Regras opcionais da CPA para arbitragem de disputas relativas a atividades espaciais : o melhor caminho disponível?

Abstract

Space activities underwent and continue to undergo fundamental changes. New actors and stakeholders, expansion of Outer Space use and exploration possibilities and perspectives, and the intensification of satellite technology dependence to fulfill daily basis activities, exemplify such reality. This scenario contributes and justify the increasing expansion of the Space Economy and the optimistic projections for the next years. On the other hand, most important Space Law normative documents reflects the geopolitical and technological Cold War reality, leading to gaps in sensitive matters and demanding interpretation efforts to dialogue with current issues. The mismatch between the legal framework and the present space activities, exacerbated by Space Economy high digits, highlights potentially controversial topics and promotes the debate of settlement disputes mechanisms. Dispute settlement regarding current space activities demands a closer look to parties¿ needs and to the peculiarities of the field, which emerges arbitration as a preferential mechanism mostly due to its flexibility and confidentiality features. At the same time, the present conjuncture of space activities emphasizes shortcomings on the arbitration mechanisms applied to Space Law, due to lack of jurisdiction - ratione personae and/or ratione materiae - or lack of specialization of procedural rules. For this reason, the PCA's Optional Rules for Arbitration of Disputes Relating to Outer Space Activities of 2011 stands out, Regulation that disciplines an arbitral procedure focused on the demands regarding Outer Space. Therefore, this dissertation purpose is to analyze the guidelines which integrates the PCA¿s Regulation, its applicability to the current reality of Outer Space related activities and how its application would be more or less advantageous to the litigant parties. At the end, those PCA¿s procedural rules are recognized as the best path available to the parties to solve conflicts of this nature. Regarding methodology, it was used as an approach method, the deductive one and as procedure methods applied, the functionalist and comparative. Additionally, the approach consists in qualitative research substantiated in bibliographic and documental survey.