Law Commons^™

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag

All Papers

On April 3, 2019, Andrea and Attila Kiss tried to board an Air Canada Rouge flight from Budapest to Toronto. Andrea’s sister was ailing, and the couple planned to visit Canada for two months to support her family. Their travel was legitimate and lawful. Their documents were in order. But when they lined up to check in, Andrea made a mental note of a fact that was about to become relevant: as members of the Hungarian Roma community, they were the only racialized people in line.

Andrea and Attila did not reach the check-in counter. They were stopped and pulled …

Geopolitics Of Outer Space, Francisco Del Canto Viterale

AI Assignment Library

This course uses reading critique as a pedagogical technique for analyzing articles and papers. The main purpose of this assignment is to allow students to learn how to respond critically to source materials, which requires the ability to both summarize and evaluate a presentation of information. In the space domain, where there are many national, corporate, and group interests, the ability to examine and evaluate different perspectives, identify arguments and positions, and form one’s opinion are critical skills. The purpose of this assignment is to help you practice some of these skills that are essential to your success in your …

Romano Named A Rumsfeld Graduate Fellow, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

James Romano’s interests are out of this world. The 2L at the Indiana University Maurer School of Law is intrigued by the futuristic sounding concept of space law, but is quick to note that there’s nothing futuristic about it.

“More private companies are rapidly entering space,” Romano said, “and I’m deeply interested in the question of ‘What does the future of space look like?’”

While Romano’s focus may be directed upward, his trajectory on Earth is quickly ascending.

Romano is one of 14 scholars selected as a Rumsfeld Foundation Graduate Fellow for 2023-24. The fellowships, named in honor of the …

Drones Across The World: Laws And Policies, Sarah Nilsson

OER Main

Navigating the world’s drone and advanced air mobility laws is a daunting but critical task if you are in the aviation industry. Hence the need to formalize the relevant material and create this eTextbook (webbook). While still copyrighted content, it is freely distributed worldwide under a Creative Commons, non-commercial, and non-derivative license. This webbook is structured the way the United Nations views the globe, in 6 main areas, Northern America, Latin America and the Caribbean, Oceania, Europe, Asia, and Africa. It is easily searchable by country if used as a reference guide. This webbook has an interactive design with hyperlinks, …

Pre-Check Security Processes In Selected Brazil Airports- Changes And Gains, Camila Miliani, Fabio Sanches, Jonatta Haniere, Rodrigo Cortes, Tais Gargano, Vanessa Reis

Student Works

The recommendation of this Research Project is to implement the precheck program at 10 Airports in Brazil with more than 5 million passengers a year. The passengers’ satisfaction, security improvement and OPEX savings would be a reality.

The expectation of OPEX savings at these 10 Airports are R$ 3.360.000,00 per year, (US$ 634.000,00) due to the possibility of using the current infrastructure and yet, reduce one Protection Agent per inspection module, per airport.

The research topic was to understand the feasibility of implementing the precheck security process in Brazil Airports. Using the U.S. benchmark, and the current Brazilian legislation, GYN …

Certification Basis For A Fully Autonomous Uncrewed Passenger Carrying Urban Air Mobility Aircraft, Steve Price

Student Works

The Urban Air Mobility campaign has set a goal to efficiently transport passengers and cargo in urban areas of operation with autonomous aircraft. This concept of operations will require aircraft to utilize technology that currently does not have clear regulatory requirements. This report contains a comprehensive analysis and creation of a certification basis for a fully autonomous uncrewed passenger carrying rotorcraft for use in Urban Air Mobility certified under Title 14 Code of Federal Regulations Part 27. Part 27 was first analyzed to determine the applicability of current regulations. The fully electric propulsion system and fully autonomous flight control system …

Law School News: Rewards Of The Road Less Traveled 10-13-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

The Artemis Theory Of Warfare, Mark J. Sundahl

Law Faculty Articles and Essays

Outer space, long the province of peaceful competition and international cooperation, is being rapidly militarized. We stand today at a rare inflection point in history that deserves careful thought as humanity moves forward. In short, we face the following choice: we can either protect and build on the special nature of space norms and customs to preserve space as a “laboratory of peace,” or we can militarize space as the new “highest ground” under largely the same rules that govern terrestrial warfare. The sad reality is that our history, being inextricably linked to warfare, predicts that the dream of a …

