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Dispute Settlement in the Area of Space Communication

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

Author: Mahulena Hofmann
Publisher: Hart Publishing
ISBN: 9781849468725
Published In: May 2015
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 organisations, 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 formalised 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 are 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 and the fear of non-implementation of court decisions. As a consequence, it can be expected that mediation, negotiation and arbitration, but also alternative dispute settlement mechanisms will remain the main mechanisms of dispute settlement in the area of space communication in the near future.

Introduction: Dispute Settlement in the Area of Space Communication Mahulena Hofmann

Dispute Settlement in Satellite Communication and the ITU

ITU and its Dispute settlement Mechanism Srinivasan Venkatasubramanian

The Role of Consensus in the ITU Francis Lyall

Dispute Resolution before the ITU: The Operator's Experience Gerry Oberst

Orbits and Frequencies: The Legal Context Tanja Masson-Zwaan

From Negotiations to Dispute Settlement: The Role of the World Trade Organization (WTO) in relation to Satellite Communications Peter Malanczuk

About the New PCA Rules and their Application to Satellite Communication Disputes Frans G. von der Dunk

Dispute Settlement in Space: The Perspective of the European Space Agency Ioanna Thoma