AN EXAMINATION OF SPACE REGIMES ON THE ARBTRATION OF FUTURE SPACE RELATED DISPUTES
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Date
2023-08-09
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Journal of Private and Property Law. Faculty of Law, PPLRUNLAW Review 2
Abstract
Attendant in the use of space resources is the inevitable rancor which may arise due to situations seen and unforeseen. Seen in the sense of present day realities or occurrence ranging from space related contracts, satellite collision, debris fallout to territory not of the launching state, detection of fragment of space object in a foreign territory etc. Unforeseen in the sense of the future projection of use of space resources for tourism, envisaged privatisation and commercialisation of space resources and space travel. Soon private individuals would be able to jet to outer space for tourist purpose and just like we have airports, space transport operations will take the lime light. Inherent in this future projection of space utility is the high possibilities of disputes or issues that man has not comprehended, at least, for now. Outer space regimes adopts arbitration as one of the various means of space dispute resolution and this has been applied in series of space disputes such as the COSMOS 954 between Canada and Soviet Union, Cosmos 2251 between Russia and US, Eutelsat S.A. v. United Mexican States, etc. International arbitration is the most fancied means of resolving commercial disputes. Hence, its favour for space disputes. The question is, do the major international space treaties foresee the emerging and future developments as regards the use of space as to accommodate disputes that may arise from them to be arbitrable? The intention of this paper is to put its pro-active mind and fast forward same into the projected future space disputes, analyse same and discuss whether such disputes are projected as subject of arbitration in the provisions of space treaties. A qualitative legal research methodology is adopted; and at the end of the paper, appropriate recommendations shall be made based on the findings. Keywords:Outer Space, arbitrability, space disputes, resolution, space regimes
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PPLRUNLAW Review 2: