1,721,125 research outputs found
Lehre des Internationalen Rechts im deutschsprachigen Raum – Herausforderungen und Entwicklungspotentiale
No full textLegal Aspects of the Future Institutional Relationship between the European Union and the European Space Agency
No full textApproches to investment protection outside of specific international investment agreements and investor-state settlement
No full textBilateral Investments Treaties are currently the main instrument of protection for foreign investors. There are, however, other types of treaties relevant for ensuring definite rights to foreign investors even if not focused on investment protection, most of them predating BITs. This is the case of treaties of Friendship, Commerce and Navigation (FCNs) typically entered into by the U.S.A., or Consular and Establishment treaties, some of them going back to the XIX century. Their relevance appears to be residual in comparison with the elaborate substantive and procedural provisions of BITs, on the other hand since many of these treaties are still in force, often between countries which are not bound by reciprocal BITs, they may still be of value, as confirmed by various recent cases in which they were resorted to through diplomatic protection by the home countries of aggrieved investors as the sole available international means of redress. Another avenue, distinct from invocation of the BIT by a protected foreign investor itself through direct arbitration against the host State, is its invocation by the home country in diplomatic protection of aggrieved national investors against the host country in a State to State arbitration. This is provided in BITs but rarely resorted to. On such case is a recent dispute between Italy and Cuba, where Italy espoused the claims of several Italian investors against Cuba in direct State-to-State arbitration pursuant to art. 10 of the BIT of 1993 between the two countries. A common feature to all these different avenues is the resort to diplomatic protection of aggrieved investors by their home State against the host State, whether a claim is pursued by diplomatic means as was the case of the Italian- Swiss dispute of 1991-1992, or by adjudication, such as in the ELSI case.
Through the examination of the treaty provisions invoked in the above mentioned cases, of the procedural
features of each of them and of the outcomes the chapter intends to contribute to a better understanding of available options and their respective value, highlighting the differences from recourse to direct arbitration by the
foreign investor concerned under a BIT
The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies
No full textThe Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the ‘Moon Agreement’, hereinafter MOON) is the fifth international agreement negotiated under the auspices of the United Nations concerning human activities in outer space. It was adopted on 5 December 1979 by the Resolution 34/68 of the United Nations General Assembly (UNGA), opened for signature on 18 December 1979 and entered into force on 11 July 1984. Although adopted in 1979 by consensus in UNCOPUOS and then as a resolution in the UN General Assembly, it has not attained widespread support among major space-faring States nor in the broader international community. Even if one takes into account that the limited financial and practical realistic possibility for many countries to participate in a Moon mission, the interest in this treaty could derive from its general advantages. To date, only 15 States have ratified the treaty which is much lower than the number of States Parties of the other UN space treaties which is currently in the order of 50 to 100
The Era of Globalisation as a Challenge to International Law
Get PDFThe author explores the effects of globalization on international law. Considering the technological advancements of the 20th century propelling globalization, the Article first recounts the history of international law from independent nation-state sovereignty to an international law of cooperation. Next, the author discusses the roles that nongovernmental organizations and other non-state actors play in international law, and how sources of international law may result. Finally, the author concludes that international law must undergo fundamental changes to adapt to a new globalized international system
New perspectives for the making of space law : UNIDROIT’s Cape Town approach compared with traditional UNCOPUOS law-making
Get PDFThesis (LLD (Public Law))--University of Pretoria, 2022.The United Nations Committee for the Peaceful Uses of Outer Space (UN and UNCOPUOS) drafted the five outer space treaties in little more than a decade and thereby created a completely new specialisation in international law. This of course happened when states and state agencies were the only participants in the use and exploration of outer space. Since then, new non-governmental actors have entered the space market, aspects of which were privatized and commercialized. Yet, despite the pressing need for international legislation, UNCOPUOS since 1979 has proved incapable of producing another treaty on space law.
