References of "Salmeri, Antonino 50034760"
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See detailThe Integration Between National and International Regulation of Space Resources Activities Under Public International Law
Salmeri, Antonino UL

in Journal of Space Law (2019), 43(1), 60-85

In light of the current tendency of regulating space resources activities through national legislation, this article addresses the validity of such emerging practice under Public International Law (PIL ... [more ▼]

In light of the current tendency of regulating space resources activities through national legislation, this article addresses the validity of such emerging practice under Public International Law (PIL). To this end, the article first recalls the traditional debate between Monism and Dualism about the relationship between municipal and international law. This analysis is further completed by focusing also on the counter-position between two cornerstones of PIL, the principles of State sovereignty and Pacta Sunt Servanda. Next, the article assesses the exposure of national law “integrating” international law, focusing on ex post conflicts between the two sources as regulated by Article 27 of the Vienna Convention on the Law of Treaties. Accordingly, the article will show that States not willing to adapt their national laws will have to face international responsibility under the Draft Articles on State Responsibility for Internationally Wrongful Acts. Based on the above, the article then presents the related legal consequences, both at the international and national levels. Finally, the article closes by assessing the role of interpretative declarations and the defense of persistent objector as possible legal tools for dissenting States. [less ▲]

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See detailHouston We Have a Law. A Model for National Regulation of Space Resources Activities.
Salmeri, Antonino UL

in Proceedings of the 70th International Astronautical Congress 2018 (2019, October)

The field of space resources activities is rapidly maturing, but we still do not have a legal regime able to cope with such development. The United Nations Committee on the Peaceful Uses of Outer Space ... [more ▼]

The field of space resources activities is rapidly maturing, but we still do not have a legal regime able to cope with such development. The United Nations Committee on the Peaceful Uses of Outer Space finally started to debate whether commercialization of space resources is permitted under current international space law only in 2018, and yet declaring that space resources activities are lawful is barely the start. In fact, the real challenge is how to regulate them in light of the obligations set forth in international space law, without jeopardizing their economic convenience. The present paper addresses precisely this question by presenting a draft law redacted in articles, coupled with a comprehensive explanatory note. Inter alia, the paper introduces a new “space resources activities” license and proposes a detailed authorization regime based on the grant of priority rights limited in size, number and time extension. Based on the above, the paper concludes praising the importance of domestic regulation of space resources activities, when based on the same language and spirit of the OST and coordinated through mutual recognition. [less ▲]

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See detailA Way Forward. Regulating New Space Activities Through Multi-Stakeholder Adaptive Governance
Salmeri, Antonino UL

in Proceedings of the XXV International Congress of the Italian Association of Aeronautics and Astronautics (2019, September)

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See detailBack to the Moon: Legal Challenges for Future Lunar Exploration
Salmeri, Antonino UL

in 61st IISL COLLOQUIUM ON THE LAW OF OUTER SPACE (2019)

In the light of the recently renovated interest in returning humans to the Moon, this paper addresses the main legal challenges related, with the goal to show practical solutions under the current system ... [more ▼]

In the light of the recently renovated interest in returning humans to the Moon, this paper addresses the main legal challenges related, with the goal to show practical solutions under the current system of international space law. In order to do so, the paper first presents an overview of current lunar exploration programs, arguing that public and private missions raise different challenges and thus require specific models. Following, it accordingly assesses possible legal solutions for the regulation of these programs. On the one hand, States’ exploration programs may be governed by a revised version of the Intergovernmental Agreement already concluded for the International Space Station. On the other hand, private activities could be better organized relying on Articles VI-IX OST as integrated by a new UNGA Resolution, ad hoc bilateral agreements and specific provisions in national space legislations. Finally, the paper concludes underlining the importance of international cooperation as the key to ensure the peaceful use and exploration of outer space. [less ▲]

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See detailSpace Law at Unispace +50: Consequences and Future Perspectives
Salmeri, Antonino UL

Report (2019)

Report of IISL Session E7.4 on the occasion of the 69th International Astronautical Congress,

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See detailBack to the Moon: Legal Challenges for Future Lunar Exploration
Salmeri, Antonino UL

in Proceedings of the 69th International Astronautical Congress 2018 (2018, October)

This paper addresses the main legal challenges related to future human exploration of the Moon, with the goal to show possible solutions. In order to do so, it first presents an overview of current lunar ... [more ▼]

This paper addresses the main legal challenges related to future human exploration of the Moon, with the goal to show possible solutions. In order to do so, it first presents an overview of current lunar exploration programs, arguing that public and private missions raise different challenges and thus require specific models. Following, it accordingly assesses possible legal solutions for the regulation of these programs. On the one hand, States’ exploration programs may be governed by a revised version of the Intergovernmental Agreement already concluded for the International Space Station. On the other hand, private activities could be better organized relying on Articles VI-IX OST as integrated by a new UNGA Resolution, ad hoc bilateral agreements and specific provisions in national space legislations. Finally, the paper concludes underlining the importance of international cooperation as the key to ensure the peaceful use and exploration of outer space. [less ▲]

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See detailThe Regulation of Space Resources Activities Between National and International Law
Salmeri, Antonino UL

Book published by Leiden University (2018)

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See detailThe 50th Anniversary of the Rescue and Return Agreement: Relevance and Challenges
Salmeri, Antonino UL

Report (2018)

Report of the IISL/ECSL Symposium on the occasion of the 57th Session of the UNCOPUOS Legal Subcommittee, 2018 Proceedings of the IISL

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