ABSTRACT
The exponential increase in space activities driven by national agencies, international consortia, and private corporations has led to unprecedented congestion in Low Earth Orbit (LEO). This commercialization, encompassing space tourism, mega-constellations of satellites, and planned commercial space stations, creates a high-probability environment for conflicts. These disputes will range from torts (e.g., personal injury, space debris collisions) to complex issues of contract, intellectual property, and property rights. Current international space law, primarily comprised of treaties negotiated through the United Nations, provides a foundational framework but lacks a comprehensive, binding mechanism to resolve disputes, particularly those involving private entities and individuals. This paper argues that the existing legal regime is insufficient to manage the impending wave of civil and commercial litigation stemming from space activities. It examines the current landscape of space exploration, identifies specific conflict domains, and highlights the gaps in existing dispute resolution mechanisms. Finally, this paper proposes the adoption of a new international treaty that mandates commercial arbitration for civil space disputes. The paper concludes by presenting model treaty language to establish an International Space Arbitration Commission (ISAC) under the auspices of the UN, providing a scalable, expert-driven, and peaceful means of conflict resolution to ensure the sustainable and secure development of outer space.
Keywords
Space Law, Arbitration, Mediation, Dispute Resolution, Outer Space Treaty, SpaceX, NASA, Commercial Spaceflight, Space Debris