Comparative Space Law

Sirio Zolea, Ph.D., is senior researcher of Private Comparative Law at the Law Department of Roma Tre University, where he teaches Space Policies and the Law and European and Comparative Data Law. His research is focused on law and technology.

• Introductory Part1 The Aim and the Method of This Book1.1 The Aims and the Structure1.2 The Method2 Space Economy, Space Society and Space Law2.1 The Space Economy in General2.2 An Embryonic Space Society2.3 Ubi ius, ibi societas3 Space Law: What Is It?3.1 The Multiple Layers of Space Law3.2 International Space Law3.2.1 The Outer Space Treaty3.2.2 The Other Multilateral Space Treaties3.2.3 International Agreements on Cooperation in Outer Space: Some Relevant Examples3.3 National Space Law3.4 Legal Hybridity in Space4 Comparative Law and International Law4.1 The Dialogue between Comparative Law and International Law4.2 Some Benefits of Comparative International Law5 Space Law and Comparative Law: A Beneficial Symbiosis5.1 Comparative Law for Space Law5.2 Space Law for Comparative Law1 The Players of Space Law1 Humankind1.1 Space Law and the Problem of Terrestrial Territorialisation1.2 Humankind and Human Rights in Space Law2 States and Other Entities of International Law2.1 States and Intergovernmental Organisations in International Space Law2.2 The Role of the State (and Its Public Bodies) in National Space Law2.3 Jurisdiction in Space3 Commercial Entities3.1 A General Tendency towards Commercialisation of Outer Space3.2 Commercial Entities in International Space Law3.3 The Current Orientation of the Space Legislation of the United States of America3.4 Licensing Private Operators3.4.1 The United States of America3.4.2 Europe3.4.3 People’s Republic of China4 Individuals and Social Groups4.1 Individuals in International Space Law4.1.1 The Multilateral Space Treaties4.1.2 Other International Agreements4.2 Individuals in National Space Law4.3 Some Inconclusive Remarks on Individuals and Social Groups in Space Law2 Legal Models in Outer Space1 Public Sector-Centered vs. Private Sector-Centered Space Policies and Legal Rules1.1 Space Powers and Polycentric Governance of Space Activities1.2 Private-Focused Models of Space Policies and Space Law1.2.1 The United States of America1.2.2 The Artemis Accords1.3 Public-Focused Models of Space Policies and Space Law: China1.4 Europe: The Problematic Quest for a Third Way2 Fundamental Rights, Constitutional Principles and Space Law2.1 Outer Space and Inequalities2.2 Space Law, Equality Issues and State Intervention in Light of a Heterodox Economic Approach2.3 Social Rights and Public Economic Intervention: Prospects for a European Third Way towards Outer Space3 Some Traditional Problems of Private Law from the Perspective of Space Law1 Property Rights with Regard to Space Objects1.1 Property Rights in Outer Space?1.2 The International Law Framework1.2.1 Outer Space Treaty and Moon Agreement1.2.2 The Uncertainties and Ambiguities of the Rules of International Law1.3 National Laws and the Artemis Accords1.3.1 The Law of the United States of America: Towards ‘Space Homestead Acts’?1.3.2 Other National Laws Regarding Space Resources and the Artemis Accords1.4 Looking for Property Models in Outer Space1.4.1 Suggestions from Civil Law and Common Law1.4.2 Suggestions from China1.5 De iure condito1.6 De iure condendo2 Liability in Outer Space2.1 Torts in Outer Space2.2 The International Law Framework2.2.1 Responsibility and Liability in the Outer Space Treaty2.2.2 The Liability Convention: Substantive Provisions2.2.3 The Liability Convention: Procedural Provisions2.2.4 The Liability Convention: An Assessment2.2.5 Liability in International Agreements on Cooperation in Outer Space: The Examples of the International Space Station and the Artemis Accords2.3 Third-Party Liability of the European Space Agency2.4 Liability in National Space Legislation2.4.1 The United States of America2.4.2 France2.4.3 Italy2.4.4 China2.5 How Legal Comparison Might Help to Improve and Update Space Liability Rules3 Space Contracts3.1 Contracts and Outer Space3.2 Uncertainty3.3 Cross-Waiver Clauses3.4 International Harmonisation of Space Contracts4 Securities in Outer Space4.1 Securities and the Space Industry4.2 Securities in the Context of Space Resources4.3 Securities in the Context of (Artificial) Space ObjectsSome Conclusions1 Towards a System of Private Law in Outer Space2 Reconnecting the Thread of the Investigation3 Legal Comparison as an Actual Tool for Peaceful Cooperation in Outer SpaceBibliographyIndex