The rationale for a study on information via satellite from a human rights perspective stands in the relevance of space law and human rights for the contemporary evolution of international law. From a temporal point of view, the legal regimes concerned have their respective roots in the aftermath of the Second World War and they developed during the Cold War era . Both fields of law developed almost in parallel but seem to have many differences and few points of contact, such as the humankind-oriented approach. The relationship between space activities and human rights is a missing link in the doctrinal analysis concerning both space law and human rights. These two fundamental areas of international law have often been considered separately . However, human rights and space law are indissolubly linked to each other. Space activities can help people in the full enjoyment of fundamental rights as in the case, for example, of the use of satellites for accessing information, thus fostering the free circulation of ideas and freedom of expression. The research demostrates that human rights do not provide a limit for the evolution of space activities; rather they help space activities to develop in a proper manner, compatibly with consolidated values of the international community. In this sense, only a holistic approach can ensure such a development, in compliance with legal standards of contemporary international law.

Information via satellite. A human rights perspective / Nucera, Gianfranco Gabriele. - (2020), pp. 285-339.

Information via satellite. A human rights perspective

Nucera, Gianfranco Gabriele
2020

Abstract

The rationale for a study on information via satellite from a human rights perspective stands in the relevance of space law and human rights for the contemporary evolution of international law. From a temporal point of view, the legal regimes concerned have their respective roots in the aftermath of the Second World War and they developed during the Cold War era . Both fields of law developed almost in parallel but seem to have many differences and few points of contact, such as the humankind-oriented approach. The relationship between space activities and human rights is a missing link in the doctrinal analysis concerning both space law and human rights. These two fundamental areas of international law have often been considered separately . However, human rights and space law are indissolubly linked to each other. Space activities can help people in the full enjoyment of fundamental rights as in the case, for example, of the use of satellites for accessing information, thus fostering the free circulation of ideas and freedom of expression. The research demostrates that human rights do not provide a limit for the evolution of space activities; rather they help space activities to develop in a proper manner, compatibly with consolidated values of the international community. In this sense, only a holistic approach can ensure such a development, in compliance with legal standards of contemporary international law.
2020
Fifty years of space law. Cinquante ans de droit de l'espace
978-90-04-44805-6
space law; freedom of information; human rights; satellite data; international law
02 Pubblicazione su volume::02a Capitolo o Articolo
Information via satellite. A human rights perspective / Nucera, Gianfranco Gabriele. - (2020), pp. 285-339.
File allegati a questo prodotto
File Dimensione Formato  
Nucera_information-via-satellite_2020.pdf

solo gestori archivio

Tipologia: Versione editoriale (versione pubblicata con il layout dell'editore)
Licenza: Tutti i diritti riservati (All rights reserved)
Dimensione 6.05 MB
Formato Adobe PDF
6.05 MB Adobe PDF   Contatta l'autore

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/1471670
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact