Dr. Jan Frohloff on Arbitration in Space Disputes
Dr. Jan Frohloff gave a lecture on Arbitration in Space Disputes. The lecture was structured into four parts: (i) definition of space, (ii) space industry, (iii) space law, and (iv) space arbitration cases.
Dr. Frohloff mentioned that there are no internationally defined borders of outer space but there are many theories to define it. Regarding the space industry, he addressed the commercial use of outer space, such as telecommunications, navigation, and mapping, and the growing involvement of satellites and private actors.
The interesting part regarding the space law was the timing of the Outer Space Treaty (“Treaty”), which was signed in 1967, two years before the first Moon landing. Dr. Frohloff explained that the reason behind this timing was fear, as the states were concerned that once a country landed on the Moon and planted its flag, the state could claim the Moon as part of its sovereign territory. Foreseeing the issue, the Treaty introduced the non-appropriation principle, which ensures that outer space and celestial bodies cannot become national property. The Treaty also regulates principles such as peaceful use, freedom of exploration, and rescue of astronauts.
Dr. Frohloff mentioned that one of the significant problems with the Treaty is that private actors cannot bring claims on their own. For example, even if a company is harmed, the claim must be made through its State, which results in the question whether the process will be carried out or not based on the uncertainty of the political stance of the related states. This is one of the reasons why very few space disputes reach formal proceedings. When it comes to arbitration, Dr. Frohloff emphasised that there is still almost no case law, and that disputes rarely reach tribunals. Instead, parties mostly resolve conflicts through settlement, often influenced by political and strategic considerations and concerns about confidentiality.
- Günce Güneş Ceylan, IDR LL.M. Candidate, Class of 2025/2026