The author examined why the UNCOPUOS, established to make international law of outer space, stopped making outer space treaties, and how did the International Institute for the Unification of Private Law (Institute International pour l’unification du Droit Privé or UNIDROIT), a non-UN entity established to unify private law, created with its 2012 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets (Space Protocol) what is allegedly the first outer space treaty in (then) 32 years. The UNCOPUOS system of public international law treaty-making is compared with the UNIDROIT private international law one; and the question as to whether UNIDROIT has created a new method of treaty-making, is addressed.
The conclusions are that a functioning space law regime exists, hard law is preferable to non-binding soft law, UNCOPUOS cannot produce any further outer space treaties, the Space Protocol can only form part of space law if one accepts a fourth stage of development of space law as part of a redefining of space law sensu lato, UNIDROIT’s Cape Town Approach is more suitable to modern space law treaty-making, and treaty-drafting is a special art of the international lawyer.Public LawLLD (Public Law)Unrestricte
The role of the International telecommunications Union in outer space spectrum management with respect to developing nations
Get PDFMini Dissertation (LLM)--University of Pretoria, 2019.From the remarks made by the then Secretary General of ITU, one envisions the possibilities of a truly connected world and upholding of tenets prescribed in the Outer Space Treaty of 1967, which provides for all of outer space, including the Geostationary orbit, as the province of all mankind, to be used for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development.2 On the backbone of ‘connecting the world’ is the scarce resource, spectrum, which is managed and allocated to states by the International Telecommunications Union (ITU). The demand for radio-based applications has been growing in line with the increasing mobility across the globe. Radio spectrum is a major global asset contributing substantial value to economies of states, whether big or small, and underlines critical aspects of their citizens’ lives. Radio communications is critical to areas such as air travel, emergency services, telecommunications, sound and television broadcasting, military defence, space research and other scientific activities
Spectrum plays a very critical role in the economic development of any society as it brings connectivity, it even plays a critical role in developing economies as it serves in bridging the existing “digital divide”. However, this precious commodity is a scarce resource, the available radio spectrum is limited.4 The rapidly changing environment of electronic communications, impressive technological progress, convergence and changing habits of end-users’ consumption is creating pressure for existent spectrum as well as its regulation and management. This has necessitated the need for managing a new, previously unused, international resource – the satellite spectrum/orbit., which is becoming increasingly crowded. At the same time, the increasing use of lower Earth orbits is further increasing the need for international coordination. ITU plays a crucial role in ensuring that operators’ multimillion dollar satellite systems operate smoothly throughout their lifetimes, delivering services to billions of people without interfering with each other.
The space-faring states are demanding more spectrum as they increase activities in outer space due to technological advancements, however, at what cost to the non-space faring states. At the same time the ITU is burdened with the responsibility of trying to harmonise the use of spectrum bands across the globe between the space-faring and upcoming non-space faring states, mainly the developing countries. The objective of this research is to ascertain whether, given the rapid technological changes being experienced across the globe, the ITU is still sufficient in its current state, to adequately manage and regulate the allocation of spectrum to all states, maintaining the true spirit of the principle of ‘province of all mankind’. Bearing in mind the ever increasing demands of advanced economies over the gradually increasing demands of developing economies and the concept of geostationary orbit being for the benefit of all countries irrespective of their degree of economic or scientific development. countries’. It is against this background that this thesis seeks to address the following question “The role of the International Telecommunications Union in Outer Space Spectrum management with respect to developing nations”.
The author will tackle this research through a quantitative lens, making use of the desktop methodology because of the nature of the research topic. A significant amount of reading will need to be done around the legal framework governing the ITU with regards to space technology. This thesis is mainly based on secondary data, retrieved from official documents, reports, news articles, academic papers and books. The research will take upon the characteristics of being critical to current legislative frameworks as well as the role of the ITU in the management and allocation of spectrum. It will be essential for the author to look at the historical legislature and how it has gradually progressed into what is currently obtaining. The thesis will take a critical approach in order to interrogate the relevance of the ITU in today’s modern era in light of the provisions of the Outer Space Treaty and the various ITU regulations particularly the ITU Convention; ITU Constitution and the ITU Radio Regulations in spectrum management and allocation including the position of developing states.Public LawLLMUnrestricte
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