Space Dispute Settlement in Asia in the Context of the Belt & Road Initiative: An Appraisal from China’s Perspective
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In: Air and Space Law, Vol. 47, No. 6, 11.2022, p. 553-576.
Research output: Journal contributions › Journal articles › Research › peer-review
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RIS
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 -