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Books > Law > International law > Settlement of international disputes > International arbitration
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Dispute Settlement in the Area of Space Communication - 2nd Luxembourg Workshop on Space and Satellite Communication Law (Paperback)
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Dispute Settlement in the Area of Space Communication - 2nd Luxembourg Workshop on Space and Satellite Communication Law (Paperback)
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Which dispute settlement mechanisms are available in the area of
space communication? Their choice is clearly determined by the
legal character of those who are parties in the dispute - States,
international intergovernmental organisations, private entities or
even individuals. In this study the analysis of various dispute
settlement mechanisms demonstrates that not all existing mechanisms
are equally capable of serving this purpose. It appears that the
parties to a dispute often prefer to search for a consensus and an
arbitration procedure prior to taking part in international
adjudication. The cases where formalised international courts are
involved in this area have been relatively rare. Space
communication disputes may often be similar to investment disputes;
the decisive factors of this similarity are the high costs of
investment, its international character, the necessity to maintain
working relationships with the opposing party of the dispute after
the conclusion of the dispute, the difficult technical background
to the cases, little trust in court procedures, low indemnification
and the fear of non-implementation of court decisions. As a
consequence, it can be expected that mediation, negotiation and
arbitration, but also alternative dispute settlement mechanisms
will remain the main mechanisms of dispute settlement in the area
of space communication in the near future.
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