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우주법상 분쟁해결방안

원문정보

Dispute Settlement in International Space Law

조홍제

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초록

영어

As the commercial and military use of space has increased since the former Soviet Union launched the first artificial satellite, Sputnik, in 1957, so too has the possibility of disputes risen greatly. This research study reviews the UN Charter, current relevant Space law, and trends of dispute settlement, in search of an adequate and equitable dispute settlement mechanism. Dispute Settlement in Space Law is imperfect as a legal institution because of a total absence of general procedure enforcement; unique in an environment which is of such great interest to both developed and developing space nations and is characterized by questions of such a professional or technical nature. Disputes under Space Law should be settled peacefully in accordance with general principles governing international disputes. The principal of peaceful settlement of disputes is an international norm establishment in the 20th Century and confirmed in Article 2 of the UN Charter. In addition, however, it is necessary to establish a professional dispute settlement regime similar to that found regulating the world’s oceans, because of the professional and technical nature of dispute in Space activities. This should build upon existing diverse measures for the flexible settlement of disputes in Space.

목차

Ⅰ. 서 론
 Ⅱ. 현행 우주법상 분쟁해결절차
  1. UN 헌장
  2. 국제사법재판소(ICJ)
  3. 국제우주법
  4. 다자간 협정과 기구
 Ⅲ. 우주분쟁 해결을 위한 노력
  1. UN
  2. ILA의 우주 분쟁해결에 관한 협약 초안
 Ⅳ. 우주법상 분쟁해결 방향
  1. 평화적 해결원칙
  2. 전문적 기구에 의한 해결원칙
  3. 선택적 해결원칙
 Ⅴ. 결 론
 참 고 문 헌
 

저자정보

  • 조홍제 Cho, Hong-Je. 국방대학교 안보문제연구소 전문연구원, 법학박사.

참고문헌

자료제공 : 네이버학술정보

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