From the standpoint of international law States are generally free as to the manner in which, domestically, they put themselves in the position to meet their international obligations. This is the case for the obligations deriving from the UN Treaties on Outer Space. These obligations shall be implemented by State parties in their domestic legal order by enacting, when necessary, specific legislation. The Italian model of national space legislation is characterised on one hand by a de lege ferenda process concerning the first building block and, on the other han, by a special law concerning the indemnification aspects. A draft bill has been recently submitted to the Council of Ministers, concerning the authorization of the ratification of the 1975 Registration Convention, and the enactment of norms regulating the registration of space objects and the authorization and supervision mechanisms for private national activities. The second building block is partially covered by Law 23 of 25 January 1983 on compensation for damage caused by space objects, which is largely inspired by the norms and procedures of general international law concerning diplomatic protection, broadening the State's obligation as for the indeminification of victims. Finally, the Italian situation cannot be assessed without making a reference to the legal framework of the EU, since the ongoing involvment of the EU in space matters would certainly affect the future prospect of national space legislation in European countries.

Italian Space Legislation Between International Obligations and EU Law / Marchisio, Sergio. - STAMPA. - (2005), pp. 106-116. (Intervento presentato al convegno Forty-Seventh Colloquium on the Law of Outer Space tenutosi a Vancouver nel 4-8 ottobre 2004).

Italian Space Legislation Between International Obligations and EU Law

MARCHISIO, Sergio
2005

Abstract

From the standpoint of international law States are generally free as to the manner in which, domestically, they put themselves in the position to meet their international obligations. This is the case for the obligations deriving from the UN Treaties on Outer Space. These obligations shall be implemented by State parties in their domestic legal order by enacting, when necessary, specific legislation. The Italian model of national space legislation is characterised on one hand by a de lege ferenda process concerning the first building block and, on the other han, by a special law concerning the indemnification aspects. A draft bill has been recently submitted to the Council of Ministers, concerning the authorization of the ratification of the 1975 Registration Convention, and the enactment of norms regulating the registration of space objects and the authorization and supervision mechanisms for private national activities. The second building block is partially covered by Law 23 of 25 January 1983 on compensation for damage caused by space objects, which is largely inspired by the norms and procedures of general international law concerning diplomatic protection, broadening the State's obligation as for the indeminification of victims. Finally, the Italian situation cannot be assessed without making a reference to the legal framework of the EU, since the ongoing involvment of the EU in space matters would certainly affect the future prospect of national space legislation in European countries.
2005
Forty-Seventh Colloquium on the Law of Outer Space
Italian Space Legislation; International Law; EU Law
04 Pubblicazione in atti di convegno::04b Atto di convegno in volume
Italian Space Legislation Between International Obligations and EU Law / Marchisio, Sergio. - STAMPA. - (2005), pp. 106-116. (Intervento presentato al convegno Forty-Seventh Colloquium on the Law of Outer Space tenutosi a Vancouver nel 4-8 ottobre 2004).
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/403122
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