lisbon: a New Type of Competence to Shape the Regulatory Framework for Commercial Space ActivitiesNandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session |
Journal | International Institute of Space Law, Issue 1 2010 |
Authors | M. Sánchez Aranzamendi |
Article |
Facing Up to Third Party Liability for Space Activities: Some ReflectionsThird Party Liability Issues in Commercial Space Activities |
Journal | International Institute of Space Law, Issue 3 2009 |
Authors | L.J. Smith |
Article |
A Rightly Balanced Intellectual Property Rights Regime as a Mechanism to Enhance Commercial Earth Observation ActivitiesLegal Mechanisms for Encouraging Space Commerce |
Journal | International Institute of Space Law, Issue 4 2009 |
Authors | C. Doldirina |