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Full-Text Articles in Law

Procedure For The Protection Of Civil Aircraft In Flight, Sompong Sucharitkul Jan 1994

Procedure For The Protection Of Civil Aircraft In Flight, Sompong Sucharitkul

Publications

This Article will propose rules, principles, and guidelines for nations to follow in order to protect civilian aircraft. Nations that destroy civilian aircraft must be held responsible for their actions regardless of whether the destruction was intentional. Two recent, notorious incidents stand out that require public attention and further in-depth investigation. This Article is intended to explore effective ways to prevent repetition of such incidents in the future and the litigation that frequently ensues.9 Accordingly, this Article will discuss two competing principles of international law: (1) possible intrusion of national territorial airspace; and (2) possible misreading of the path of …


Commercial Space Activities: An Inventory Of Liability - An Inventory Of Problems, Frans G. Von Der Dunk Jan 1994

Commercial Space Activities: An Inventory Of Liability - An Inventory Of Problems, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Wherever commercial activities are undertaken, the question of liability for harmful effects of those activities to others is one of the first things to come to a lawyer's mind. With space activities of course, as long as endowed with commercial character, it is no different. Nevertheless, the special character of space activities as a category and space as an area, reflected in the corpus juris spatialis which has developed over the past decades as a lex specialis to the lex generalis of general public international law, provides this question of liability with a number of special features when regarded in …


Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price Jan 1994

Toward A Unified Theory Of Products Liability: Reviving The Causative Concept Of Legal Fault, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

This paper explores the concept of "causative" fault – with an emphasis on proximate and actual cause – as a substitute for modern strict liability.