A new legislative trend is spreading among spacefaring States: the inclusion of the space sector under the protection of screening mechanisms. The latter consist in particular powers endowed to governmental authorities by domestic laws with the aim to screen foreign investments in strategic sectors and block them, or condition them, if they raise national security concerns.
Challenging screening decisions is utterly difficult, both at the national and at the international level, due to their political nature and to their exclusion from the scope of application of international investment agreements.
The present paper delves into this matter revolving around the following question: are screening powers an unrestrainable exercise of sovereign rights or is it possible to challenge them?
Italy represents an interesting case study in this regard, having drafted a screening regime that creates a balance between national security concerns and the respect of the rule of law.