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.File | Dimensione | Formato | |
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