Ugent International Legal Issues of Settling Disputes in the Field of Space Activities

Introduction. International space law (“ISL”) does not provide a specialized coherent system of dispute settlement (“SCSDS”). Up to now the ab­sence of such a system has had no negative impact on development of either ISL, or space activity (“SA”), however this fact does not exclude the necessity of elaboration of SCSDS. The article analyzes factors potentially influencing increase in the number of space related disputes, methods of “risk manage­ment” of occurrence of disputes, as well as existing general and sectoral dispute resolution mechanisms applicable to space activities within the context of specific features of ISL.  

Materials and methods. The theoretical back­ground of this research consists of works of distin­guished scholars and specialists in ISL as well as ma­terials of diverse conferences on ISL. The analytical framework includes the UN Charter, the UN treaties on outer space, relevant UN GA resolutions, as well as the Permanent Court of Arbitration optional rules of 1997 and 2011. The research is based on methods such as formal logic, including analysis, synthesis, analogy and modeling, as well as systematic, com­parative and interpretation.  

Results. Following the analysis, it is found that: 1) specific features of ISL, including the existence of unsettled legal issues, as well as the trends in the SA development directly impact the increase in risks of occurrence of international disputes; 2) although specific features of responsibility and liability in ISL can impact the increase in the number of disputes, on the one hand, on the other – cumulatively they contribute to prevention of potential disputes; 3) at the present stage effective application and potential combination of the existing means of dispute resolu­tion may lead to finding of new means that might be able to fill in the legal vacuum created by the absence of SCSDS in ISL.  

Discussions and conclusion. To reduce risks of dispute occurrence and effective resolution of the existing disputes the following conclusions and rec­ommendations are provided on: 1) the primary ne­cessity of regulation of the unsettled issues of ISL; 2) the determination of methods of “risk management” of the dispute occurrence in the context of the specific features of ISL; 3) the use of the PCA dispute reso­lution system that allows taking into account both the specific features of the contemporary SA and the necessity of its coherent legal regulation, as well as effectively using and combining diverse means of dispute resolution, in particular, establishment of fact-finding commissions of inquiry; 4) in the longer term – the necessity of establishment of SCSDS on a treaty basis.

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