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Vol 21 No 11 Nov/Dec 2016

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Dispute Settlement in the Area of Space Communication: 2nd Luxembourg Workshop on Space and Satellite Communication Law

Edited by: Mahulena Hofmann

ISBN13: 9781849468725
Published: July 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £50.00



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Which 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.

Subjects:
Air and Space Law, Telecommunications Law, Arbitration and Dispute Resolution
Contents:
Introduction: 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