TY - JOUR

T1 - Space Dispute Settlement in Asia in the Context of the Belt & Road Initiative

T2 - An Appraisal from China’s Perspective

AU - Yu, Huan

AU - Nie, Mingyan

N1 - Publisher Copyright: © 2022 Kluwer Law International BV, The Netherlands

PY - 2022/11

Y1 - 2022/11

N2 - Conducting a space cooperation program in the context of the Belt & Road (B & R) initiative provides China opportunities to further extend the scale of space cooperation in Asia and break through the current predicament of the Asia-Pacific Space Cooperation Organization (APSCO). A more comprehensive mechanism to address the potential state-to-state and commercial space disputes is essential. To efficiently avoid and resolve disputes among the Member States, APSCO needs to improve the 'fair return' principle and the dispute settlement arrangement contained in its Convention. As to conflicts between APSCO and the non-Member States, dispute settlement clauses are obliged to be reached between APSCO and China. For commercial disputes, China should establish a specialized arbitration branch as a constituent of the B & R comprehensive dispute settlement mechanism. Disputes arising in space infrastructure investments need to be treated separately. For this reason, a special branch for settling investor-state disputes should be created under the Asian Infrastructure Investment Bank (AIIB) as advocated in this article.

AB - Conducting a space cooperation program in the context of the Belt & Road (B & R) initiative provides China opportunities to further extend the scale of space cooperation in Asia and break through the current predicament of the Asia-Pacific Space Cooperation Organization (APSCO). A more comprehensive mechanism to address the potential state-to-state and commercial space disputes is essential. To efficiently avoid and resolve disputes among the Member States, APSCO needs to improve the 'fair return' principle and the dispute settlement arrangement contained in its Convention. As to conflicts between APSCO and the non-Member States, dispute settlement clauses are obliged to be reached between APSCO and China. For commercial disputes, China should establish a specialized arbitration branch as a constituent of the B & R comprehensive dispute settlement mechanism. Disputes arising in space infrastructure investments need to be treated separately. For this reason, a special branch for settling investor-state disputes should be created under the Asian Infrastructure Investment Bank (AIIB) as advocated in this article.

KW - B&R Initiative

KW - B&R-SIC

KW - Space Disputes in Asia

KW - Asian Space Cooperation

KW - APSCO

KW - Commercial Space Activities

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=85148619419&partnerID=8YFLogxK

U2 - 10.54648/AILA2022034

DO - 10.54648/AILA2022034

M3 - Journal articles

VL - 47

SP - 553

EP - 576

JO - Air and Space Law

JF - Air and Space Law

SN - 0927-3379

IS - 6

ER -