The entry of private companies into the space sector has posed a critical dilemma: can the “class... more The entry of private companies into the space sector has posed a critical dilemma: can the “classical framework” meet the needs of the new space economy? That said legal framework was conceived during the Cold War to prevent space from becoming a new arena of confrontation where, in the absence of any regulation, the two superpowers could have competed to occupy its resources (which would be considered
res nullius) or to militarise every corner of it. The application of the current legal regime may give rise to some inconsistencies from both an economic and a legal point of view. Given that Article XII Outer Space Treaty (OST) acknowledges that states can place facilities on celestial bodies, what if a chattel is permanently affixed to the land? Would it become common property or would it result in a violation of the freedom of access (Art. I OST) or of the appropriation prohibition (Art. II OST)? Also on the horizon, problematic inconsistencies may arise between the OST and national laws; the full exploitation of an asteroid, to the point of causing its destruction, may constitute appropriation, prohibited by Article II OST but allowed by the 2015 Space Resource Exploration and Utilization Act (which enables US citizens to use space resources). The aim of this paper is to analyse the weaknesses within the current framework, both from the economic point of view and from that of new space economy’s future sustainability, as well as to propose new legal solutions. Since private companies will be the leaders of such activity, a new paradigm of international space law will be proposed, in which the focus is no longer on nations but on private companies. Private enterprises would be placed at the centre of international space law and would assume the legal status of subjects of international law (a status only currently held by states), which in turn could bring about a new sense of innovation for other areas of international law. The relations between private companies and national agencies would also be organised on a private-contractual model that would facilitate the resolution of disputes, with the possibility of resorting to rapid compensation procedures. In this dual international/contractual model for future space activities, emphasis is also placed on the renewed effectiveness of international environmental law principles.
The quest for “infinity” of humans needs to keep climate change in mind. The current legal framew... more The quest for “infinity” of humans needs to keep climate change in mind. The current legal framework may discourage the development of the Mars settlements. If a company develops a facility, there may be a contrast with the freedom of access of Article 1, Outer Space Treaty. When a chattel is affixed to the land, it would become common property. Which regime could ensure legal certainty on Mars? An International Legal Trust System (ILTS) should be set up, which would be supervised by the United Nations Office for Outer Space Affairs (UNOOSA), as the main trustee. Specifically, when a company is interested making any operation, it will send a work plan to the UNOOSA. The plan of work shall be consistent with the legal parameters of economic and environmental sustainability; in case of lucrative sites, the company shall provide benefit-sharing. If the plan is approved, the country in which the company has been registered assumes the role of co-trustee, investigating if the national co...
Considering the worsening climate change, in the future outer space might be our last Noah’s Ark.... more Considering the worsening climate change, in the future outer space might be our last Noah’s Ark. Now, humans must look to space as an opportunity to support growing resource requirements. Asteroids are rich in metals, which could be transported back to Earth. Unfortunately, the existing international legal framework discourages investments in the space economy. Once an enterprise invests billions of dollars in discovering and developing a mining site, it cannot claim any ownership because of the non-appropriation principle stipulated in Article 2 of the Outer Space Treaty (OST). Thus, other entities could legally access and exploit the same resource without any participation in the initial financial investment, increasing the risk of potential conflict. Bearing this in mind, the question arises, which legal regime could ensure effective allocation of resources, avoiding a chaotic space race to acquire valuable assets? The aim of this research is to argue that the first two articles of OST should be amended, to set up an international legal trust system which would guarantee different kinds of rights, dependently on the nature of the celestial body. E.g., property rights could be preferable to a lease over asteroids, as they could be exploited to their disappearance. This proposed system would be led by the United Nations Office for Outer Space Affairs (UNOOSA), as the main trustee. The co-trustees would be the nations of the world. Prior to initiating any space activity, every entity would send a request to their national government. If all the legal parameters are respected, the nation would forward the operational request to the UNOOSA. In the case of acceptance, UNOOSA would record the permit on an international public registry. The country in which the company has been registered would investigate whether the activities of its national company are consistent with the permit. This would be the ordinary model. The extraordinary model would be when the applicant for the space activity is a state, then the trustee would be the UN. All lucrative activities would be subject to benefit-sharing. Finally, this research will demonstrate the valuable outcome of the International Legal Trust System and its advantages for all humankind. Private companies would rely on property rights, while the benefit-sharing could be used to finance the 17 Sustainable Development Goals adopted by the UN in 2015, which address peace, climate change, inequalities and poverty.
