## 3 Legal Challenges Posed by Mega-Constellations to Existing International Space Law Regime
### The Issue of Space Traffic Management
#### 3.3.2 Dispute Resolution Mechanisms within the ITU Framework  
Because the ITU lacks a compulsory international dispute resolution system for the resolution of interference complaints, these interferences continue. Article 56 of the ITU Constitution addresses dispute resolution and stipulates that member states may negotiate a settlement through diplomatic channels, follow the procedures outlined in various treaties concluded between them for dispute settlement, or use any other method that is mutually agreed upon to resolve disputes in the interpretation or application of the ITU Constitution, the Convention ([PERSON], 2020), or the Administrative Regulations (including the Radio Regulations governing space communications). Any member state subject to a dispute may resort to arbitration in line with the arbitration procedure as defined in Article 41 of the ITU Convention if none of the aforementioned means of settlement are chosen.  
The Optional Protocol on the Compulsory Settlement of Disputes relating to the ITU Regulatory Regime ([PERSON] et al., 2020) satisfies Article 41 of the ITU Convention for member states. The provisions mentioned herein and in the Optional Protocol have never been used, thereby resolving all harmful interference issues according to Article 15 of the ITU Radio Regulations. Under this provision, a case of harmful interference is resolved exclusively through bilateral negotiations between the concerned administrations under the obligation of good will and mutual assistance in the application of the ITU regime provisions. All stations, regardless of their intended use, must be set up and run so as to avoid detrimentally interfering with other members' communications that also involve a radio service and that comply with radio regulations ([PERSON], 2020). Moreover, it is prohibited for any station to transmit superfluous signals or unnecessary signals, and transmitting stations are only allowed to radiate as much power as is necessary to ensure an adequate service ([PERSON] et al., 2020). Despite the above,there is still a risk of frequency jamming, particularly for national and international security, because it is viewed as hostile or a warlike act. The fact that frequency jamming has been linked to both military and commercial satellites [62] further demonstrates the ITU's lack of authority to enforce its rules, regulations, or procedures or to impose punishment on military satellites unless they provide nonmilitary services; however, they are bound by ITU regulations. This means that, while the voluntary compliance strategy has proven successful over the years, the deterrent component of a law is conspicuously absent. With the rise of numerous mega-constellations, it is highly doubtful whether the voluntary compliance quality will be effective given the increased competition for the already scarce resources.  
Therefore, for purposes of addressing this issue, the ICJ, as well as the permanent court of arbitration's optional rules for the arbitration of disputes relating to outer space activities, can be employed.