Office News:
Publications, Engagements & Contributions

This section highlights Maître Dr. Loonis Quélen’s involvement in conferences, forums, and working groups related to space law, maritime law, and labour law. It reflects the Office’s ongoing engagement in the legal analysis of strategic contemporary issues across the space, maritime, and technology sectors. It also includes academic and institutional contributions on emerging topics such as the commercialisation of outer space, orbital debris, and the legal security of offshore activities.

October 12, 2022

European Centre for Space Economy and Commerce (ECSECO) – Vienna, Austria

Inauguration and General Assembly

The ECSECO Members’ General Assembly was held on November 9, from 10 a.m. to 5 p.m., in person in Vienna, at the Augustinertrakt of the Austrian National Library, Josefsplatz 1, 1010 Vienna. This exclusive event included both plenary and parallel sessions. The first plenary session was dedicated to the official opening as well as the approval of the board and membership fees, with voting rights reserved for members present. The parallel sessions allowed for in-depth discussions on various topics related to the space economy and commerce, aiming to prepare and guide the Centre’s future activities. A final plenary session presented the conclusions of the parallel sessions and defined the next steps.

June 20, 2022

Making Space Matter Summit, Friends of Europe, Brussels, Belgium

Satellite Communication Security – How can Europe stimulate the private sector whilst ensuring security?

Expert debate on finding the balance between the commercial growth of space telecommunications and the strategic security imperatives in Europe.

May 18, 2022

Simulations NATO & Friends of Europe, Brussels, Belgium

Europe in 2030: Strengthening Public-Private Cooperation in Hybrid Crises

Prospective crisis simulations on public-private cooperation in the face of hybrid threats, organized in partnership with NATO, to anticipate legal and operational responses to emerging risks.

November 22, 2019

Viva voce of the Ph.D. thesis of Guillaume LOONIS QUÉLEN – Doctoral School of Law of the Sorbonne – Legal Research Institute of the Sorbonne

Piracy & Armed Guards

What characterizes the present Doctoral thesis in Law is, first of all, its purpose of social utility. It is also a research focused on technical aspects along with an interdisciplinary perspective. Through the prisms of International Law and European Law, it is necessary to question the attractiveness of French Law in the face of contractual professional practices oriented towards arms control and globalized economic interests. The study provides accurate data on the incidence of maritime piracy as well as concrete information on private maritime security activities. It also the relevant institutions and relevant national and international regulations. Thereafter, it deals with pirates and armed guards while equating the regulated profession of armed guards with the status of seafarers. Lastly, the study deals with the most relevant minimum requirements for seafarers to work on a ship and the conditions of employment. This unpublished research required the author’s use of various casquettes including that of PhD candidate, legal consultant and UMMU president. The study has been presented at meetings organized by UNCTAD, NMIOTC, the French National Assembly, IRSEM and the European Association of Lawyers. It also required having access to the port of Galle in Sri Lanka, the IMB in Malaysia, the ILO, the IMO and the Representation of France to said organization, as well as to the Paris Court of Justice, the General Secretariat for the Sea, the CNAPS, the Ministry of Ecological and Solidarity Transition and the MICA Center. The results of the study show in particular the following: France is the only State to recognize armed guards as seafarers; the absence of representation of such workers does not allow the emergence of social dialogue; the GUARDCON standard contract takes precedence over French Law, which is nevertheless applicable; Flag State and Port State controls would be difficult to achieve; in the field of social security, agents should be attached to French Law (law of the Flag State); in individual employment contract matters, conflict of laws and jurisdiction rules are difficult to apply; detection of drugs is feasible through the medical check-up and aboard the ship as part of the labor jurisprudence; by the end of 2020, France should have incorporated in its national legislation the concept of “armed robbery against a ship”. This study highlights the importance of eliminating zones of legal uncertainty, establishing a social dialogue among workers, employers and their government and respecting the legal and regulatory framework for the private armed vessel protection activity so that it extends efficiently from the struggle against piracy to that against terrorism.

April 25, 2019

ESCL Practitioners’ Forum – ESTEC, Noordwijk, Netherlands

The Moon Village Concept: Practical, Business and Legal Challenges

The 2019 ECSL Practitioners Forum, titled “The Moon Village Concept: Practical, Business and Legal Challenges,” was held on April 25, 2019, at ESTEC (Netherlands). The day, chaired by Professors Sergio Marchisio and Frans von der Dunk, brought together experts from ESA, the private sector, and academia around the Moon Village concept.

The morning, dedicated to technical and strategic issues, covered the Moon Village initiative, ESA’s lunar projects, and the opportunities offered by the Lunar Orbital Platform Gateway, drawing parallels with the operation of the ISS. The importance of industrial partnerships was also emphasized.

