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Journal International Institute of Space Law x Year 2020 x

    The European Union has turned into a significant player in the area of space activities and this has been accompanied by legislative steps. In 2018, it formulated a Proposal for a Regulation Establishing the Space Programme of the Union and the European Union Agency for the Space Programme which seeks to regulate the governance of the key components of the EU space activities. In parallel, the Union adopted also the Directive No 2018/1972 establishing the European Communications Code, which represents the recent developments in the approach to frequency spectrum applicable also to space communication. It is interesting to see that from the legislative point of view European Union is approaching the regulation of space activities and telecommunication differently. Whereas telecommunication, including space communication, is regulated as a part of the European internal market and the respective procedures are substantially harmonised, space activities are based on the provision of the Lisbon Treaty which expressly prohibits any harmonization of national space laws. The common denominator for both areas is the method to codify a whole package of new and older activities in a single document.


Mahulena Hofmann
Mahulena Hofmann, University of Luxembourg.
Article

An International Trust Model to Deal with the New Space Era

From the “De Iure Condito” Regime to a “De Iure Condendo” System for Outer Space

Journal International Institute of Space Law, Issue 7 2020
Authors Ivan Fino
AbstractAuthor's information

    Considering the acceleration of climate change, in the future outer space might be our last Noah’s Ark. Humans must now look to space as an opportunity to support growing resource requirements. Unfortunately, the existing international legal framework discourages investments in the space economy. Once an enterprise invests in developing a mining site, it cannot claim any ownership because of the non-appropriation principle of Article 2, Outer Space Treaty (OST); thus, other entities could legally access and exploit the same resource without any participation in the initial financial investment. Taking this into consideration, the question arises, which legal regime could ensure effective allocation of resources? The aim of this research is to develop a new legal model for outer space, considering the weak points of the current regime and the needs of the new space economy. Food for thought will be drawn from the hypothetical adoption of various international environments’ legal framework. The proposed model would take the best features of these legal regimes and its structure would be based on a mix between a classical legal trust model and a public trust model.


Ivan Fino
Ivan Fino, Università degli Studi di Torino, Facoltà di Giurisprudenza; ivan.fino@edu.unito.it.
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