The new EP Library Catalogue allows you to search the EP collection for:
- Journals, books and articles in paper or electronic format
- EPRS and Policy Department publications
Abstract: This introductory article to the special issue “EU Space Governance at the Threshold of a New Era” explores the European Union's evolving role as a strategic actor in space. It argues that the EU is undergoing a fundamental shift from a regulatory to a security‐oriented approach, driven by institutional consolidation, technological ambition, and geopolitical pressures—particularly following Russia's 2022 invasion of Ukraine. The article is divided into two parts. The first outlines key conceptual and institutional developments in EU space governance, including the emergence of hybrid governance models, the securitization of flagship programmes, and the launch of new initiatives such as IRIS 2 . The second part introduces the seven contributions to the special issue, which examine core themes such as dual‐use infrastructure, cybersecurity, environmental sustainability, industrial policy, and legal harmonization. Together, these articles provide a comprehensive and critical assessment of the EU's transition toward strategic autonomy in space. They highlight both the opportunities and constraints of this moment, offering insights into the governance choices that will shape Europe's space future.
Abstract: This article examines the evolving role of space within the European Union's (EU) Common Security and Defence Policy (CSDP), offering a unique perspective by linking the foundational “ESDP and Space” initiative of 2002–2003 to the 2023 “EU Space Strategy for Security and Defence” (EUSSSD). The 2002–2004 period marked a turning point, with institutional cooperation and strategic vision laying the groundwork for integrating space into EU security frameworks. However, subsequent years were characterised by stagnation, missed opportunities, and fragmented approaches, particularly after the Lisbon Treaty. The 2023 EUSSSD is presented as a pivotal opportunity for the EU to reclaim its strategic momentum in space security, driven by the urgency of current geopolitical realities such as the Russia-Ukraine war. The article highlights the persistent challenges of aligning civilian and military space capabilities and overcoming structural inefficiencies that have historically impeded progress. (…)
Abstract: The European Union's proposed Space Law aims to establish a unified approach for sustainable space activities across the EU. While the EU's satellite constellations contribute to sustainability efforts, they can also have negative environmental impacts. This article argues that to address the challenges of space environment sustainability and the impact of space activities on Earth's planetary boundaries (EPB), the EU Space Law should incorporate environmental impact assessments (EIA) and public‐private governance measures tailored for the space sector. The article examines potential interactions among EU space activities and existing legal frameworks, such as the outer space law regime, the EU's EIA Directive, and corporate social responsibility developments, including the Corporate Sustainability Due Diligence Directive (CSDDD). The analysis focuses on the relationship between the EPB approach and outer space activities, due diligence and strict liability in relation to intergenerational equity and future generations in international law, and the applicability of EIA and corporate governance to the emergent EU Space Law. The article emphasizes the importance of incorporating environmental and social considerations into the governance of space activities to protect outer space‐Earth complex system
Abstract: This paper introduces and analyses a novel framework composed of Space, Sustainability, and Regionalism (SSR), examining its relevance to space policy. The SSR framework is presented as a triangular model—an analytical construct that captures the interplay between space, sustainability, and regionalism, and enables systematic comparison of regional approaches. The paper validates the framework as a strategic model with examples from European space programmes, such as Galileo and Copernicus, demonstrating how regional cooperation can promote sustainability and technological ambition in space. Although recent geopolitical developments catalysed the adoption of a first EU Space Strategy for Security and Defence, this step outside the traditional civilian domain remains aimed at peaceful purposes and consistent with SSR principles. These shifts in power dynamics and strategic thinking reinforce the value of a normative basis for space policy that prioritises cooperation and sustainability.
Abstract: An inherent divide features within the Lisbon Treaty between civilian and military/security competences; something previously more obvious via the ‘pillar system's’ separations. This division follows the Member States (MS) (natural) protection of their military/defence autonomy; their core sovereign powers. Such powers are thus not conferred upon the Union. This constitutes a fundamental challenge for EU space governance, because space assets are, overwhelmingly, ‘Dual‐Use’ assets: with clear civilian and military applications simultaneously. This entanglement, paired with aforementioned differences in conferred competence, makes EU actions in the area of space activities problematic. The restrictive EU legal bases for space activities reflect this. This is exacerbated by the little CJEU case law regarding Dual‐Use systems that is near‐absolutist in nature. The CJEU interprets any Dual‐Use item except specifically for the most narrow/exclusive military use as ‘civilian’; EU competence applies to the greatest extent possible. Application of this legal theory to space assets would exacerbate MS' concerns. A solution may lie in emerging international legal discussions and norms, some of which make a far more nuanced differentiation between different types of Dual‐Use assets. Through application of these principles, the EU may be more able to produce a pragmatic solution to its Dual‐Use conundrum.
