Thursday, 8 May 2025 (13:15 to 14:00)
Italy Mr. Sergio Marchisio
MATEJ SIGET, UNOOSA, Moderator: What are the main benefits to assist emerging spacefaring nations with drafting/revising/implementing national space laws and policies?
SERGIO MARCHISIO, Sapienza University of Rome: Thank you for giving me the floor. I would answer to your questions in the light of the experience that Italy had as a donor country in the UNOOSA Global Space Law Project and of the considerations of AMAL LAYACHI , CRTS, on Morocco as a beneficiary.
A Case in Point: TAM to Morocco
The Italy-UNOOSA collaboration has been an exemplary initiative of partnership within the programme the “Space Law for New Space Actors ”. In 2023, this partnership – through the Sapienza University’s Outer Space Law (OSL) Team and the Italian Space Agency – provided expert and financial support to assist emerging nations in developing future-ready space legislation grounded in sustainability and international obligations.
The Rabat Technical Advisory Mission (TAM)
Held on September 26, 2024, in Rabat, Kingdom of Morocco, the Technical Advisory Mission marked a step in Morocco’s journey toward establishing a comprehensive national space law. Moroccan authorities presented an overview of the country’s space priorities, including satellite communications, positioning, remote sensing, meteorology, astronomy, and technological development.
The TAM enabled :
High-level legal dialogue and analysis of the core principles embedded in the UN space treaties.
Awareness building around the importance of national legislation for ensuring that private space activities remain under state supervision and regulatory oversight.
Discussions on legal strategies to drive innovation, economic growth, and space industry development, alongside financial and governance models suited to emerging space nations.
Lat but not least, we experienced in Rabat an unforgettable sentiment of cooperation and friendship.
Recognition and Impact
The success of the Rabat TAM was formally recognized through an Exchange of Letters between UNOOSA and Italy’s Permanent Mission to the United Nations in Vienna. Sapienza’s OSL Team was commended for its leadership in advancing Morocco’s legal capacity and promoting international cooperation in space governance.
A Shared Responsibility
The Rabat TAM exemplifies the enduring commitment of UNOOSA, Morocco, and Italy to advancing inclusive, responsible space governance.
Back now to the question: More on the TAM’s topics
As access to outer space becomes increasingly democratized, a growing number of nations – particularly from the Global South – are developing their own space capabilities. In this rapidly evolving landscape, offering legal and policy support to these emerging space actors is more than a technical service – it is a strategic and ethical imperative. Such efforts foster shared benefits for both supporting and recipient nations, while advancing the vision of a stable, inclusive, and sustainable space environment.
A general answer is that by helping new spacefaring countries craft sound national space laws and policies, we ensure that their entry into the space domain is responsible, aligned with international norms, and conducive to long-term global cooperation.
Below are key reasons why this support is essential:
1. Legal Clarity and International Alignment
One of the most critical benefits of legal support lies in helping nations establish clear, coherent legal frameworks that are consistent with international space law. New entrants must navigate a complex legal environment shaped by the United Nations space treaties – most notably, the Outer Space Treaty of 1967.
Expert guidance enables:
The identification of the key elements for crafting a national space legislation in line with the character of the national space ecosystem, with the national goals and needs and the overall strategic objectives of the country.A deeper understanding of obligations such as state responsibility, liability, registration of space objects, and the peaceful use of outer space.Integration of modern principles addressing challenges like space traffic management, debris mitigation, and private sector involvement – commonly referred to as the “New Space” economy.The development of a national space ecosystem rooted in best practices and aligned with global norms.
These legal foundations are essential to preserving the long-term sustainability of space activities for all.
2. Fostering Investment and Innovation
A robust legal framework also creates a predictable and transparent environment that builds confidence among domestic and international investors, start-ups, and established industry players. This legal certainty is crucial for attracting foreign direct investment, stimulating public-private partnerships, and supporting the growth of resilient national space sectors.
3. Strengthening International Cooperation
When national legislation aligns with international norms, it reinforces the global rule of law in space.
This alignment:
Enhances the consistent application of legal principles across jurisdictions.
Encourages bilateral and multilateral cooperation among both new and established space actors.
Opens avenues for collaboration in science, technology, capacity-building, and data-sharing, contributing to the peaceful use and exploration of outer space.
4. Capacity Building and Development
Legal and policy support plays a pivotal role in achieving broader national development goals.
It:
Stimulates local expertise in legal, policy, scientific, and engineering fields.
Encourages interdisciplinary education and innovation.
Delivers socio-economic benefits through satellite applications in agriculture, disaster response, environmental monitoring, and communications.
Furthermore, building legal capacity empowers emerging nations to participate meaningfully in international forums, helping shape the future of space governance.
5. Reflecting on Established Legal Frameworks
Supporting emerging space actors also provides an opportunity for established spacefaring nations to reflect critically on their own legal and regulatory systems. The process of advising others often reveals tensions between national interests and international obligations, highlights gaps in enforcement mechanisms, and underscores the challenge of regulating rapidly evolving commercial activities.
These shared experiences compel us to ask: Are our existing legal frameworks truly fit for purpose in an increasingly crowded and competitive space domain? Can they adapt to the dynamic nature of space technologies and business models? Are they promoting sustainability?
Lessons from the TAM Experience
Some key takeaways from the Rabat Mission include:
Tailored Approaches : Support initiatives must be adapted to the unique characteristics of each country’s space ecosystem.Legal Certainty : Predictable, coherent regulations are vital for ensuring compliance and attracting investment.International Collaboration: Exchanging best practices strengthens legal frameworks and fosters collective learning.Integration with National Goals: Space activities must be woven into broader national development strategies in education, research, and economic advancement.
On a personal note , I consider it a profound honor to have contributed to this mission in Morocco with my OSL Team of the Sapienza University of Rome, Gianfranco Nucera, Pierfrancesco Breccia, Maria Vittoria Prest. It allowed us to apply our expertise in a meaningful way and reaffirmed our belief that legal and ethical governance is essential to keeping outer space a domain of peace, cooperation, and shared benefit – for all humankind, today and for generations to come.
