Electronic Proceedings - United Nations Office for Outer Space Affairs

Presentation on the Educational Programme ofthe European Centre for Space Law (ECSL)Sergio MarchisioEuropean Centre for Space LawProfessor at the University of Rome “La Sapienza”1. Introductory remarksThe topic of my presentation, included in session 3 concerning the educationalprogrammes in space law, will be the European Centre for Space Law (ECSL) and itsactivities. If our common understanding is that in each country the successful operation ofspace law, policies and institutions relies on the presence of suitable professionals, therefore,educational opportunities and institutions that address the subject of space law and policy area vital element 1 . Within this context, I will deal with the contribution of the ECSL’s activitiesto that end, following the outline prepared by the chairman Gabriel Lafferranderie, who hasbeen unable to attend the workshop.The title of our session concerns “educational programmes” in space law, which is ofcourse a broader concept than “university studies or courses on space law”. Indeed, one of themain aims of this workshop is to consider the development of university levelstudies/programmes in space law with a view to promoting national expertise and capabilityin the field. This is why I would like to make it clear at the outset that the European Centre forSpace Law (hereinafter "the Centre"), which formally commenced its operations on 12 May1989, is not a law faculty or an institute of law or political science studies, nor anestablishment in which students can follow courses and obtain qualifications 2 .Notwithstanding, it is an important institution working in the sector of space law educationalprogrammes at the European level.2. The story of ECSL within the framework of ESAIf we go back to the story of ECSL, we can easily understand why the Centre is notand could not be a faculty or an educational establishment in a proper sense. Its original scopewent further than that; its objective was to bring together the people involved in space law,strengthen what already existed and provide assistance in implementing initiatives of theEuropean Space Agency (ESA) created by the Convention signed in Paris in March 1975.The ESA Convention is of course a product of history, it’s a child of its time, and itsclauses and articles are a response to the historically specific questions posed by those whodrafted it. ESA took over from the European Space Research Organization (ESRO),established in 1962, and the European Launcher Development Organization (ELDO) 3 . Itsmain aim was to play a federative role in Europe in the area of space research andtechnologyand their applications. In this regard, it suffices to mention Article II of the ESAConvention, concerning the purpose of the Agency: it stresses on cooperation among1 See generally Tania Masson-Zwaan and P.H. Tuinder, Space Law Training and Education,Outlook on Space Law over the Next 30 Years, p. 285.2 The Centre’s main unit is located at the European Space Agency (ESA) Headquarters, 8-10rue Mario Nikis, 75738 Paris 15, France.3 See Krige, An Historian Looks at the ESA Convention, in Proceedings Florence, 1993, pp.13-18.456