Abstract: The primary objective of this paper is to underscore the paramount importance of universal technical safety standards as a cornerstone of space law, consistent with the imperatives of safety and sustainability. The absence of such standards has already had detrimental effects, as evidenced by cases of forum shopping by certain space operators. Consequently, coherent technical safety standards should be universally applicable, transcending the distinction between civil and military operations in the field of space activities. Universal safety standards should be promoted, maintained and adapted by a globally recognised body such as ICAO. This is in line with the postulates of the working group that drafted the "Montreal Recommendations on Aviation Safety and Uncontrolled Space Object Re-entries" (published by OSI, Canada). Such an approach has obvious advantages in terms of strengthening the risk management culture within the space industry and the whole space ecosystem, such as the financing and insurance of space activities. (...)
Abstract: Artificial intelligence (AI) is increasingly embedded in space systems, from spacecraft autonomy to data processing, raising regulatory issues around risk assessment, safety certification, and accountability. The EU AI Act, one of the first comprehensive regimes, adopts a risk-based approach with stricter rules for 'high-risk' applications. This article examines its implications for the global space industry, asking whether space infrastructure could be deemed 'critical infrastructure' under EU law and thus classified as high-risk, with consequent controls and obligations. The article analyses provisions relevant to space, including defence and scientific-research exceptions, and highlight ambiguities over the inclusion of space infrastructure. Noting the Act’s limited space-specific guidance, the paper argues for context and use-case specific assessment frameworks. High-risk designations should be based on concrete evidence of criticality, not broad definitions, and require sustained dialogue between space actors, regulators, and experts
Abstract: This paper aims to connect innovation procurement (IP) in Europe, particularly in relation to mission-oriented innovation and the Sustainable Development Goals, with an analysis of the space sector, especially in view of the direction recently taken by the European Union (EU), the interactions between public and private actors, new competitive dynamics, and economic planning in this field. The analysis begins by introducing the new EU space programme and examining the principles that underpin it, with particular attention to the available financial instruments. It will then present critical analyses on two fronts. On the one hand, it will argue that the space sector serves as a prime testing ground for IP. Public sector-driven innovation is expected to have a considerable impact on the growth and development of the European economy. On the other hand, it will offer some critical remarks concerning the inherently ‘innovative’ role of public procurement in shaping the future of European space policies, given the latest market and geopolitical dynamics. The paper will conclude with an examination of concrete cases: the development of the IRIS2 infrastructure and a procurement case-law involving the new EU Agency for the Space Programme (EUSPA).
Abstract: For two decades, there has been an ongoing debate in the European Union (EU) on how to link space programmes with its security and defence policy and how to translate words into action. This article examines the approaches proposed by two interesting contributions to this debate. The first has been put forward by the EUISS and proposes a top-down institutional approach taking advantage of the opportunity provided by the EU's “Strategic Compass” process on security and defence. Thus, the case of a dedicated “EU Space and Defence Strategy” to be established is proposed. The second approach has been put forward by the French ARES Group and argues that a bottom-up approach can enhance a common strategic view better than top-down declarations
Abstracts: Since the end of World War II, outer space has been an arena in which both high and low politics have played out, and both the US and Europe have been heavily invested. This article examines the case study of space exploration as a window into the evolving nature of the transatlantic relationship. With the US government regularly deprioritizing Europe in its foreign policy and at times taking the transatlantic relationship for granted, the author argues that transnational and non-state actors have played an important role in maintaining the stability of the alliance. In terms of space, this means that the space community—space agencies, private actors, space enthusiasts, engineers, and scientists, among others—often enable transatlantic cooperation despite initial conflictual rhetoric stemming from political leaders. Importantly, while these transnational or non-state actors tend to view space as a peaceful domain for all of humankind, governments and militaries often treat space as the next battlefield. To support this argument, the article considers two major transatlantic space developments: the US’s Space Force, which reflects a US desire to be dominant in space, and Europe’s Galileo satellite system, which reflects a European goal to have strategic autonomy from the US. The author argues that the idea that space should be a peaceful domain for all of humankind is more strongly reflected in outcomes, despite the presence of conflictual, militaristic rhetoric.
