The dissertation is devoted to a comprehensive theoretical and legal study of
the private law regulation of space activities in the context of the commercialization
of outer space and the development of the NewSpace concept.
The study examines the transformation of modern space law from a
predominantly interstate system of international legal regulation into a multi-level
hybrid regulatory model within which private law mechanisms acquire independent
regulatory significance. It is substantiated that the development of private space
activities is accompanied by a significant expansion of contractual, corporate,
insurance, investment, and conflict-of-law mechanisms, which gradually form a
separate segment of the transnational legal regulation of space activities.
It is established that modern space activities constitute a complex object of
legal regulation combining international legal, administrative legal, civil legal,
commercial legal, and conflict-of-law elements. It is proven that international space
law does not create a comprehensive mechanism for regulating private law relations
in the space sector, resulting in a substantial transfer of regulatory functions to
national legislation, contractual structures, and mechanisms of private international
law.
The dissertation analyzes the system of subjects involved in private law space
relations and determines the peculiarities of the legal personality of private space
operators. The derivative nature of their legal status from the international legal
obligations of states and national licensing regimes is substantiated.
The legal nature of space contracts is examined, and their significance as the
principal compensatory mechanism for overcoming the fragmentation of
international legal regulation is determined. It is established that under modern
conditions space contracts perform not only regulatory but also coordinative,
integrative, and risk-distribution functions.
Considerable attention is paid to the peculiarities of the legal regime of
intellectual property objects in the field of space activities. It is proven that the role
of contractual mechanisms in the distribution and implementation of rights to the
results of space activities is substantially increasing in the space sector.
The dissertation comprehensively examines insurance of space risks and
substantiates its transformation from an auxiliary instrument supporting space
activities into a system-forming element of private law regulation of space activities.
It is determined that the system of space risk insurance covers all stages of the life
cycle of a space object and ensures a comprehensive distribution of risks among
participants in space activities.
The peculiarities of resolving private law disputes in the field of space
activities are analyzed. It is proven that international arbitration has effectively
become the principal mechanism for resolving private law disputes in the space
sector, while the specificity of space activities primarily affects the procedural
aspects of dispute resolution.
The dissertation investigates issues of jurisdiction and applicable law in the
field of space activities. It is substantiated that traditional territorially oriented
conflict-of-law models are insufficiently effective for regulating space-related legal
relations. It is proven that in the context of space activities the principle of the closest
connection transforms into the basic principle for determining the applicable law,
enabling the integration of multiple transnational connections of a space legal
relationship into a unified functional conflict-of-law model.
It is substantiated that modern space activities lead to the transformation of
private international law from a territorially oriented model into a functional
regulatory model based on the comprehensive consideration of the launching state,
the state of registration of a space object, the place of control over activities, the
place of economic effect, and other transnational connections.
The dissertation formulates the conclusion that elements of a specific
transnational regulatory environment (lex mercatoria spatialis) are gradually
emerging in the field of space activities. This environment encompasses contractual
practices, corporate standards, insurance models, arbitration mechanisms, and other
forms of non-state regulation.
The practical significance of the obtained results lies in the possibility of using
the provisions formulated in the dissertation in scientific research, legislative
activities aimed at improving Ukrainian legislation in the field of space activities,
law enforcement practice, as well as in the educational process during the teaching
of courses such as «International Space Law», «Private International Law»,
«Commercial Law», and other academic disciplines.
