On the settlement of space- and international telecommunications -related disputes

Abstract

This paper aims to describe and assess the dispute settlement mechanisms available to States in the context of space and telecommunications activities. Disputes either between private actors or between private actors and States are beyond the scope of this research. The choice to examine mechanisms and procedures for the settlement of international disputes in these specific areas stems from an elective affinity between these sectors, given the existing interaction between them. At a first level, the paper highlights the importance of mechanisms to prevent the creation of international disputes, both in the field of space law (mainly through Art. IX of the Outer Space Treaty) and in the field of international telecommunications (Arts. 45 para. 3, 48 of the ITU Constitution). Further, the general scheme of peaceful settlement of international disputes, as enshrined in the UN Charter not only applies to the disputes in question but is further specified in the context of space and telecommunications law (Liability Convention, Art. 56 of the ITU Constitution), with a clear orientation towards the use of diplomatic rather than judicial means of resolution. Last but not least, if the settlement of disputes through diplomatic means fails, the preferred judicial mechanism is that of arbitration, as it is clearly demonstrated by the Claims Commission of Art. XIV LIAB, the PCA “Optional Rules for Arbitration” of space disputes, the mechanism of Art. 41 of the ITU Convention as well as the relevant “Optional Protocol”. The specific options for dispute settlement show that, in view of the common interest of States in “international goods” of a technical nature, the actors involved are mainly interested in the non-occurrence of disputes rather than in their resolution through judicial means. And when they do so, they choose to resort to flexible resolution mechanisms (arbitration) rather than to ordinary international courts.