The UNIDROIT Draft Of A Space Assets Protocol - A Civil Law Instrument Under A Public Framework

Paper number

IAC-08.E8.1.11

Author

Dr. Bernhard Schmidt-Tedd, DLR, German Space Agency, Germany

Coauthor

Mrs. Isabelle Arnold, DLR, German Space Agency, Germany

Year

2008

Abstract

Further to the adoption of the UNIDROIT Convention on International Interests in Mobile Equipment, the UNIDROIT Space Asset Protocol has been under discussions for several years and addresses the question of the regulation of the financing of space activities. In this matter, international private law only brings limited solutions and the adoption of a uniform international regime will serve legal certainty and support private financing. Until now, consensus has not been achieved in all elements of the Protocol. Particular difficulties arise from the fact that the issue is at a crossroads between civil law financing instruments and the international regulation of space activities. This paper addresses the legal issues resulting from this interdependency.

The Protocol addresses the specific difficulty arising from the location of the assets in space, implying limited access and only indirect possession. This leads to the question of the identification of space assets, in particular as far as the registration of International Interests is concerned. This civil registration shall not impair the public register maintained by the Secretary-General of the United Nations, which is the baseline for an extension of the State’s jurisdiction and control. A transfer of ownership in the case of the implementation of the remedies foreseen for the debtor’s default under the Protocol might have an impact on the rights related to the object and lead to new licence requirements. 
A limitation of the remedies might also be examined, since their implementation might affect the launch while the Launching State remains liable. The purpose of the analysis is to provide solutions within the framework of the existing legal regime without narrowing more than it is necessary the scope of application of this civil law instrument. 

Abstract document

IAC-08.E8.1.11.pdf

Manuscript document

IAC-08.E8.1.11.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.