Unit:
Κατεύθυνση Διεθνές και Ευρωπαϊκό ΔίκαιοLibrary of the School of Law
Author:
Liameti Argyri Theodora
Supervisors info:
Γεώργιος Δ. Κυριακόπουλος, Επίκουρος Καθηγητής, Νομική Σχολή ΕΚΠΑ
Φωτεινή Παζαρτζή, Καθηγήτρια, Νομική Σχολή ΕΚΠΑ
Αναστάσιος Γουργουρίνης, Επίκουρος Καθηγητής, Νομική Σχολή ΕΚΠΑ
Original Title:
Acquisition of rights and dispute settlement with regard to international transactions involving artificial satellites.
Translated title:
Acquisition of rights and dispute settlement with regard to international transactions involving artificial satellites
Summary:
The increased commercialization and privatization of space activities in light of the NewSpace era threatens to destabilize the foundations of international space law. The study aims at identifying the main legal challenges presented in view of the emerging international transactions involving artificial satellites and the growing participation of the private space actors. In Chapter A, the author focuses on the cases of in-orbit transfer of ownership and leasing of satellites (and the subsequent shift of operational control) and the legal implications that arise from an international law perspective. Specifically, it is argued that modern spatial transactions have given rise to many questions regarding our traditional understanding of international space law and policy. The analysis mainly centers around the inherent fallacies of the registration and liability regimes, as established under the current international legal realm. Reference is also made to potential regulatory hurdles that private operators may have to deal with in case they wish to acquire a satellite from another State, such as export control limitations and other authorization requirements aiming to ensure that States are protected both in terms of security but also regarding potential liability claims etc. An effort is made to propose viable solutions to recalibrate the current space law regime so as to avoid complex contractual relationships and provide for more legal certainty. Moreover, in Chapter B the author provides a short overview of the available mechanisms under the current international legal framework for resolving legal disputes, arising from commercial spatial transactions, ranging from contractual disputes to investment disputes, and disputes over harmful frequency interference. Overall, it is concluded that international arbitration seems to be the most suitable available tool for the resolution of such disputes.
Main subject category:
Law and Legislation
Other subject categories:
International Law
European law
Keywords:
space law, artificial satellites, transfer of ownership in-orbit, resolution of space-related disputes
Number of references:
105
