HOW TO SETTLE DISPUTE IN INTERNATIONAL SPACE LAW: AN APPRAISAL

Abstract

“A dispute may be defined as a specific disagreement concerning a matter of fact, law or policy in which a claim or assertion of one party is met with refusal, counter-claim or denial by another.”

It is evident that the subject matter of a dispute arising from space activities will be distinctive from other disputes arising in other areas of international law.

The following factors have to consider in association with the application of legal principles and equity typically used by international dispute settlement mechanisms in arriving at an appropriate and just settlement of disputes in other areas of international law:

1. Huge economic investment associated
2. National security aspects such as dual-use technology, reconnaissance and espionage,
3. Global navigation and positioning for military purposes.
4. Level of technological and scientific uncertainty

The existence of international space law, with its rights, rules and regulations, is futile without an effective implementation mechanism that provides a sufficient and adequate remedy. In the wake of the recent proliferation of international courts and tribunals, the focus in enforcement has shifted to ensure that binding decision-making in international law is effective and enforceable. This recent emphasis on international dispute resolution is especially keen in the arena of international space law, which has no sector-specific dispute resolution system. The legal framework concerning activities in outer space also transcends the usual focus of international law on States. The burgeoning importance of commercialization, together with the involvement of non-governmental and international organizations in space activities, calls for the re-consideration of the status of non-State actors on the international plane.

It is sub mitted that the development of a framework for dispute settlement is becoming increasingly necessary for space law. Space activities are becoming more expensive and complex, involving more disparate actors and affecting larger segments of society. It is submitted that a sectorialized framework for dispute settlement will ensure the coherent evolution of the law in line with developments in the field. Further, it allows for the satisfactory and efficient resolution of disagreements that might otherwise create impediments in the use of outer space for the benefit of Humanity. The lack of a dispute settlement regime in international space law does lead to an unprecedented opportunity for the law relating to international dispute settlement. Together with the boundary-crossing nature of international space law, the lack of a complete dispute settlement regime allows for the evolution of specialized and discrete dispute settlement system.