Dal possesso al comando. Garanzie e circolazione dei beni spaziali

This paper argues that the classical private-law grammar of possession is ill-suited to space assets, where effective powers over an object in orbit are exercised through operational con trol – telemetry, tracking and command (TT&C). As commercial practices evolve, most notably through in-orbit sales and on-orbit servicing, the need for a reliable notice-based system capable of supporting transfers and security interests becomes pressing. The Cape Town Convention model, successfully implemented for aircraft equipment through a global electronic registry, offers a func tional benchmark; yet the Space Protocol (adopted in Berlin, 2012) is not yet in force, owing to unresolved institutional design issues and the technical prerequisites for an operational international registry. Against this background, the paper revisits the relationship between international space law (jurisdiction, registration, liability) and private-law techniques of public notice, proposing opera tional control as a key functional connecting factor for market transactions. Finally, it discusses the recent Italian framework on the space economy (Law No. 89 of 13 June 2025), highlighting how authorization requirements for transfers of ownership, management or control of space objects may pave the way for greater legal certainty in space asset circulation and financing.