Challenges to Modern Methods of Dispute Resolution with Respect to Outer Space Activities

Abstract

The purpose of this article is to identify the means of dispute settlement that are available to both states and private actors in cases relating to outer space commercial activities, as well as to show what each of these means has to offer to its potential users. In furtherance of this purpose, the article will analyze the challenges typically associated with different types of dispute settlement, such as mediation, arbitration and adjudication. In Part I, the author will present the questions and issues of interest regarding space activities’ dispute resolution that will be examined in Parts II and III. Part II will deal with some of the venues before which parties to a dispute involving outer space activities may bring their cases and will try to identify key advantages and disadvantages posed by each of those methods. Finally, Part III will include some conclusory remarks, wherein the author will attempt to identify by virtue of comparison the best ways to resolve a dispute pertaining to outer space activities based on the status of the parties under international law and the remaining challenges to be tackled by the existing regime of dispute settlement.