This paper will describe a broad self-supporting human Mars settlement created with and continuou... more This paper will describe a broad self-supporting human Mars settlement created with and continuously producing in-situ resources from the local Mars environment. The settlement makes use of automated processes to augment the human labor force and produces essential resources including food, water, power, clothing, consumer goods, vehicles, electronics and other machinery. Raw materials produced and able to be exported include, but are not limited in possibilities to, structural building materials, steel, glass, and plastics. In addition, structures have been fabricated using innovative 3D printing techniques and other advanced fabrication technologies. Only a minimum amount of key components are required to be imported from Earth to create the city state, and it will provide many useful exports back to Earth such as science results and intellectual property, which can be physically produced and sold on Earth to help continue funding the efforts. Finally, multimedia entertainment content will be produced and sent back to Earth to bolster public support of the city state, as well as landmasses of Mars will be approved and considered for interplanetary tourism purposes.
Starting from the framework provided by Articles 1, 2 and 9 of the 1967 Outer Space Treaty, we an... more Starting from the framework provided by Articles 1, 2 and 9 of the 1967 Outer Space Treaty, we analyze the role of guidelines in the mitigation and removal of space debris.
What are the limits of the current regulatory framework? Is it sufficient to prevent and contrast the issue?
The entry of private companies into the space sector has posed a critical dilemma: can the “class... more The entry of private companies into the space sector has posed a critical dilemma: can the “classical framework” meet the needs of the new space economy? That said legal framework was conceived during the Cold War to prevent space from becoming a new arena of confrontation where, in the absence of any regulation, the two superpowers could have competed to occupy its resources (which would be considered
res nullius) or to militarise every corner of it. The application of the current legal regime may give rise to some inconsistencies from both an economic and a legal point of view. Given that Article XII Outer Space Treaty (OST) acknowledges that states can place facilities on celestial bodies, what if a chattel is permanently affixed to the land? Would it become common property or would it result in a violation of the freedom of access (Art. I OST) or of the appropriation prohibition (Art. II OST)? Also on the horizon, problematic inconsistencies may arise between the OST and national laws; the full exploitation of an asteroid, to the point of causing its destruction, may constitute appropriation, prohibited by Article II OST but allowed by the 2015 Space Resource Exploration and Utilization Act (which enables US citizens to use space resources). The aim of this paper is to analyse the weaknesses within the current framework, both from the economic point of view and from that of new space economy’s future sustainability, as well as to propose new legal solutions. Since private companies will be the leaders of such activity, a new paradigm of international space law will be proposed, in which the focus is no longer on nations but on private companies. Private enterprises would be placed at the centre of international space law and would assume the legal status of subjects of international law (a status only currently held by states), which in turn could bring about a new sense of innovation for other areas of international law. The relations between private companies and national agencies would also be organised on a private-contractual model that would facilitate the resolution of disputes, with the possibility of resorting to rapid compensation procedures. In this dual international/contractual model for future space activities, emphasis is also placed on the renewed effectiveness of international environmental law principles.
The quest for “infinity” of humans needs to keep climate change in mind. The current legal framew... more The quest for “infinity” of humans needs to keep climate change in mind. The current legal framework may discourage the development of the Mars settlements. If a company develops a facility, there may be a contrast with the freedom of access of Article 1, Outer Space Treaty. When a chattel is affixed to the land, it would become common property. Which regime could ensure legal certainty on Mars? An International Legal Trust System (ILTS) should be set up, which would be supervised by the United Nations Office for Outer Space Affairs (UNOOSA), as the main trustee. Specifically, when a company is interested making any operation, it will send a work plan to the UNOOSA. The plan of work shall be consistent with the legal parameters of economic and environmental sustainability; in case of lucrative sites, the company shall provide benefit-sharing. If the plan is approved, the country in which the company has been registered assumes the role of co-trustee, investigating if the national co...
Considering the worsening climate change, in the future outer space might be our last Noah’s Ark.... more Considering the worsening climate change, in the future outer space might be our last Noah’s Ark. Now, humans must look to space as an opportunity to support growing resource requirements. Asteroids are rich in metals, which could be transported back to Earth. Unfortunately, the existing international legal framework discourages investments in the space economy. Once an enterprise invests billions of dollars in discovering and developing a mining site, it cannot claim any ownership because of the non-appropriation principle stipulated in Article 2 of the Outer Space Treaty (OST). Thus, other entities could legally access and exploit the same resource without any participation in the initial financial investment, increasing the risk of potential conflict. Bearing this in mind, the question arises, which legal regime could ensure effective allocation of resources, avoiding a chaotic space race to acquire valuable assets? The aim of this research is to argue that the first two articles of OST should be amended, to set up an international legal trust system which would guarantee different kinds of rights, dependently on the nature of the celestial body. E.g., property rights could be preferable to a lease over asteroids, as they could be exploited to their disappearance. This proposed system would be led by the United Nations Office for Outer Space Affairs (UNOOSA), as the main trustee. The co-trustees would be the nations of the world. Prior to initiating any space activity, every entity would send a request to their national government. If all the legal parameters are respected, the nation would forward the operational request to the UNOOSA. In the case of acceptance, UNOOSA would record the permit on an international public registry. The country in which the company has been registered would investigate whether the activities of its national company are consistent with the permit. This would be the ordinary model. The extraordinary model would be when the applicant for the space activity is a state, then the trustee would be the UN. All lucrative activities would be subject to benefit-sharing. Finally, this research will demonstrate the valuable outcome of the International Legal Trust System and its advantages for all humankind. Private companies would rely on property rights, while the benefit-sharing could be used to finance the 17 Sustainable Development Goals adopted by the UN in 2015, which address peace, climate change, inequalities and poverty.
