Description
Book SynopsisWhich 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. This title is included in Bloomsbury Professional's International Arbitration online service.
Trade Review[W]e would certainly recommend this work to those involved in dispute settlement and telecommunications law. The book contains many useful insights for practitioners, and is food for thought for academics who would like to further elaborate on the topic. -- Piergiuseppe Pusceddu * Transnational Dispute Management *
This book consists of an excellent range of papers delivered at the 2013 Workshop on the topic and is a useful addition to any collection on dispute resolution or on space law. -- Sa’id Mosteshar * Computer and Telecommunications Law Review *
Table of ContentsIntroduction: 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