Navigating The Structural Coherence Of Sea Life, Aldo Chircop, Philip Steinberg, Greta Ferloni, Claudio Aporta, Gavin Bridge, Kate Coddington, Stuart Elden, Stephanie C. Kane, Timo Koivurova, Jessica Shadian, Anna Stammler-Gossmann

Articles, Book Chapters, & Popular Press

Ice breaking by ships can cause irreparable harm to the ecologies and cultures of northern regions. This chapter revolves around a central question: what are the barriers preventing the development of a legal mechanism to limit this act of environmental violence? The chapter suggests that the central barrier is not so much legal as it is ontological: foundational conceptions of space that underpin Western legal institutions are unable to value the form of water, reducing it instead to an ed space that is used for movement or resource extraction. This chapter demonstrates how a consideration of the environmental violence of …

Changemakers: Rewards Of The Road Less Traveled: Dylan Collins, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Evaluating The Progress Of The Liberalization Of International Aviation Toward Open Skies, Tyler B. Spence, Daniel Friedenzohn, Steven M. Leib

Publications

The United States has engaged in well over 100 Open Skies Agreements with other ICAO member state partners reaching all parts of the globe. These Open Skies Agreements have established a practice of liberalization for airlines to have the most freedom to choose when, where, how often, and for how much they fly to locations. Despite a majority of ICAO member state partners engaging in Open Skies, there has been a reluctance of the member states to engage in the same practices with other aviation partners for similar access. A similar pattern is also evident for liberalization through the Freedoms …

The Potential Impact Of A Voluntary Non-Punitive Self Report Program Under The Scope Of The Brazilian Civil Aviation Authority, Audrey Gonzalez, Bráullio Amaral, Felipe Piton, Laércio De Araujo, Marcelo Marcusso

Student Works

The key recommendation from this study is to purpose the Brazilian National Civil Aviation Authority evaluation over the implementation of a new voluntary and non-punitive safety reporting program, with a different scope from the current one. The voluntary self-reporting programs in place in the USA, Europe and Australia should be used as a regulatory reference and the program development and implementation should be executed in close coordination with the different industry stakeholders.

To access if the current Brazilian State Safety reporting system meets ICAO requirements, the researchers accessed pertinent aviation safety regulatory legislation. Additionally, to access if the current Brazilian …

Biden Administration U.S. Space Force Policy Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …

Full Spectrum Space Deterrence: From Laws To Technology, Joshua Carlson

Honors Theses

Conflict in space is becoming an ever-real possibility, with the potential of rendering the space completely useless for future generations. Current talks are centered around limiting or preventing any weapons deployed to space, but this is not the most effective way of dealing with the issue. The focus should shift to agreeing on how nations should act responsibly in space together instead of preventing nations from acting at all. The best way of accomplishing this goal is by improving satellite design, creating agreed upon and understood rules of engagement, fostering widespread cooperation between nations, and choosing not to be the …

Digital Disruption Solution For Airlines In Brazil, Camila Bisinoto Borges, Cristiane Lunardi Das Neves Rodrigues, Daniel Dias Landroni, Tatiane Mendonça, Leila Halawi

Publications

Since March 2017, the cost of denied boarding began to draw all Brazilian airlines' attention because of the Resolution 400 of the Brazilian National Civil Aviation Agency. This Resolution covers several items, but we will focus on the penalty that the airlines need to pay for each passenger who had his boarding denied involuntarily in domestic flights. Our goal is to create a plugin that any airline could use in their self-service check-in channels and direct communication with the passenger. It could also become a way to offer proactive accommodation options and monetary compensations due to itinerary or ticket schedule …

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. Space Law versus the Law of Armed Conflict ... A. The Essentials of Space Law … B. Space Law and the Threat or Use of Force in Outer Space … C. The Essentials of the Law of Armed Conflict ... D. The Law of Armed Conflict and the Threat or Use of Force in Outer Space

III. Conflicts of Application: A Few Key Examples ... A. Unraveling the Prioritization Issue: The Lex Specialis and Lex Posterior Principles ... B. Unraveling the Prioritization Issue: The U.N. Charter and Treaty Interpretation ... C. Unraveling the Prioritization Issue: Pacta Sunt …

Drone Law: Legal Research Basics And Sources, Kincaid C. Brown

Law Librarian Scholarship

Drones, legally called “unmanned aircraft systems” (UAS), are primarily governed by federal law with some aspects overseen by state and local law. The system includes the aircraft itself and its associated elements for communication and operation. This article discusses the basic framework of federal and Michigan law governing UAS.

