Utko-Maslianyk Y. The legal aspects of cooperation between European Union member states in the field of space.

The dissertation is dedicated to a complex investigation of the legal aspects of EU member states cooperation in the field of space. It is devoted to the study of the international legal framework to address the cooperation of EU member states in the exploration and use of outer space. In particular, the notion of this cooperation, the implementation mechanisms, as well as the forms of EU member-states participation in the international intergovernmental organizations for space cooperation have been investigated. The author also determines the peculiarities of the implementation of the United Nations international agreements on space activities into the national space laws of the EU member states. The author provides a comprehensive analysis of the issues related to definition of genesis of the formation of European space policy as a new organizational and legal form of cooperation between EU member states, sources of its legal regulation, as well as the study of the institutional mechanism for its implementation. It has been argued that European Space Policy is a qualitatively new legal form of European cooperation which was created as a result of EU member states legal cooperation in the field of space. It can be defined as a special form of interaction among European Union, EU member states, and European Space Agency with a view of achieving scientific and technological progress, industrial competitiveness, and implementation of various EU policies. The author has suggested that the periodization of European Space Policy development has four periods: 1) the formation of international intergovernmental organizations on space cooperation in Europe, that has led to creation of the European Space Agency, the only international intergovernmental organization specializing in space in Europe (1960-1980); 2) the formation of the concept of European space policy through the adoption of first decisions by EU institutions (1980-2003); 3) the formation of the basic legal framework for EU cooperation with ESA (2000-2009); 4) the entry into force of the Lisbon Treaty, which contains specific provisions on the regulation of European space policy (2009 – until now). The system of sources of EU law which define the legal framework for the implementation of European space policy has been characterized and defined. It is proved that the legal regulation of European space policy is based on a clear system of sources: EU founding treaties, relevant EU secondary legislation and EU international treaties. It has been found that the institutional structure of the implementation of European space policy consists of three main elements: 1) EU institutions; 2) specialized agencies; 3) European Space Agency. The legal framework for EU-Ukraine cooperation as well as the legal basis for Ukraine’s participation in EU space programs have been analyzed.