I was not aware that Outer Space Activities were so conflict-laden. I learned today that, last week, the Administrative Council of the Permanent Court of Arbitration (the “PCA”) adopted the “PCA Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities.”
According to the PCA’s announcement, the “project was set in motion in 2009 by the PCA’s Secretary-General, Mr. Christiaan M.J. Kröner, in response to a perceived need for specialized dispute resolution mechanisms in the rapidly evolving field of outer space activities. The text was developed by the International Bureau of the PCA, in conjunction with an Advisory Group of leading experts in air and space law. The Advisory Group is chaired by H.E. Fausto Pocar, judge of the International Criminal Tribunal for the Former Yugoslavia. The other members of the Advisory Group are Dr. Tare Brisibe, Prof. Frans von der Dunk, Prof. Joanne Gabrynowicz, Prof. Dr. Stephan Hobe, Dr. Ram Jakhu, Prof. Armel Kerrest, Mrs. Justine Limpitlaw, Prof. Dr. Francis Lyall, Prof. V.S. Mani, Mr. Jose Montserrat Filho, Prof. Dr. Maureen Williams, and Prof. Haifeng Zhao.”
You learn something new every day. Maybe the Mars Rover Spirit can use the procedures to extricate itself from its location at Troy.
H/T Ed Pekarek.
At Nebraska Law College, we have an LLM program in Space, Cyber & Telecom Law, and I was just recently talking to the director of our program last week about “Space Arbitration.” “Space arbitration” seems to make sense for all of the reasons that international arbitration makes sense — especially when considering issues involving jurisdiction! Although some of us might welcome a chance to arbitrate on the moon. . . . .