우주법상 분쟁해결방안
Dispute Settlement in International Space Law
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As the commercial and military use of space has increased since the former Soviet Union launched the first artificial satellite, Sputnik, in 1957, so too has the possibility of disputes risen greatly. This research study reviews the UN Charter, current relevant Space law, and trends of dispute settlement, in search of an adequate and equitable dispute settlement mechanism. Dispute Settlement in Space Law is imperfect as a legal institution because of a total absence of general procedure enforcement; unique in an environment which is of such great interest to both developed and developing space nations and is characterized by questions of such a professional or technical nature. Disputes under Space Law should be settled peacefully in accordance with general principles governing international disputes. The principal of peaceful settlement of disputes is an international norm establishment in the 20th Century and confirmed in Article 2 of the UN Charter. In addition, however, it is necessary to establish a professional dispute settlement regime similar to that found regulating the world’s oceans, because of the professional and technical nature of dispute in Space activities. This should build upon existing diverse measures for the flexible settlement of disputes in Space.
Abstract
As the commercial and military use of space has increased since the former Soviet Union launched the first artificial satellite, Sputnik, in 1957, so too has the possibility of disputes risen greatly. This research study reviews the UN Charter, current relevant Space law, and trends of dispute settlement, in search of an adequate and equitable dispute settlement mechanism. Dispute Settlement in Space Law is imperfect as a legal institution because of a total absence of general procedure enforcement; unique in an environment which is of such great interest to both developed and developing space nations and is characterized by questions of such a professional or technical nature. Disputes under Space Law should be settled peacefully in accordance with general principles governing international disputes. The principal of peaceful settlement of disputes is an international norm establishment in the 20th Century and confirmed in Article 2 of the UN Charter. In addition, however, it is necessary to establish a professional dispute settlement regime similar to that found regulating the world’s oceans, because of the professional and technical nature of dispute in Space activities. This should build upon existing diverse measures for the flexible settlement of disputes in Space.
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