ANNUAL INTERNATIONAL SYMPOSIUM ON AIR AND SPACE LAW

ABSTRACT
Kunal Gupta & Sachin Vashisth1

As humankind's capabilities in outer space continue to advance rapidly, the legal framework
governing these activities often lags behind. This delay in legal action may be attributed to
the difficulty of achieving global acceptance for any proposed laws pertaining to outer space.
Consequently, a framework that can be easily adapted and applied to resolve space disputes is
critical for the establishment of an effective international legal regime 2.
Despite decades of discussion, the international community has failed to develop a permanent
form of dispute settlement for space-related matters. The Optional Rules for Outer Space
Activities, introduced by the Permanent Court of Arbitration, is a recent effort to address this
issue. However, our analysis indicates that these rules do not significantly advance the
development of a structure for settling space disputes3. This paper identifies several
challenges that impede the development of a comprehensive legal framework for outer space
activities. This paper challenges the notion that the Optional Rules' confidentiality
mechanisms are the only noteworthy aspect to consider. It argues that the principle of adverse
inferences, which remains a controversial issue in arbitration, should also be taken into
account. The paper concludes that while the Optional Rules represent a step forward in terms
of pre-existing dispute resolution mechanisms4, further improvements are necessary to
address the anticipated rise in space-related disputes in the future.
Furthermore, this paper analyzes the implications of the absence of a permanent form of
dispute settlement for space activities. It highlights the risk of legal ambiguity and
uncertainty, which can have significant consequences for national and international security,
commercial investments, and the peaceful uses of outer space. This research paper
emphasizes the urgent need for the international community to prioritize the development of
a comprehensive legal framework for outer space activities. This requires greater
collaboration, global acceptance, and a more comprehensive understanding of the unique
challenges associated with space technology.
Chrome- extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.unoosa.org/
documents/pdf/annualreport/UNOOSA_Annual_Report_2021.pdf

1
3rd Year Law Students pursuing BA.LLB. at Symbiosis Law School, Noida.
2
Tronchetti, F. (2013). The PCA Rules for Dispute Settlement in Outer Space: A Significant Step Forward.
Space Policy, 29(3), 181.
3
Böckstiegel, K. (1978). Arbitration and Adjudication Regarding Activities in Outer Space. Journal of Space
Law, 6(1), 3-17.
4
Optional Rules for Arbitration of Disputes Relating to Outer Space Activities. (2011, December 6). Retrieved
from https://pca-cpa.org/wp-content/uploads/sites/6/2016/01/Permanent-Court-of-Arbitration-Optional-Rules-
for-Arbitration-of-Disputes-Relating-to-Outer-Space-Activities.pdf