No. 77: Approaching Harmonization: Examining the European Union’s Efforts to Create a Common EU Space Law and Assessing its Potential Legal Foundations

Details

Author(s):
  • Samantha Potter
Publish Date:
May 13, 2023
Publication Title:
European Union [EU] Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Samantha Potter, Approaching Harmonization: Examining the European Union’s Efforts to Create a Common EU Space Law and Assessing its Potential Legal Foundations, EU Law Working Papers No. 77, Stanford-Vienna Transatlantic Technology Law Forum (2023).
Related Organization(s):

Abstract

Russia’s invasion of Ukraine shattered conceptions of European peace and stability. The invasion forced European policy makers to reassess the EU’s independence and resilience in all domains, including outer space. One proposal, the European Union Space Strategy for Security and Defense, released on March 10th, 2023, calls for efforts to support a “common EU Space law” to strengthen Europe’s position in outer space. This paper examines the viability of such a proposal. It argues that while pursuing a harmonious EU space law has numerous policy benefits, from a legal perspective, a fully unified legal framework is currently unsupported. First, the paper examines the European space law landscape. It then explores the historical evolution of European space law, showing a trend toward increased activity and harmonization over time. Then, the paper identifies the common articles used to justify the expansive efforts in legalization before turning to access the suitability of each identified article as a legal basis for a common EU space law. Ultimately, no legal article alone is sufficient to form a foundation for a fully harmonious European space law. However, the continued use of the articles to address specific activity and, in conjunction with a series of non-binding measures, give the European Union powerful tools to encourage harmonization of outer space activities until an amendment to the founding treaties occurs.