14 - The Peaceful Settlement of Space Disputes

Summary

In this chapter, Rossana Deplano focuses on the peaceful settlement of outer space disputes. This chapter argues that, traditionally, States have resorted to diplomatic, as opposed to legal, means for the settlement of disputes related to space activities. However, with the growing privatisation and commercialisation of space activities, this chapter avers that the current treaty framework for the settlement of space disputes is inadequate to cope with the demands of the new space industry. This chapter examines the principles governing the treaty framework for the peaceful settlement of space disputes as well as the existent dispute settlement mechanisms. It evaluates whether the apparently unstructured character of the UN treaty framework for dispute settlement is sufficient to deal with traditional and emerging space disputes, such as those likely to stem from space-mining operations. The argument is made that, although there is no all-encompassing and binding dispute settlement process, a specialised dispute settlement system endowed with enforcement powers is not desirable.