The afternoon focused on the public, commercial, and legal interests related to lunar exploration: protection of heritage sites like Apollo 17, private lunar mission initiatives, and commercial development prospects. The presentations were followed by interactive discussions highlighting the legal challenges to anticipate in lunar exploration.

June 7-9, 2016

Challenges to Maritime Security Derivated from Transnational Organized Crime at Sea – 7th NATO Maritime Interdiction Operational Training Centre (NMIOTC) Annual Conference

Labour law related to maritime private security companies

This presentation examined the legal framework applicable to personnel of private security companies embarked on board ships, focusing on maritime labor law. It addressed the ambiguous legal status of these armed guards, often considered “supernumeraries” and not as seafarers, except in certain states like France. It reviewed the minimum requirements for working at sea, including age, qualifications, identity documents, employment conditions, the captain’s responsibility, repatriation procedures, and certification standards. The presentation emphasized the obligations arising from the Maritime Labour Convention (MLC), the ISPS Code, the ISO 28007 standard, and the standard GUARDCON contract. Legal risks, particularly in cases of disputes or serious incidents (e.g., the Seaman Guard Ohio case in India), were highlighted as reasons to strengthen the regulatory framework to prevent the activities of these actors from being confused with those of the pirates they fought against.

2014

Piracy through history, A challenge for the State – Presses de l’Université Paris-Sorbonne / Institut de recherche stratégique de l’École militaire (IRSEM), pp. 129-147

Piracy and armed robbery against ships: their geographical scope as an element of definition in international and French Law Piracy and armed robbery against ships: their geographical scope as an element of definition in International and French Law

The study examines the geographical criteria (high seas, exclusive economic zones, territorial waters) in the legal qualification of piracy or armed robbery against ships, comparing the definitions under international law (UNCLOS) and French Law.

November 10-11, 2014

Building Trust to Enhance Maritime Security – NATO Advanced Research Workshops (ARW)

Geographical Scope of Piracy and Armed Robbery Against Ships

Maritime security faces multiple threats such as piracy, illicit trafficking (weapons, drugs, human beings), illegal fishing, toxic waste dumping, and maritime terrorism, making it an increasingly strategic global issue. During a workshop held in Geneva on November 10 and 11, NATO officials, representatives from the European Union, and academics discussed the challenges to be addressed and the implementation of NATO’s maritime strategy. Emphasis was placed on the need to strengthen international cooperation, particularly through information sharing among member states and partners, to address prolonged maritime conflicts, especially in the Mediterranean and the Baltic Sea. NATO aims to modernize its naval forces, intensify maritime exercises, and develop partnerships, notably with the EU. Operations such as Active Endeavour (Mediterranean), anti-piracy efforts off Somalia, and the maritime embargo on Libya in 2011 illustrate this dynamic. The event was organized with the support of NATO’s “Science for Peace and Security” program.

March 14, 2014

ECSL Practitioners’ Forum 2014

Recent Developments in Export Control Regulations on Space Technology

On March 14, 2014, the ECSL held its annual Practitioners’ Forum at the European Space Agency headquarters in Paris, focusing on recent developments in export control regulations for space technologies. The event brought together industry representatives, space agencies, legal experts, and academics to discuss issues related to dual-use export regimes amid new national and international rules.

The morning session was dedicated to reviewing the general legal framework (NPT, MTCR, Wassenaar Arrangement), European developments, and national case studies, notably from Italy and the United States (ITAR). The afternoon focused on the practical application of export controls in the space industry, from satellite design to end-of-life, with contributions from ESA, satellite manufacturers, and specialized SMEs. Each session concluded with a discussion period, facilitated by adherence to the Chatham House Rule.

May 9-12, 2012

Conference “Piracy through History – A Challenge for the State,” Strategic Research Institute of the Military School, University of La Rochelle

International Law and French Law: Divergences in the Scope of Definitions of Piracy and Armed Robbery

The geographical dimension of piracy and armed robbery against ships reveals gaps in the legal transposition between maritime and terrestrial spaces under French law. While international law, notably through Article 101 of the United Nations Convention on the Law of the Sea (UNCLOS), regulates piracy on the high seas, France has only partially transposed these provisions, omitting essential elements such as armed robbery at sea. This partial transposition is accompanied by the removal in French law of the concept of terra nullius, complicating jurisdictional attribution for acts committed outside territorial jurisdiction. Moreover, the interpretation of the concept of “jurisdiction” varies, causing confusion regarding the extraterritorial application of criminal law. This situation leads to problems of reciprocity, particularly concerning judicial cooperation or extradition with states such as Peru, El Salvador, Ecuador, Benin, Somalia, or Togo. Ultimately, the imperfection of the transposition and the ambiguity of concepts undermine the legal effectiveness in repressing acts of piracy or related offenses committed at sea.