The modernization of interstate space dispute settlement mechanisms

Of all specialized dispute settlement mechanisms, the settlement of space disputes has attracted relatively little attention in recent years. A few scholars have addressed this issue with a disproportionate emphasis on diplomatic channels. The rationale for that is that space disputes occur in rare cases, and thus the corresponding research can wait to be materialized in the future. This article argues that the future is now, if not already delayed. In fact, given the rapid development of space technology and the active involvement of private actors, the old model designed by outer space treaties needs to be modernized. Modernized space dispute settlement mechanisms may learn from the experience of air law dispute settlement mechanisms and apply the private ordering theory to practice. Space dispute settlement mechanisms may be sectorized with designs of explicit dispute settlement clauses and enhanced capacity building through institutions and rulemaking.