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2 results

  • 14 - The Peaceful Settlement of Space Disputes

  • from Part III - New Opportunities and the Future of International Dispute Settlement
  • Edited by Russell Buchan, University of Reading, Daniel Franchini, University of Sheffield, Nicholas Tsagourias, University of Sheffield
  • Book:
    The Changing Character of International Dispute Settlement
    Published online:
    14 December 2023
    Print publication:
    21 December 2023, pp 403-438

  • 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.

  • THE ARTEMIS ACCORDS: EVOLUTION OR REVOLUTION IN INTERNATIONAL SPACE LAW?

  • Rossana Deplano
  • Journal:
    International & Comparative Law Quarterly / Volume 70 / Issue 3 / July 2021
    Published online by Cambridge University Press:
    15 June 2021, pp. 799-819
    Print publication:
    July 2021
    • Article
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  • Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance.