On The Construction Of The Mediation Mechanism For International Commercial Cooperation Disputes On The Chinese Space Station

Since the 19 th century,mediation has been used as an alternative dispute settlement method in the settlement of inter-State disputes and international commercial disputes because of its flexibility,low cost,high efficiency and the maintenance of friendly relations.In order to adapt to the international situation,the Permanent Court of Arbitration and the International Convention on Settlement of Investment Disputes(ICSID)provide for conciliation rules,in particular the Singapore Conciliation Convention,which provides the basic enforcement basis for the cross-border enforcement of conciliation agreements and enhances the status of conciliation as a specialized dispute settlement mechanism in international dispute settlement.At present,there is no special dispute settlement mechanism for various types of disputes in outer space,but the parties to disputes in outer space activities have begun to choose to resolve outer space disputes through mediation.In the process of development,the International Space Station has expanded the scope of participation of outer space subjects,and in addition to States,private entities can also participate in outer space activities.In the process of commercialization of the space station,the international commercial cooperation content is very extensive,covering the installation of the space station activity module,the transportation of experimental personnel and achievements,and the aspects of outer space tourism,and will continue to expand the development of the space station market in the future.In the context of the commercialization of outer space,the international commercial cooperation of the Chinese space station has broad prospects,as China has a complete jurisdiction of the outer space experiment platform,the state,international organizations,private entities can not only expand the experimental module through international commercial cooperation,but also cooperate to promote space manufacturing,medicine,biological engineering and other experiments.The international commercial cooperation of the Chinese space station pursues the goal of ensuring that both the state and private entities benefit from the commercial cooperation on the space station and achieve a "win-win situation".Disputes arising from international commercial cooperation on the Chinese space station have three characteristics: internationality,commerciality,and outer space,so the nature of outer space disputes is different from that of traditional outer space disputes.At present,the settlement mechanisms for outer space disputes in international law are stipulated in international conventions,mainly including mediation,arbitration,judicial and other methods.Mediation is more flexible and efficient than arbitration and judicial methods,and is frequently used in the field of international investment and international commerce compared with the field of outer space,and provides a reference for the construction of a mediation mechanism for international commercial cooperation disputes on the China Space Station by analyzing the main mediation rules in the field of international investment and international commerce.In the process of building a mediation mechanism for international commercial cooperation disputes on the China Space Station,it will face two dilemmas.First of all,the international mediation rules are targeted,mainly based on international investment and international commercial cooperation,and cannot be directly applied to the international commercial disputes of the space station.Secondly,it is difficult to implement international commercial mediation agreements under China’s current legal system,and the professional quality of mediators needs to be improved.The path of building a mediation mechanism for international commercial cooperation disputes on the Chinese space station is mainly three points: establishing the "principle of common interest" as the primary principle of the mediation mechanism;creating mediation procedural rules by drawing on the main mediation rules in international disputes;establishing a special space station commercial dispute mediation institution,and cultivating a professional mediation team.