Dispute Settlement in the Area of Space Communication: 2nd Luxembourg Workshop on Space and Satellite Communication Law

Name: Dispute Settlement in the Area of Space Communication: 2nd Luxembourg Workshop on Space and Satellite Communication Law
Brand: Nomos/Hart
SKU: 9781849468725
Price: 5310.0 INR
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by Mahulena Hofmann

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ISBN13: 9781849468725
Binding: Hardcover
Subject: N/A
Publisher: Nomos/Hart
Publisher Imprint: Nomos/Hart
Publication Date: April 23, 2015
Pages: 208
Original Price: GBP 64.99
Language: English
Edition: N/A
Item Weight: 367 grams
BISAC Subject(s): Arbitration, Negotiation, Mediation

About The Book

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.

About The Author

Hofmann, Mahulena: -

Mahulena Hofmann is Professor at the Faculty of Law, Economics and Finance, University of Luxembourg, SES Chair in Satellite Communications and Media Law, Member of the Board of Directors of the International Institute of Space Law and Arbitrator with the Permanent Court of Arbitration for disputes related to space activities.

Photograph (c)University of Luxembourg/Michel Brumat

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