Who Owns The Skies? Ad Coelum, Property Rights, And State Sovereignty, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

In light of the history of the doctrine of ad coelum, as well as the states’ preeminent role (secured by the Tenth Amendment) in regulating property and airspace up to the 500-foot level, it is remarkable that the federal government has begun to claim that it controls everything above the blades of grass. This chapter challenges those statements, demonstrating that history and law establish that property owners, and the states, control the airspace adjacent to the land.

U.S. Government Military And Space Force Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Established in 2018, the U.S. Space Force is the newest branch of the U.S. military. The reality of space as an arena for international geopolitical and military competition has been around for decades in scholarly literature. This presentation will examine recently published and publicly accessible U.S. Government and military literature on Space Force. These works examine various economic, military, and political aspects of this entity and how it may affect U.S. national security policy in years to come.

Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman

Libraries Faculty and Staff Presentations

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy, which invite expert witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, …

Aircraft Rescue And Fire Fighting Capabilities: Are Today’S Standards Protecting Passenger’S Futures?, Kaetlyn Blocker

Student Works

Few studies have been conducted that have truly considered the relevance and inadequacies of applicable aircraft rescue and firefighting (ARFF) regulations. Fewer still have studied and explored accident cases that directly exemplify the deficiencies and inconsistencies of various regulatory standards and requirements. This study seeks to expose and explain those inadequacies by utilizing a historical, case-study type research method to examine accident cases during which time the governing regulations played a significant role in the ARFF operations. The findings discovered as a result of this multi-case analysis provide evidence that the current regulations governing United States ARFF operations are both …

Legal Issues For Blockchain In An Environment Most Unkind, Tyler Kirsch

Blockchain Law

SpaceChain is looking to use an operating system based in blockchain for two purposes: first, it can be used to allow a constellation of satellites to communicate; and second, it can be used to ensure compliance to the rules set for the constellation.27 If a group of satellites launch with a smart contract that states both the purposes of the constellation parts and whole, outcomes can be coded into the satellites for compliance purposes.

SpaceChain is hoping, through the use of this OS, to make an “agnostic” jurisdiction. By this, SpaceChain is looking to not build a traditional jurisdiction, but …

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees, including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy which invite witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, except …

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

Space, Cyber, And Telecommunications Law: 2019-2020 Annual Report, Matt Schaefer, Justin Hurwitz, Jack M. Beard, Frans Von Der Dunk, Elsbeth Magilton

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In assembling this Annual Report we appreciated the opportunity to review major accomplishments and growth of the Space, Cyber, and Telecommunications Law (SCTL) program during the 2019-2020 academic year. Of course, this was a year like no other as we responded to an unfolding global pandemic. We are proud of what we accomplished prior to that and of our response in the face of that sudden change. For readers unfamiliar with the program, the SCTL program was established in 2007 largely in response to interest by the U.S. Air Force in establishing a U.S. based program in space law to …

Scoping National Space Law: The True Meaning Of “National Activities In Outer Space” Of Article Vi Of The Outer Space Treaty, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities,” has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of “national activities by nongovernmental entities” should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret …

Deadly Drones? Why Faa Regulations Miss The Mark On Drone Safety, Steve Calandrillo, Jason Oh, Ari Webb

Articles

A rapidly growing commercial drone industry has prompted the introduction of numerous regulations governing American airspace. Congress has tasked the Federal Aviation Administration (FAA) with “developing plans for the use of the navigable airspace to ensure the safety of aircraft and the efficient use” of American skies. While well-intended, the FAA has departed from Congressional will by imposing an excessive regulatory regime that threatens to stifle drone technology and innovation. In fact, many FAA regulations fail to address the very problem they seek to fix, namely the safety of our airspace. The unfortunate result is that myriad scientific and pragmatic …

Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy

Law Faculty Articles and Essays

This Article argues that despite the existence of some open questions regarding fine points in the law and the unlikelihood of a new treaty regulating lunar activity, investors (of whatever type, whether public or private) should not be deterred due to any concern about the state of the law. The current regulatory process to launch a vehicle and operate a payload may be “clunky” in places, but it is not unduly burdensome. While there is plenty of debate about regulatory reform, it is a debate about how to improve the existing system—not necessarily to fix it. In other words, existing …