In this article, the author reflects on the appropriate place of traditional procedural guarantees in the resolution of consumer and small claims disputes using online tools. After examining the key aspects of procedural justice that constitute the right to a fair trial and analysing its effects on procedures designed for low-value disputes, the article argues for a flexible approach that takes procedural proportionality seriously. |
Search result: 75 articles
Article |
Managing Procedural Expectations in Small Claims ODR |
Journal | International Journal of Online Dispute Resolution, Issue 1 2019 |
Keywords | fair trial, procedural justice, natural justice, waiver, small claims, consumer disputes, proportionality |
Authors | Fabien Gélinas |
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Report |
IISL/ECSL Symposium on the occasion of the 57th Session of the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer SpaceVienna International Centre, 9 April 2018 |
Journal | International Institute of Space Law, Issue 10 2018 |
Authors | Thea Flem Dethlefsen, Heejeong Vicky Jeong and Antonino Salmeri |
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From ESA’s Moon Village to Elon Musk’s Martian cities, there is increasing talk of establishing permanent human settlements or outposts in outer space. November 2018 will mark 18 years of continuous human presence in space via the International Space Station (ISS). However, these new proposals are different for several reasons. They are intended to have a permanence never envisioned for the ISS, they are intended to be ‘home’ to more than professional astronauts and fewer than a handful of space tourists, and they will be located on the Moon and other celestial bodies. The ISS is treated by the existing space law regime as a space object, or an assembly of separate space objects, regarded as functionally no different from any other space object. However, whether this approach could be taken for facilities on the Moon and other celestial bodies is the proposed focus of this paper. None of the space law treaties provide a precise definition of the term ‘space object’, however the generally accepted understanding is that “space objects may be defined as artificial man made objects that are brought into space and are designed for use in outer space.” That is not to lament the lack of a specific definition, as it would most likely be disadvantageous to have been lumbered with the 1967 conception of ‘space object’. The nonspecificity of the treaties allow scope for development and adaptation to deal with the uses now proposed. Article VIII of the Outer Space Treaty potentially provides aid in this quest as it indicates that ‘objects constructed on a celestial body’ fall within the scope of ‘space object’. Therefore, it is most likely possible to construct a regime providing a legal basis for governance of space settlements and outposts utilizing the existing ‘space object’ concept. However, there will still be potential issue around the nonappropriation principle codified in Article II of the Outer Space Treaty. Which this paper will also explore. This is a topic which is vital for the maintenance of the existing space law regime and is of growing relevance as more proposals for permanent human presence are made. |
Report |
Report of the 33rd IAA/IISL Scientific Legal Roundtable, Global Cooperation in Planetary Defence |
Journal | International Institute of Space Law, Issue 7 2018 |
Authors | Nicola Rohner |
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What Are Space Resources? What Are Celestial Bodies?The Need for Refined Legal Definitions in View of Recent Regulatory Efforts Concerning Space Resources |
Journal | International Institute of Space Law, Issue 5 2018 |
Authors | Irmgard Marboe and Michael Friedl |
AbstractAuthor's information |
Recent efforts in the regulation of the use of space resources have raised controversial discussions about the compatibility of respective national legislation with international law. The situation is relatively unclear, also because key terms in this context have so far remained relatively vague and undefined under international law, including most importantly the terms space resource and celestial body. The purpose of the present paper is to examine how these terms, as they are used in the UN space treaties, should and could be defined in order to provide better guidance to national legislators and international fora concerned with the formulation of recommendations on space resources governance at the international level. In addition to Articles 31 and 32 of the Vienna Convention on the Law of Treaties, approaches and definitions used in practice by scientists, such as astronomers, astrophysicist, and engineers, will be taken into account. |
China’s first space station, Tiangong-1, returned to earth on 1 April 2018 after more than six years in outer space. This was not isolated and some of the previous return of space objects are Cosmos 854 in 1978, Skylab in 1979, Delta II second stage in 1997, MIR Space Station in 2001, Italian BeppoSax in 2003, US-193 in 2008 and ESA’s GOCE in 2013. In light of these events and its inevitably increasing frequencies, it is necessary to reflect on the international law governing the re-entry of space objects. |
Article |
Big Data Flow from Space to the EUOpen Access and Open Dissemination Policy vs. the Common European Data Space |
Journal | International Institute of Space Law, Issue 3 2018 |
Authors | Maria Elena De Maestri |
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Article |
