SPACE ACTIVITIES IN THE JURISPRUDENCE OF INTERNATIONAL DISPUTE SETTLEMENT INSTITUTIONS

摘要

Whereas the International Court of Justice has so far not yet been seized with any dispute concerning space activities, certain aspects of such activities have been faced by other international dispute settlement institutions of judicial or quasi-judicial character, particularly in cases relating to space communication. These cases involve different subjects of international law: States within the legal framework of WTO and ITU, respectively; private commercial entities in the majority of cases dealt with in commercial or investment arbitration procedures; parties in respect of a defined legal relationship as regards the Permanent Court of Arbitration Rules on Outer Space Disputes; or even individuals in proceedings before human rights institutions. This paper analyzes issues connected with the jurisdiction of such international institutions as regards disputes resulting from space activities. Reflecting the discussions held both during the 2nd Luxembourg International Workshop on Space Communication (2013) and the 2013 IISL Colloquium, it concludes by predicting that mediation, negotiation and arbitration, but also alternative dispute settlements mechanism will become the main mechanisms of dispute settlement in the area of space communication.