One of the main issues debated during the negotiating process of the draft Protocol on space assets was the concern that this new international regime could hamper the compliance by States parties of obligations under pre-existing international instruments and/or national peremptory prescriptions. Reference was made to the UN outer space treaties, to mandatory decisions of international bodies and to national legislation concerning sensitive sectors. In particular, the major concern was the transfers of ownership of space assets that the draft Protocol, once in force, would allow and their consequences on pre-existing obligations, both international and national, of such kind. The paper addresses these aspects with a view to clarify the legal situations at stake, the meaning of the optional character of the regime set out by the Protocol for private parties and the public law (international and domestic) limits within which the regime would work.

Space Assets Protocol and Compliance with International Law / Marchisio, Sergio. - STAMPA. - (2013), pp. 153-185. (Intervento presentato al convegno 55th Colloquium on the Law of Outer Space tenutosi a Naples nel October 2012).

Space Assets Protocol and Compliance with International Law

MARCHISIO, Sergio
2013

Abstract

One of the main issues debated during the negotiating process of the draft Protocol on space assets was the concern that this new international regime could hamper the compliance by States parties of obligations under pre-existing international instruments and/or national peremptory prescriptions. Reference was made to the UN outer space treaties, to mandatory decisions of international bodies and to national legislation concerning sensitive sectors. In particular, the major concern was the transfers of ownership of space assets that the draft Protocol, once in force, would allow and their consequences on pre-existing obligations, both international and national, of such kind. The paper addresses these aspects with a view to clarify the legal situations at stake, the meaning of the optional character of the regime set out by the Protocol for private parties and the public law (international and domestic) limits within which the regime would work.
2013
55th Colloquium on the Law of Outer Space
International Private Law; Space Assets; Securities
04 Pubblicazione in atti di convegno::04b Atto di convegno in volume
Space Assets Protocol and Compliance with International Law / Marchisio, Sergio. - STAMPA. - (2013), pp. 153-185. (Intervento presentato al convegno 55th Colloquium on the Law of Outer Space tenutosi a Naples nel October 2012).
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/558804
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