This paper will describe a broad self-supporting human Mars settlement created with and continuou... more This paper will describe a broad self-supporting human Mars settlement created with and continuously producing in-situ resources from the local Mars environment. The settlement makes use of automated processes to augment the human labor force and produces essential resources including food, water, power, clothing, consumer goods, vehicles, electronics and other machinery. Raw materials produced and able to be exported include, but are not limited in possibilities to, structural building materials, steel, glass, and plastics. In addition, structures have been fabricated using innovative 3D printing techniques and other advanced fabrication technologies. Only a minimum amount of key components are required to be imported from Earth to create the city state, and it will provide many useful exports back to Earth such as science results and intellectual property, which can be physically produced and sold on Earth to help continue funding the efforts. Finally, multimedia entertainment content will be produced and sent back to Earth to bolster public support of the city state, as well as landmasses of Mars will be approved and considered for interplanetary tourism purposes.
Starting from the framework provided by Articles 1, 2 and 9 of the 1967 Outer Space Treaty, we an... more Starting from the framework provided by Articles 1, 2 and 9 of the 1967 Outer Space Treaty, we analyze the role of guidelines in the mitigation and removal of space debris.
What are the limits of the current regulatory framework? Is it sufficient to prevent and contrast the issue?
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Papers by Ivan Fino
res nullius) or to militarise every corner of it. The application of the current legal regime may give rise to some inconsistencies from both an economic and a legal point of view. Given that Article XII Outer Space Treaty (OST) acknowledges that states can place facilities on celestial bodies, what if a chattel is permanently affixed to the land? Would it become common property or would it result in a violation of the freedom of access (Art. I OST) or of the appropriation prohibition (Art. II OST)? Also on the horizon, problematic inconsistencies may arise between the OST and national laws; the full exploitation of an asteroid, to the point of causing its destruction, may constitute appropriation, prohibited by Article II OST but allowed by the 2015 Space Resource Exploration and Utilization Act (which enables US citizens to use space resources). The aim of this paper is to analyse the weaknesses within the current framework, both from the economic point of view and from that of new space economy’s future sustainability, as well as to propose new legal solutions. Since private companies will be the leaders of such activity, a new paradigm of international space law will be proposed, in which the focus is no longer on nations but on private companies. Private enterprises would be placed at the centre of international space law and would assume the legal status of subjects of international law (a status only currently held by states), which in turn could bring about a new sense of innovation for other areas of international law. The relations between private companies and national agencies would also be organised on a private-contractual model that would facilitate the resolution of disputes, with the possibility of resorting to rapid compensation procedures. In this dual international/contractual model for future space activities, emphasis is also placed on the renewed effectiveness of international environmental law principles.
to space as an opportunity to support growing resource requirements. Asteroids are rich in metals, which could be transported
back to Earth. Unfortunately, the existing international legal framework discourages investments in the space economy. Once
an enterprise invests billions of dollars in discovering and developing a mining site, it cannot claim any ownership because of
the non-appropriation principle stipulated in Article 2 of the Outer Space Treaty (OST). Thus, other entities could legally
access and exploit the same resource without any participation in the initial financial investment, increasing the risk of potential
conflict. Bearing this in mind, the question arises, which legal regime could ensure effective allocation of resources, avoiding
a chaotic space race to acquire valuable assets? The aim of this research is to argue that the first two articles of OST should be
amended, to set up an international legal trust system which would guarantee different kinds of rights, dependently on the
nature of the celestial body. E.g., property rights could be preferable to a lease over asteroids, as they could be exploited to
their disappearance. This proposed system would be led by the United Nations Office for Outer Space Affairs (UNOOSA), as
the main trustee. The co-trustees would be the nations of the world. Prior to initiating any space activity, every entity would
send a request to their national government. If all the legal parameters are respected, the nation would forward the operational
request to the UNOOSA. In the case of acceptance, UNOOSA would record the permit on an international public registry. The
country in which the company has been registered would investigate whether the activities of its national company are
consistent with the permit. This would be the ordinary model. The extraordinary model would be when the applicant for the
space activity is a state, then the trustee would be the UN. All lucrative activities would be subject to benefit-sharing. Finally,
this research will demonstrate the valuable outcome of the International Legal Trust System and its advantages for all
humankind. Private companies would rely on property rights, while the benefit-sharing could be used to finance the 17
Sustainable Development Goals adopted by the UN in 2015, which address peace, climate change, inequalities and poverty.
