The Human Rights Dimension of Space Activities: the Case of Satellite Communications

Anno
2018
Proponente Gianfranco Gabriele Nucera - Ricercatore
Sottosettore ERC del proponente del progetto
Componenti gruppo di ricerca
Abstract

The project aims to evaluate the impact of international human rights norms on the international rules concerning space activities. Both fields of law developed almost in parallel but seem to have many differences and few points of contact, such as the humankind-oriented approach.
Space law and human rights law have often been considered separately, as two different branches of international law without points of contact. However, human rights and space law are indissolubly linked to each other. Only a comprehensive approach can ensure such a development, in compliance with legal standards of contemporary international law.
Concerning the case of satellite communication, the right to information is of paramount importance, because it is a fundamental right essential for maintaining increasing and diffusing science and knowledge. It encompasses the right to seek, receive and impart information and ideas by any means and regardless of frontiers and provides specific legal restrictions concerning situation that represent vital interest of the State, incitement of war, or discrimination. There can be also derogation as those concerned the time of war or declaring public emergency, only to the extent justified by the exigencies of the situation.
The project deals with the compliance of international practice concerning transboundary communication satellite services (radio, television and the Internet) with international standards of the right to information and the criteria for its limitations and derogation. Furthermore, the research aims to identify trends towards a universal approach concerning the balancing between information via satellite, sovereignty of State and human rights.

ERC
SH2_4, SH2_5, SH3_12
Keywords:
DIRITTO INTERNAZIONALE, DIRITTI UMANI, DIRITTO DELLE NUOVE TECNOLOGIE, TECNOLOGIE DELL¿INFORMAZIONE E DELLA COMUNICAZIONE, NAZIONI UNITE

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