국제우주법상 분쟁해결에 관한 연구
A Study on the Dispute Settlement in International Space Law
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As far as the settlement of the space law dispute is concerned, there are provisions dealing with those problems in INMARSAT, INTELSAT, ITU, INTERSPUTNIK, ARABSAT, ESA, the United Nations resolutions of DBS, RS and NPS principles and space treaty provisions. However in this article I dealt with the traditional methods of settlement of the international law disputes such as negotiation, inquiry, mediation, conciliation, arbitration and judicial settlement which are included in article 33 of the United Nations Charter and the settlement of the space law dispute contained in the 1967 Outer Space Treaty, 1972 Liability Convention and 1979 Moon Agreement. Cosmos 954 incident was the first case occurred in Canada by the Soviet Union in relation to the settlement of the space law dispute. Cosmos 954 was a reconnaissance satellite launched by the Soviet Union in 1977. A malfunction prevented safe separation of its onboard nuclear reactor; when the satellite reentered the Earth's atmosphere in the following year it scattered radioactive debris over northern Canada, prompting an extensive cleanup operation. Under the terms of the 1972 Liability Convention, a state which launches an object into space is liable for damages caused by that object. However Cosmos 954 case was settled not by the 1972 Liability Convention, but by 1981 Protoco1 on Settlement of Canada's Claim for Damages Caused by Cosmos 954, although the two countries were the parties to the 1972 Liability Convention. International Law Association(ILA) proposed the Draft Convention on the Settlement of Space Law Dispute in Taipei Conference in 1998. International Tribunal for Space Law, ICJ and Arbitration were the proposed possible solutions to deal with the settlement of the space law dispute in the Draft Convention. However in my opinion the establishment of the Annexes of the Settlement of Space Law Dispute to 1967 Outer Space Treaty or 1972 Liability Convention would be better than the enactment of the Space Law Dispute Convention. The fact that Permanent Court of Arbitration(PCA) adopted "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" in 2011 and nominated 16 judges over the world in 2012 is a recommendable way to the Space Law Dispute among states.
Abstract
As far as the settlement of the space law dispute is concerned, there are provisions dealing with those problems in INMARSAT, INTELSAT, ITU, INTERSPUTNIK, ARABSAT, ESA, the United Nations resolutions of DBS, RS and NPS principles and space treaty provisions. However in this article I dealt with the traditional methods of settlement of the international law disputes such as negotiation, inquiry, mediation, conciliation, arbitration and judicial settlement which are included in article 33 of the United Nations Charter and the settlement of the space law dispute contained in the 1967 Outer Space Treaty, 1972 Liability Convention and 1979 Moon Agreement. Cosmos 954 incident was the first case occurred in Canada by the Soviet Union in relation to the settlement of the space law dispute. Cosmos 954 was a reconnaissance satellite launched by the Soviet Union in 1977. A malfunction prevented safe separation of its onboard nuclear reactor; when the satellite reentered the Earth's atmosphere in the following year it scattered radioactive debris over northern Canada, prompting an extensive cleanup operation. Under the terms of the 1972 Liability Convention, a state which launches an object into space is liable for damages caused by that object. However Cosmos 954 case was settled not by the 1972 Liability Convention, but by 1981 Protoco1 on Settlement of Canada's Claim for Damages Caused by Cosmos 954, although the two countries were the parties to the 1972 Liability Convention. International Law Association(ILA) proposed the Draft Convention on the Settlement of Space Law Dispute in Taipei Conference in 1998. International Tribunal for Space Law, ICJ and Arbitration were the proposed possible solutions to deal with the settlement of the space law dispute in the Draft Convention. However in my opinion the establishment of the Annexes of the Settlement of Space Law Dispute to 1967 Outer Space Treaty or 1972 Liability Convention would be better than the enactment of the Space Law Dispute Convention. The fact that Permanent Court of Arbitration(PCA) adopted "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" in 2011 and nominated 16 judges over the world in 2012 is a recommendable way to the Space Law Dispute among states.
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