Raw materials produced and able to be exported include, but are not limited in possibilities to, structural building materials, steel, glass, and plastics. In addition, structures have been fabricated using innovative 3D printing techniques and other advanced fabrication technologies. Only a minimum amount of key components are required to be imported from Earth to create the city state, and it will provide many useful exports back to Earth such as science results and intellectual property, which can be physically produced and sold on Earth to help continue funding the efforts.
Finally, multimedia entertainment content will be produced and sent back to Earth to bolster public support of the city state, as well as landmasses of Mars will be approved and considered for interplanetary tourism purposes.
Drafts by Ivan Fino
What are the limits of the current regulatory framework? Is it sufficient to prevent and contrast the issue?
Springer by Ivan Fino
Books by Ivan Fino
res nullius) or to militarise every corner of it. The application of the current legal regime may give rise to some inconsistencies from both an economic and a legal point of view. Given that Article XII Outer Space Treaty (OST) acknowledges that states can place facilities on celestial bodies, what if a chattel is permanently affixed to the land? Would it become common property or would it result in a violation of the freedom of access (Art. I OST) or of the appropriation prohibition (Art. II OST)? Also on the horizon, problematic inconsistencies may arise between the OST and national laws; the full exploitation of an asteroid, to the point of causing its destruction, may constitute appropriation, prohibited by Article II OST but allowed by the 2015 Space Resource Exploration and Utilization Act (which enables US citizens to use space resources). The aim of this paper is to analyse the weaknesses within the current framework, both from the economic point of view and from that of new space economy’s future sustainability, as well as to propose new legal solutions. Since private companies will be the leaders of such activity, a new paradigm of international space law will be proposed, in which the focus is no longer on nations but on private companies. Private enterprises would be placed at the centre of international space law and would assume the legal status of subjects of international law (a status only currently held by states), which in turn could bring about a new sense of innovation for other areas of international law. The relations between private companies and national agencies would also be organised on a private-contractual model that would facilitate the resolution of disputes, with the possibility of resorting to rapid compensation procedures. In this dual international/contractual model for future space activities, emphasis is also placed on the renewed effectiveness of international environmental law principles.
to space as an opportunity to support growing resource requirements. Asteroids are rich in metals, which could be transported
back to Earth. Unfortunately, the existing international legal framework discourages investments in the space economy. Once
an enterprise invests billions of dollars in discovering and developing a mining site, it cannot claim any ownership because of
the non-appropriation principle stipulated in Article 2 of the Outer Space Treaty (OST). Thus, other entities could legally
access and exploit the same resource without any participation in the initial financial investment, increasing the risk of potential
conflict. Bearing this in mind, the question arises, which legal regime could ensure effective allocation of resources, avoiding
a chaotic space race to acquire valuable assets? The aim of this research is to argue that the first two articles of OST should be
amended, to set up an international legal trust system which would guarantee different kinds of rights, dependently on the
nature of the celestial body. E.g., property rights could be preferable to a lease over asteroids, as they could be exploited to
their disappearance. This proposed system would be led by the United Nations Office for Outer Space Affairs (UNOOSA), as
the main trustee. The co-trustees would be the nations of the world. Prior to initiating any space activity, every entity would
send a request to their national government. If all the legal parameters are respected, the nation would forward the operational
request to the UNOOSA. In the case of acceptance, UNOOSA would record the permit on an international public registry. The
country in which the company has been registered would investigate whether the activities of its national company are
consistent with the permit. This would be the ordinary model. The extraordinary model would be when the applicant for the
space activity is a state, then the trustee would be the UN. All lucrative activities would be subject to benefit-sharing. Finally,
this research will demonstrate the valuable outcome of the International Legal Trust System and its advantages for all
humankind. Private companies would rely on property rights, while the benefit-sharing could be used to finance the 17
Sustainable Development Goals adopted by the UN in 2015, which address peace, climate change, inequalities and poverty.
Raw materials produced and able to be exported include, but are not limited in possibilities to, structural building materials, steel, glass, and plastics. In addition, structures have been fabricated using innovative 3D printing techniques and other advanced fabrication technologies. Only a minimum amount of key components are required to be imported from Earth to create the city state, and it will provide many useful exports back to Earth such as science results and intellectual property, which can be physically produced and sold on Earth to help continue funding the efforts.
Finally, multimedia entertainment content will be produced and sent back to Earth to bolster public support of the city state, as well as landmasses of Mars will be approved and considered for interplanetary tourism purposes.
What are the limits of the current regulatory framework? Is it sufficient to prevent and contrast the issue?