Dispute Resolution regarding space activities

WILLIAMS, MAUREEN

Handbook of Space Law (paper back publication)

EEdward Elgar

Lugar: Cheltenham; Año: 2017; p. 995 - 1046

AUTORIA INDIVIDUALABSTRACTIn the early stage of activities in outer space disputes were more likely to occuramong subjects of public international law. Therefore, the International Courtof Justice (ICJ) appeared as the natural place for a decision on any such dispute. Arbitration was the secondpossibility, either in the context of the Permanent Court of Arbitration (PCA)or ad hoc. Yet, neither the ICJ northe PCA ever became involved in the settlement of space law disputes on theirmerits. In more recent times, however, satellite data has been frequently used asevidence in both forums by the parties to a dispute.More specific space law instruments have sometimes established their own methods, notably theClaims Commission under the 1972 Liability Convention, the dispute settlementmechanisms of the International Telecommunication Union (ITU) within the ITU Constitutionand the ITU Convention, the European Space Agency (ESA) as per the ESA Convention,or the political solutions adopted by the Intergovernmental Agreement on theInternational Space Station (ISS). As for satellite communications inparticular, in the context of GATT, the World Trade Organization (WTO) disputesettlement procedures are applicable.