Satellite Communication and Dispute Resolution


CALL: 2013

DOMAIN: SC - Societal Challenges

FIRST NAME: Mahulena

LAST NAME: Hofmann



HOST INSTITUTION: University of Luxembourg


START: 2013-05-23

END: 2013-05-25


Submitted Abstract

International Workshop “Global Governance of Satellite Communication”In May 2002, an initial international Workshop on the Regulations of Space Communications was held in Luxembourg. It has not only confirmed that space communication has crucial significance in today’s social and economic life, but also the importance it plays in Luxembourg. The results of the workshop are basis of a publication which is prepared for the print in these days. During this initial workshop which was – methodically – devoted also the search for the potential of a future research – several general issues came intensely to the discussion: What are the specifics of the legal order of the major player in this area, the International Telecommunication Union? How is it connected with the general international law? What roles are playing general international legal regulations, such as the UN Vienna Convention on International Treaties, in the drafting of legal rules and their implementation by the ITU and the Member States? What is the structure of international negotiations in the framework of the ITU? What roles play regional organizations, such as the European Union, how and on which legal basis is the EU developing its competence towards the EU Member States?It appeared that a thorough systematizing research of these issues is missing: Present publications take these problems into account but do not offer any historical, contextual, comparative and interdisciplinary research. This negative outcome is an excellent starting point for a series of future research projects which would lead to a systematic analysis of the legal and regulatory framework of space communication. The proposed, 2nd Luxembourg workshop on regulations of space communication has the title “Global Governance of Satellite Communication”. Its program is composed from four parts which proceed from general to concrete issues. The reason of this method is to enable to analyze general issues which remain valid for future generations, but also to enable the discussion on specific, open issues stemming from the current situation, and to offer an interdisciplinary platform which proved to be successful last year. The first and most general part of the program is devoted to the international perspective of satellite communication: It should analyze the relation of the ITU-legal framework to general international law and examine the specifics of the ITU system – the extensive involvement of non-State actors in the ITU legislation process, the role of consensus during the legislation and the very specific speed of modification of ITU legal rules.The second block is devoted to the development of regional arrangements in relation to space communication: It examines the growing competence of the European Union and the tension between the European Commission and the Member States, it deals with the jurisprudence of the European Courts in the question of communication as human right, and enlarges the European perspective by the comparison with the African regional telecommunication structure.The third part observes space communication from the national, especially Luxembourg´s perspective. It examines the role and legal status of the National regulatory authority in Luxembourg, analyses the possibilities and progress in drafting the national space legislation in Luxembourg, and devotes the question of its relation to the EU Commission in respect of ITU negotiations. The fourth block has a specific function – to enable international discussion on current topics: The issue of control in respect of content of communication is a topic intensively discussed at the 2012 World Radio Administration Conference; the issue of competence of the ITU vis a vis internet is a highly disputed legal issue. The results of the workshop are intended to be published.

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