Quale giurisdizione per quale sovrano?Il caso del trasferimento dei dati sullo e dallo spazio extra-atmosferico

The paper investigates the relationship between law and space, with a special focus on the exemption of sovereignty on outer space in the case-study of data transfers to and from outer space. This relationship lays upon a framework of general principles that shapes the creation of a normative space at the specific level of outer space. Thus, the relationship that will be identified between law, (outer) space and data is one of genus ad speciem. It has a threefold nature: physical, extra-physical, non-physical. The article wonders whether a legal space without sovereignty may be established. To address this question, two philosophical underpinnings – the Kantian and the Heideggerian conceptions of space – will be deployed to dig into the analysis of data transfers to and from the outer space.