Dubai is planning the creation of a "space court" to settle commercial disputes related to space activities. This announcement comes as the United Arab Emirates (UAE) strengthens its presence in space.
In the 1960s, the potential militarization of space led several countries to draft and sign the United Nations Outer Space Treaty (1967 ) . This document then made it possible to lay the legal foundations for space exploration, in particular prohibiting the placing of nuclear missiles and weapons of mass destruction (WMD) in Earth orbit.
Since then, the situation has changed. The “space field” is no longer exclusively reserved for public actors, now involving more and more private commercial companies. The leaders of the United Arab Emirates have therefore decided that it is time to put in place a new legal environment to meet the new commercial requirements.
In this spirit, the latter announced on Monday the upcoming creation of a "space court" based at the Dubai International Financial Center (DIFC Courts). Created in 2004 to settle disputes between companies and/or investors, this structure is governed by a British-inspired judicial system, based on Common Law and in English. It is therefore a system independent of the law of the United Arab Emirates.
“The Space Court is a global initiative that will run alongside (space activities), helping to build a new network of judicial support to respond to the stringent commercial requirements of space exploration “, said Zaki Azmi, President of DIFC Courts.
Why now? In fact, the United Arab Emirates is taking more and more space in the space sector. After sending its first astronaut into space in 2019 , remember that the country last year launched a probe to Mars , christened Hope. His arrival is scheduled for February 10. Placed at an altitude of around 40,000 km, it will then aim to study the Martian atmosphere and climate . Recall that the UAE also has lunar objectives.
Also, all these ambitions have "opened our eyes" to the fact that "the Emirates need proper infrastructure, clarity and security (legal ) in case of disputes related to space activities" , explained to AFP Amna Al-Owais, chief clerk of DIFC Courts.
According to the Emirati official, companies and institutions in the country, but also abroad, will be able to appeal to this court. “The Court will apply the law of their choice, whether French, British or otherwise. It doesn't have to be UAE law “, she clarified.
