Abstract: The Protocol on Matters Specific to Space Assets differs in several aspects from the other Protocols. It deals to a large extent with ‘assets’ that are permanently out of reach, and therefore includes elaborated ‘associated rights’ (inter alia permits, licences, and authorizations issued by states or international organizations). Seizure of rights and/or control by a creditor could cause friction with respect to state sovereignty. Furthermore, although thus far no conflict with existing international space law has been identified, the application of the Protocol could have consequences for the obligation of the launching state to retain jurisdiction and control, as well as for the international liability of the launching state. It is suggested that both matters can and should be resolved through national space legislation. Finally, the proposed Supervisory Authority is not an intergovernmental organization, but a subsidiary organ of the General Assembly of the United Nations.
European Review of Private Law