THE UNIDROIT DRAFT OF A SPACE ASSETS PROTOCOL A CIVIL LAW INSTRUMENT UNDER A PUBLIC FRAMEWORK

摘要

Further to the adoption of the UNIDROIT Convention on International Interests in Mobile Equipment, the UNIDROIT Space Assets 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 might 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 cross road between civil law financing instruments and the international regulation of space activities. This paper addresses the legal issues resulting from this independency.The Protocol addresses the specific difficulty arising from the location of the assets in space, implying limited access and ownership. 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 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 impact 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.