Russia’s invasion of Ukraine shattered conceptions of European peace and stability. The invasion forced European policymakers to reassess the European Union’s (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 10, 2023, calls for efforts to support a “common EU Space law” to strengthen Europe’s position in outer space.

This Note 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, this Note 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, this Note identifies the legal articles from the EU’s founding treaties used to justify more expansive efforts in space legalization. Finally, it assesses 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 identified articles continued use to address specific space activity and, in conjunction with a series of non-binding measures, give the EU powerful tools to encourage harmonization of outer space activities until an amendment to the founding treaties occurs.

Continue Reading “Approaching Harmonization: Examining the EU’s Efforts to Create a Common EU Space Law and Assessing its Potential Legal Foundations“