Abstract: Throughout the history of the astronautic development, one of the key principles of international space law has always been the principle of international cooperation between States. The States jointly, although sometimes in conditions of competition or in a tense geopolitical situation, systematically moved towards the development of space science and technology, and the exploration of outer space for the benefit of all mankind. To succeed in this difficult task, the principle of information sharing has always served as an assistance to the principle of international cooperation. A striking example of how the two outlined principles are applied is the protection of the International Space Station against a possible collision with space debris. As a number of States consider exploring more celestial bodies and deep space, the importance of the principles of international cooperation and information sharing is increasing. This article focuses on these principles and their complementary roles. The first part of the article provides a retrospective analysis of the principle of international cooperation and the manner in which it is enshrined in international law, including international space law. The second part explores the principle of information sharing as a particular example of the principle of international cooperation. The conclusion of the article is that in current conditions, there is an increasing need for strict adherence to the designated principles for the realization of space activities in general as well as ensuring its safety and efficiency
Abstract: Developing activities in outer space, many driven by private actors, coincide with the resurgence of competing systems of world public order. An authoritarian bloc, led by China and Russia, promotes a competing world order based on values, including authoritarian capitalism, that differ greatly from the liberal rules-based public order led by the United States. In the space arena, interactions are complicated by two changing circumstances: the divergence between two frameworks, the U.S.-led Artemis program and the Chinese-Russian program; and the obsolescing of applicable norms due to technological innovation, changing participants, and increasing disputes. These developments require reevaluating paths toward securing minimum and optimum orders in space. Predominant legal scholarship for space, however, has approached emerging claims and negative externalities in space from the perspective of "law," as a body of rules, rather than as a field of "governance." Such an approach fails to appreciate the international lawmaking process and overestimates the authority, control, and endurance of applicable norms. This article proposes that under modern circumstances, it is preferable to detach from "space law" for a "space governance" mode of thinking based on policy-oriented jurisprudence. (…)
Abstract: This article analyses the origins and development of the relationship between the European Space Agency (ESA) and the EU space program as separate, but related processes of European integration. For over fifty years the ESA has been separate from the EU institutionally despite having nearly all of the same Member States, and its role in uniting European countries in a common outer space endeavour has been significant. The ESA embraces the motto ‘United Space in Europe’. The EU’s interest in space has only emerged in the last twenty years, but has grown rapidly. As such, space has become a case of informal (i.e., outside of EU structures) differentiated integration. While it may be easy to assume that the ESA is outside of EU structures because Member States have wanted to keep space policy intergovernmental, the author argues that fundamentally different ideas about the role and use of space between the EU and the ESA have been the main, underlying driver. A long-standing spaceflight idea – mainly, the peaceful use of space for all of humankind – is embedded in the ESA’s DNA, while this is not the case for the EU (This article is an output of the EUFLEX project, which has been funded by the Research Council of Norway.
Abstract: In this article, we analyse the deterrence relationship between NATO and China in the space domain. As the alliance's newest operational domain, NATO remains heavily dependent upon its nation states’ space assets. At the same time, China is developing advanced counterspace capabilities designed to exploit this dependency by holding NATO members’ space assets at risk. We argue that NATO deterrence in the space domain is hampered by internal reliance on US patronage in space. This is evident in the lack of intra-alliance burden sharing in space, as well as the lack of clear transatlantic unity in how to approach space at a strategic level. We propose steps to strengthen NATO deterrence in space vis-à-vis China. Particularly, increased burden sharing in space through inter-operable capabilities and strategic coherency between Europe and North America on defence in the space domain would bolster both capability and resolve for NATO's deterrent in space.
Abstract: The purpose of this work is assessing the impact of the Italian Space Agency (ASI) on the performance of the Italian space stakeholders through three specific policies, i.e. public procurement, public investment in Earth observation, and collaboration with the scientific community. This article explores multiple surveys targeting upstream and downstream companies, universities, and research centres in the space economy to estimates the cost-benefit ratio. We find that the socio-economic benefit of ASI policies is positive and, when considering upstream companies and downstream intermediate users in the field of Earth observation (EO), the impact is particularly high in the EO sector. The surveys show evidence of a positive effect of public procurement and EO data on the Italian space economy, both in terms of innovation and economic performance. Finally, we observe a significant impact of ASI also on the scientific community.
Abstract: Space sector systems enable numerous critical functions and are often integrated into existing telecommunications infrastructure to enhance network connectivity coverage and capacity. Amid escalating cyber threats, this paper examines the application of international law to cyber operations targeting space infrastructure, addressing a critical gap in discourse. While declarations by global entities affirm the applicability of international law to cyberattacks, the complexities of cyberspace, compounded by the unique aspects of space infrastructure, pose challenges in implementation. Recognizing the absence of global cyber law and a lack of customary international law regarding cyber operations on space infrastructure, this study provides one of the first legal examinations via case analysis of cyberattacks on space infrastructures, both terrestrial and orbital, through the lens of international humanitarian law, the law of armed conflict, and outer space law. This paper adopts a comprehensive approach, considering perspectives from differing national stances as we review three main principles of international law: the general principle of sovereignty, the prohibition of intervention, and the prohibition of the use of force. Based on our analysis of three hypothetical but realistic cyber operation scenarios, international law can apply to cyberattacks on space infrastructure, and violations can occur if all conditions of a given law are met and attribution can be made to a state actor. (…)
If you are unable to access the article you need, please contact us and we will get it for you as soon as possible.
| Data Protection Notice | Cookie Policy & Inventory |
 |
|
 |
Journals on all devices |
Search the EP Library Catalogue |
Newspapers on all devices |