From the Unilateral Acts of States towards Unilateralism in Space Law |
Journal | International Institute of Space Law, Issue 1 2018 |
Keywords | Unilateral acts of States, unilateralism, multilateralism, cooperation, space law making |
Authors | Tugrul Cakir |
AbstractAuthor's information |
Unilateralism has generally been considered a concept with negative connotations. It should be underscored that in some cases unilateralism has resulted in changes either to customary law or treaty law, whereas in others it has not. Consequently, not every type of unilateralism can be perceived as a challenge to Space Law. Nevertheless, we can see the risks of unilateralism when not acquiesced to or generally supported by other States. It is obvious that the multilateral process is becoming more complicated than before which complicates finding multilateral solutions in Space Law. This paper argues that a better understanding of unilateral acts is necessary before delving into the matter of the unilateralism in Space Law. |
Article |
Regulating Remote Sensing in National Space Legislation to Increase Legal Certainty on an International Level |
Journal | International Institute of Space Law, Issue 1 2018 |
Keywords | Space, Law, National, Earth Observation, Remote Sensing |
Authors | Vincent Seffinga |
AbstractAuthor's information |
Whether it is for environmental purposes, by monitoring the Earth’s forests, oceans or the Arctic, or military purposes, such as target selection or troop movements, our modern society has become increasingly dependent on remote sensing activities by satellite; one of the most extensively practised space activities. In addition to these scientific and military uses, a significant commercial remote sensing market has developed predicted to be worth between US$8 and US$15 billion by 2026. Moreover, the technological capabilities of remote sensing satellites are ever improving; for example, with the Airbus Spot 6 and Spot 7 satellites that boast a 70 cm resolution or BlackSky’s Global satellite that boasts a 1 m resolution. |
Article |
Report of the UNCOPUOS IISL-ECSL SymposiumLegal Models for Exploration, Exploitation and Utilization of Space Resources 50 Years after the Adoption of the Outer Space Treaty |
Journal | International Institute of Space Law, Issue 9 2017 |
Authors | Jinyoung Choi, Claudiu-Mihai Taiatu and Qing Zhao |
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Article |
Program of the UNCOPUOS IISL-ECSL Symposium |
Journal | International Institute of Space Law, Issue 9 2017 |
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Article |
New Space Activities and LegislationA General Overview with a Specific Reference to the Ongoing Debate in Italy |
Journal | International Institute of Space Law, Issue 2 2017 |
Authors | Marina Gagliardi, Nicoletta Bini, Cristina Marabottini e.a. |
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Article |
The Implementation of TCBMs in Outer Space ActivitiesFrom the OST Principles to the International Space Governance Action |
Journal | International Institute of Space Law, Issue 1 2017 |
Authors | Valentina Nardone |
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Article |
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Journal | International Institute of Space Law, Issue 12 2016 |
Authors | Melissa K. Force |
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Article |
Report of the UNCOPUOS IISL-ECSL Symposium |
Journal | International Institute of Space Law, Issue 10 2016 |
Authors | Nicholas Puschman |
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Journal | International Institute of Space Law, Issue 10 2016 |
Authors | Nicholas Puschman |
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Journal | International Institute of Space Law, Issue 8 2016 |
Authors | P.J. Blount and R. Moro-Aguilar |
Article |
Parliamentary Diplomacy in the United Nations and Progressive Development of Space Law |
Journal | European Journal of Law Reform, Issue 1 2016 |
Keywords | COPUOS, Legal Subcommittee, law making, agenda, working methods |
Authors | Tare Brisibe |
AbstractAuthor's information |
Recent and on-going efforts by individual or groups of states aim to organize parliamentary mechanisms and substantive issues concerning space law. The article addresses organizational matters of the Legal Subcommittee (LSC) of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) and particularly the debate between procedure and substance. The article enquires whether amending the parliamentary process can be expected to yield results in the absence of agreement to proceed on substantive matters. Whilst highlighting the achievements of COPUOS and its LSC in the progressive development and codification of space law, attention is paid to salient decisions concerning organizational matters, taken with respect to the COPUOS and its LSC spanning the period 1990 to 1999 and post 1999 to present. Analysis is undertaken of reasons for presumed decline, alongside current and future perspectives that shall influence COPUOS and its LSC in their respective law making functions. |
Article |
COSPAR Recommendations in a New Context?Environmental Aspects of Space Mining |
Journal | International Institute of Space Law, Issue 2 2016 |
Authors | Mahulena Hofmann |
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Article |
Capacity-Building of the International Legal Framework for Mitigating Consequences from Non-Operational Small SatellitesAdvancing Space Law towards NewSpace Paradigm |
Journal | International Institute of Space Law, Issue 1 2016 |
Authors | Olga Stelmakh-Drescher and Ivan Kosenkov |
Author's information |