Fabio Tronchetti

Fabio Tronchetti is an Associate Professor of Law at the School of Law of the Harbin Institute of Technology, People’s Republic of China, where he also serves as Director of the International Law Department. Since January 2014 he works as an Adjunct Professor of Comparative National Space Law at the the School of Law of the University of Mississippi, United States. Earlier in his career he was Lecturer and Academic Coordinator at the International Institute of Air and Space Law, Leiden University, the Netherlands. Professor Tronchetti is regularly invited to give lectures at several European and Chinese Universities, including the Cologne University (Germany), the Leiden University (the Netherlands) and the Beihang University (Beijing, China) and has participated as a speaker at numerous international conferences. Prof. Tronchetti’s scholarly is primarily in the areas of international space law and public international law. His publications include two books and more than 20 articles in internationally peer-reviewed space law and policy journals, such as Space Policy, the German Journal of Air and Space Law, the Journal of Space Law, etc. He holds a PhD in International Space Law (Leiden University) and an Advanced LL.M in International Relations (Bologna University, Italy). He is Member of the International Institute of Space Law (IISL), European Centre for Space Law (ECSL), and the Asian Society of International Law (ASIL). He is the recipient of the 2007 Diederiks-Verschoor award for the best paper submitted by an author not older than 40 years to the International Institute of Space Law (IISL) during the 58th International Astronautical Congress of the International Astronautical Federation (IAF).https://commons.erau.edu/stm-images/1076/thumbnail.jp

Fundamentals of space law and policy

Presents and addresses key space law and policy issues for the benefit of wider informed audiences that wish to acquaint themselves with the fundamentals of the space law field. This brief analyzes in a concise manner the combined influence of space law and policy on international space activities. Read in conjunction with the other books in the Springer ‘Space Development’ series, it supports a broader understanding of the business, economics, engineering, legal, and procedural aspects of space activities. This book will also give the casual reader as well as experts in the field insight on present and future space law and policy trends, challenges and opportunities

Constructing a Regulatory Regime for the Exploitation of Resources on the Moon and Other Celestial Bodies: A Balancing Act

Law can be both a catalyst and consequence of technological change. Nowhere is this fact more clear than in the realm of space law. Man’s initial ascent to space was manifested not only through scientific discovery, but also through legal innovation, as both a means of keeping up with and shaping the use of outer space. During the initial period of space exploration, legal norms were developed in a world of state actors, designed to promote the continued peaceful use of space and to prevent claims of dominion or sovereignty. Since that time, further technological development and shifts in economic ideologies have shifted the focus from government-based exploration to private entity-based exploitation, particularly with respect to the moon and other celestial bodies. This article evaluates the legal landscape in outer space. Interested parties maintain three legal positions in relation to the exploitation of extraterrestrial resources located on such bodies. The first holds that we need to revisit space law in order to create the legal certainties required to harness the innovatory capabilities of the private sector, citing the need for real property rights to successfully achieve this end. The second, asserted by an increasing number of “entrepreneurs”, claims that space law does not prevent private citizens from claiming ownership of extraterrestrial real estate. While these claims are bogus, attempts at enforcement and a growing belief in their validity may retard the development of legitimate commercial ventures. The third position, principally held by developing states, is the benefits derived from extraterrestrial resources should be shared by all, and that a mechanism for the equitable redistribution of such benefits needs to be put in place. The article argues that the current regime is largely adequate to deal with issues of outer space. However, the law is unclear in relation to the level of resource extraction permitted by the Outer Space Treaty. It further argues that, while the issue is not imperative, this situation is undesirable in the long term, and examines past controversies in outer space law to determine an ideal path towards the resolution of the issue

The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies

The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the ‘Moon Agreement’, hereinafter MOON) is the fifth international agreement negotiated under the auspices of the United Nations concerning human activities in outer space. It was adopted on 5 December 1979 by the Resolution 34/68 of the United Nations General Assembly (UNGA), opened for signature on 18 December 1979 and entered into force on 11 July 1984. Although adopted in 1979 by consensus in UNCOPUOS and then as a resolution in the UN General Assembly, it has not attained widespread support among major space-faring States nor in the broader international community. Even if one takes into account that the limited financial and practical realistic possibility for many countries to participate in a Moon mission, the interest in this treaty could derive from its general advantages. To date, only 15 States have ratified the treaty which is much lower than the number of States Parties of the other UN space treaties which is currently in the order of 50 to 100