Dispute Settlement in the Area of Space Communication: 2nd Luxembourg Workshop on Space and Satellite Communication Law

ISBN-13: 9781849468725 / Angielski / Miękka / 2015 / 208 str.

Mahulena Hofmann

Opis

Which dispute settlement mechanisms are available in the area of space communication? Their choice is clearly determined by the legal character of those who are parties in the dispute: states, international intergovernmental organizations, private entities, or even individuals. In this study, the analysis of various dispute settlement mechanisms demonstrates that not all existing mechanisms are equally capable of serving this purpose. It appears that the parties to a dispute often prefer to search for a consensus and an arbitration procedure prior to taking part in international adjudication. The cases where formalized international courts are involved in this area have been relatively rare. Space communication disputes may often be similar to investment disputes. The decisive factors of this similarity include: the high costs of investment * its international character * the necessity to maintain working relationships with the opposing party of the dispute after the conclusion of the dispute * the difficult technical background to the cases * little trust in court procedures * low indemnification * the fear of non-implementation of court decisions. As a consequence, it can be expected that mediation, negotiation, and arbitration, as well as alternative dispute settlement mechanisms will remain the main mechanisms of dispute settlement in the area of space communication in the near future.