This article in our space law series focuses on the resolution of disputes that may arise from space-related activities, setting out the high-level international legal framework and discussing the key principles for "space" and "terrestrial" dispute resolution and appropriate forums.

Firstly, the references to space-related activities in this article include (but are not limited to) the supply, installation, assembly, testing, commissioning, and operation of satellites, launch vehicles, human space flight vehicles, shuttles, as well as the launching, flight, orbit, and recovery. Following the recent growth in the space sector (as outlined in our introduction to this series), the sector has changed from solely state based space activities to a mixture of both state and private enterprises.

Alongside the growth of all these businesses up and down the supply chain, there has been the predictable rise of disputes due to the risks arising from the sector’s notorious complexity. Such disputes can arise due to the innate technical specifications from the science, engineering, or even the industry specific regulations, high value equipment, or commercial agreements between relevant stakeholders (comparable to other industries, like the construction industry) involved in space-related activities. Accordingly, it is important to understand the legislative background and the dispute resolution mechanisms available if issues do arise.

Current legislation

As explored in our previous articles, the regulation of this market has only just taken-off, and the existing legal framework is not just decidedly thin but also archaic, having been drafted and/or brought into force when the initial exploration of space was only taking its initial steps.[1] Accordingly, the treaties were drafted with a focus on state entities being the sole stakeholders for space-related activities, as opposed to the private industries that are now entering the altitudes of space.

Currently, there are only five international treaties, and a handful of non-binding UN General Assembly resolutions that govern the jurisdiction of space, which are:

1. The Outer Space Treaty (1967);[2]
2. The Rescue Agreement (1968);[3]
3. The Liability Convention (1972);[4]
4. The Registration Convention (1976);[5] and
5. The Moon Agreement (1984).[6]

The main focus of these treaties was to pre-emptively deal with issues that are starting to arise now, such as: ownership and exploitation of territory and/or resources, weaponisation of space assets, rights of exploration, damage liability caused by space objects (i.e., space debris), safety and rescue protocols, notification and registration of space activities, and the settlement of disputes. While these treaties focus on the requirements for states, they are notably absent on how these principles apply to the private sector. However, two treaties, the Outer Space Treaty (the OST) and the Liability Convention Treaty (the LCT), do address dispute resolution for space-related activities and the principles that are likely to govern how future legislation (nationally and internationally) may be drafted to complement the existing suite of treaties, as explored below.</