The Normative Implication of UNIDROIT Space Protocol for Corpus Juris Spatialis: Revolutionary or Evolutionary?

Paper number

IAC-12,E7,1,15.p1,x14597

Author

Ms. Rong Du, The University of Hong Kong, Hong Kong

Year

2012

Abstract

The (Draft) Protocol to the Convention on International Interests in Mobile 
Equipment on Matters Specific to Space Assets (“Space Protocol”) stands as the first 
endeavor to secure interests of  the private space sector on the international level. By 
unifying the rules on creation, perfection and enforcement of the security interests on 
space assets, it will facilitate and endorse asset-based  financing pattern in the 
commercial space sector and eventually further the commercialization process. 
 
Due to the specialty of space assets and the complicated scenario of space 
commercialization, the drafting process of Space Protocol is quite long and  has 
encountered many difficulties. The “revolutionary” side of Space Protocol is that 
states are called upon to reconcile the possibility of enforcing security interests on 
space assets and the necessity of maintaining effective regulatory oversight over 
national space activities in implementing the Space Protocol. It led to numerous 
discussions on the necessity of drafting Space Protocol and proposals for the drafting 
of the key provisions.   
 
While the necessity of drafting Space Protocol is an open question, this article intends 
to explorer how this private space treaty  would  shed a light on the corpus juris 
spatialis  from the normative perspective. The analysis will focus on the three 
outstanding issues in the enforcement of security interests on space assets: (i) transfer 
of intangible rights; (ii) defining “public service” and establishing due procedure; (iii) 
coordination on change of jurisdiction. 
 
The hypothesis of this article is that, as the full potential of Space Protocol is to be 
gradually recognized and realized in the commercialization process, Space Protocol 
will motivate states to develop a common “margin of appreciation” for commercial 
space interests and contribute to the harmonization of legislative initiatives in national 
laws of participating states. So this “revolutionary” effort will eventually be 
transformed into the new driving forces in the “evolution” of corpus juris spatialis.

Abstract document

IAC-12,E7,1,15.p1,x14597.brief.pdf

Manuscript document

(absent)