La difesa della sovranità verticale. Analisi critica e prospettive future del principio dell'uso pacifico dello spazio extra-atmosferico di fronte alla crescente militarizzazione del dominio spaziale.

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The evolution of space law poses new challenges to the vertical sovereignty of states, particularly with respect to the principle of peaceful use of outer space. This study critically analyses the increasing militarization of the space domain, investigating the balance between security needs, international cooperation and established legal principles. The first part of the research delves into space law as a cross-cutting legal discipline, examining the Outer Space Treaty, the role of COPUOS, and the contribution of philosophical-legal concepts, such as the nomos of cosmic space and Roman law principles. The implications of vertical sovereignty, liability profiles and environmental sustainability of space activities are also explored. The second part focuses on the legal aspects of the militarization of space, distinguishing between militarization and weaponization, and analysing non-kinetic military activities. Particular attention is devoted to the role of COPUOS in identifying these activities and to airspace control in Italy. Finally, the third part explores future prospects through the prism of international cooperation and humanitarian law. The Italian and European strategy in space, the involvement of the Armed Forces and the elaboration of the international humanitarian law manual are examined. The research concludes with a reflection on “hypothetical jurisprudence” and potential normative developments aimed at ensuring a balance between security and peaceful governance of space. This work contributes to the academic debate on the legal regulation of outer space, providing critical analysis and future perspectives to address emerging challenges in a context of increasing competition and militarization