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 the perspective of the very subject of the study, the analysis of various dispute settlement mechanisms demonstrated that not all existing mechanisms are equally capable to serve its purpose. It appeared that the parties of a dispute very often prefer searching for a consensus and an arbitration procedure in case of disagreement prior to international adjudication. The cases where formalized international courts are involved in this area have been relatively rare: This situation brings some of space communication disputes close to the area of investment disputes: high costs of investment, its international character, the necessity to keep working relations with the opposing party of the dispute after the conclusion of the dispute, difficult technical background of the case, little trust in court procedures, low indemnification and the fear of non-implementation of court decisions are the decisive factors of these similarities. As a consequence, it can be expected that mediation, negotiation and arbitration, but also alternative dispute settlements mechanism will remain the main mechanisms of dispute settlement in the area of space communication in the near future. With contributions by: Mahulena Hofmann; Srinivasan Venkatsubramanian; Francis Lyall; Gerald E. Oberst; Tanja Masson-Zwaan; Peter Malanczuk; Frans von der Dunk; Ioanna Thoma; Susan Poser and Joel Rische; Andreas Loukakis.
Thursday, March 12, 2015
Hofmann: Dispute Settlement in the Area of Space Communication
Dispute Settlement in the Area of Space Communication (Nomos 2015). Here's the abstract: