The European Union Proposal for a Code of Conduct for Outer Space Activities

Author(s):  
Marcel Dickow

This chapter describes the main contents of the European Union (EU) Draft Code of Conduct for Outer Space Activities, Space Debris and Liability Convention. It is necessary and desirable for us to legislate more concretely the abovementioned draft Code of Conduct for Outer Space Activities so as to mitigate or remove space debris. In December 2008, the EU adopted a Draft Code of Conduct (EU Draft CoC) for outer space activities. On September 2010, the EU revised a second draft of the EU Code of Conduct for Outer Space Activities. The draft of the International Code of Conduct (the Code), dated March 31, 2014, was intended to be the subject of negotiations at the United Nations in New York from July 27-31, 2015. The code, a politically and not legally binding document, aims to establish some rules of good conduct for outer space activities. The author proposes the establishment of a new Asian-Pacific International and Environmental Monitoring Organization (tentative title) for prevention and mitigation of space debris.


Author(s):  
Piotr Kolczynski

This paper analyzes the current EU space strategy and confronts it with existing global challenges in the space sector. The ultimate aim of this research is to recommend a well-adjusted space policy for the European Commission to ensure effective and sustainable exploration and use of outer space for the benefit of all EU member-states. In order to draft the most efficient space policy, the uniqueness of Europe’s space sector is studied. This paper argues that the EU space policy has to focus on guaranteeing European autonomy in access and use of outer space. The author extensively analyzes the challenges and opportunities related to dynamic development of private space sector’s activities. Emphasis is made on the significance of symbiotic cooperation between the public institutions and private companies regarding mutual benefits. The paper concludes that it is the right time for the European Union to build a bold and prospective space policy.


2018 ◽  
Vol 40 ◽  
pp. 01007
Author(s):  
L. Bocs

After the Treaty of Lisbon the European Union has an exclusive and uniform competence regarding investment agreements within its common commercial policy. Yet the political events in 2016 showed that there are still many regional differences politically and economically, especially after the so-called Brexit and negotiations with the United States of America in relation to transatlantic trade and investment. Therefore, the aim of the research is to determine the legal framework and related problems for unified investment protection within the European Union. Using descriptive, logical and deductive methodology the paper establishes a juristic base consensus for trade and investment policies, concludes that so far those policies have been systemically neglected due to regional differences in economic development and accordingly suggests to unify and protect the common investment policies by using already existing regional judicial mechanisms of member states within a unified code of conduct.


Author(s):  
Emmanuel Sigalas

The European Union Space Policy (EUSP) is one of the lesser known and, consequently, little understood policies of the European Union (EU). Although the EU added outer space as one of its competences in 2009 with the ratification of the Lisbon Treaty, the EUSP roots go back decades earlier.Officially at least, there is no EUSP as such, but rather a European Space Policy (ESP). The ESP combines in principle space programs and competences that cut across three levels of governance: the supranational (EU), the international (intergovernmental), and the national. However, since the EU acquired treaty competences on outer space, it is clear that a nascent EUSP has emerged, even if no one yet dares calling it by its name.Currently, three EU space programs stand out: Galileo, Copernicus, and EGNOS. Galileo is probably the better known and more controversial of the three. Meant to secure European independence from the U.S. global positioning system by putting in orbit a constellation of European satellites, Galileo has been plagued by several problems. One of them was the collapse of the public–private partnership funding scheme in 2006, which nearly killed it. However, instead of marking the end of EUSP, the termination of the public–private partnership served as a catalyst in its favor. Furthermore, research findings indicate that the European Parliament envisioned an EUSP long before the European Commission published its first communication in this regard. This is a surprising yet highly interesting finding because it highlights the fact that in addition to the Commission or the European Court of Justice, the European Parliament is a thus far neglected policy entrepreneur. Overall, the development of the EUSP is an almost ideal case study of European integration by stealth, largely in line with the main principles of two related European integration theories: neofunctionalism and historical institutionalism.Since EUSP is a relatively new policy, the existing academic literature on this policy is also limited. This has also to do with the degree of public interest in outer space in general. Outer space’s popularity reached its heyday during the Cold War era. Today space, in Europe and in other continents, has to compete harder than ever for public attention and investment. Still, research on European space cooperation is growing, and there are reasons to be optimistic about its future.


Author(s):  
Rajeswari Pillai Rajagopalan

Outer space is once again facing renewed competition. Unlike in the earlier decades of space exploration when there were two or three spacefaring powers, by the turn of the 21st century, there are more than 60 players making the outer space environment crowded and congested. Space is no more a domain restricted to state players. Even though it is mostly a western phenomenon, the reality of commercial players as a major actor is creating new dynamics. The changing power transitions are making outer space contested and competitive. Meanwhile, safe and secure access to outer space is being challenged by a number of old and new threats including space debris, militarization of space, radio frequency interference, and potential arms race in space. While a few foundational treaties and legal instruments exist in order to regulate outer space activities, they have become far too expansive to be useful in restricting the current trend that could make outer space inaccessible in the longer term. The need for new rules of the road in the form of norms of responsible behavior, transparency and confidence building measures (TCBMs) such as a code of conduct, a group of governmental experts (GGE), and legal mechanisms, is absolutely essential to have safe, secure, and uninterrupted access to outer space. Current efforts to develop these measures have been fraught with challenges, ranging from agreement on identifying the problems to ideating possible solutions. This is a reflection of the shifting balance of power equations on the one hand, and the proliferation of technology to a large number of players on the other, which makes the decision-making process a lot problematic. In fact, it is the crisis in decision making and the lack of consensus among major space powers that is impeding the process of developing an effective outer space regime.


Sign in / Sign up

Export Citation Format

Share Document