Law Commons^™

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Airline Liability For Loss, Damage Or Delay Of Passenger Baggage, M. R. Franks

ExpressO

The article discusses remedies and methods of enforcing airline liability for loss, damage or delay of passenger baggage. The article includes a discussion of the law as it relates both to domestic flights and to international flights where passenger luggage is lost, damaged or delayed. The article includes a discussion of the Warsaw Convention as it relates to international flights and of the Federal Aviation Regulations applicable in the case of domestic flights.

Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Creating A Framework For A Single European Sky:The Opportunity Cost Of Reorganising European Airspace, Niall Neligan

Articles

The object of this article is to critically evaluate the legal framework for a European Single Sky project in light of the recent European Court of Justice decision in International Air Transport Association v The Department of Transport. The article will examine in detail the framework regulations outlining the major provisions from the recommendations of the Commission's High Level Group in 2000, to the implementation at a micro-level by national authorities of the legislation adopted in 2004. Furthermore, this article will examine whether the savings to air service providers from the Single European Sky project in the long term will …

The Military Ascent Into Space: From Playground To Battleground--The New Uncertain Game In The Heavens, Jackson N. Maogoto

ExpressO

This article seeks to bring to light the various aspects pertaining to the militarization and weaponization of space. It will give an overview of initiatives by the space-faring nations in developing space weaponry, discuss the space law regime and in particular expose its defects in effectively addressing space warfare. It will then proceed to generally juxtapose space warfare with the U.N. Charter regime on the use of force. The article exposes various questions, but does not seek to undertake the ambitious goal of supplying solutions; after all, as the article will demonstrate, the problems are readily evident, but the solutions …

Intellectual Property Resources In And For Space: The Practitioner's Experience, Gary Myers

Faculty Publications

Today, our inquiry is timely because, increasingly, intellectual property law is becoming more important in space activities. The increasing sophistication of international cooperation and the growth of commercial and private space activities have brought intellectual property issues to greater prominence.

Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan

Articles

The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …

Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article has as its central theme the decentralization of the state’s control over legitimate military force with the consequential diffusion of governmental control that stands to fragment state sovereignty. It argues that the increasing centrality of PMFs to the prosecution of war is creating a changed national security landscape with PMFs increasingly influencing governmental policy both overtly and covertly. PMF heads many of whom are former high ranking military and civilian personnel now advise governments and in some cases sit on government advisory boards. Additionally they also offer governments a conduit for pursuing covert foreign policy aims and circumvention …

Gaming For “Good Governance” And The Democratic Ideal: From Universalist Rhetoric To Pacific Realities Seen Through A Fijian Microscope*, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article canvasses the international rubric and dynamic that informs the democracy and good governance crusade before moving the discussion to a regional setting targeting Pacific Island Countries with Fiji as a case study. It seeks to argue that democratic experimentalism, not the so-called “McDonaldization” (globalization as homogenization) of the world, is important. This is based on the premise that “McDonaldization” minimizes the complex way in which the local interacts with the international. The efficacy of democratic experimentalism is that it acknowledges that rights are not based on first principles, but that, they are inevitably socially constructed and historically contingent, …

Information Warfare: The Legal Aspects Of Using Satellites And Jamming Technologies In Propaganda Battles, Mark J. Sundahl

Law Faculty Contributions to Books

This paper examines the right of states to broadcast propaganda by satellite in times of war. In exploring this issue, the author addresses the hypothetical question of whether a state may use DBS technology to broadcast a commercial news program, such as CNN, into an enemy state in wartime as part of a larger campaign to win the support of the civilian population. The author begins by establishing that that the consent of a receiving state is required prior to such broadcasts, whether in peacetime or in times of war. This requirement of "prior consent" is the only restriction of …

Fundamental Provisions For National Space Laws, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Whilst national space laws currently are a 'hot' topic in general discussions on space law and policy, and rightly so, one should never lose sight that 'national space law' is not something self-evident or nature-given. In each case there is a general need to justify any efforts and resources inevitably required for establishment to start with, then continuing adaptation and implementation, of a national space law. From that perspective, the present paper tries to answer three questions that are of paramount importance. Firstly, why do we need or want national space laws in the first place? Secondly, the question follows …

Space For Tourism? Legal Aspects Of Private Spaceflight For Tourist Purposes, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

It is barely five years ago since the first space tourist proper, Mr. Dennis Tito, made his much-publicised 20 million-dollar flight to the ISS. And now, purportedly thousands of prospective customers are lining up with such nascent companies as Sir Richard Branson's Virgin Galactic, for a 200,000-dollar, few-minute flight into the nearest part of outer space. In other words: it looks like space tourism is here to stay.

This obviously raises a number of key legal issues, stretching from proper application of such international space treaties as the Liability and Registration Conventions to national legal issues pertaining to liabilities, licensing …

Towards Monitoring Galileo: The European Gnss Supervisory Authority In Statu Nascendi = Zur Künftigen Überwachungsagentur Des Galileo Systems, Vers Une Autorité De Surveillance Du Système Galileo, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

There is little doubt that one of the most interesting and revolutionary, but also complicated and challenging space projects of today is Galileo, Europe’s own full-fledged second-generation navigation satellite system. Developed jointly by the European Union through the Commission and the European Space Agency, Galileo should by the end of the decade have thirty operational satellites in middle-earth-orbits providing timing, positioning and navigation signals across the globe.

From the very beginning Galileo was envisaged in particular by the Commission as a public-private-partnership (PPP). On the one hand, a private concessionaire should operate the system as of full operational capability (originally …

International Air Carrier's Liability To Passengers Under The Warsaw Convention 1929 And The Montreal Convention 1999, Jiang Bo

Theses and Dissertations

The Warsaw Convention 1929, officially referred to as the Convention for the Unification of Certain Rules Relating to International Transportation by Air, established and elaborated, as one of its major tenets, the principle of the air carrier's liability for damage caused to passengers, baggage and goods, and also for damage caused by delay.

The rules of the Warsaw Convention are being applied all over the world and have demonstrated their reliability and usefulness. The passenger knows that, wherever and whenever he flies, there is a certain degree of uniformity in the rules governing the carrier's liability, while the carrier, being …

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

Clearly, the issues raised by the ascendance of contemporary PMFs would be suitable for a book length treatment; however, in light of the pressing nature of the present situation expediency dictates a shorter but timelier piece. This article has as its modest aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states …

“El Tribunal De Justicia De Las Comunidades Europeas Confirma La Validez Del Reglamento Nº 261/2004 (Compensación En Caso De Denegación De Embarque Y De Cancelación O Gran Retraso De Un Vuelo)”, Luis González Vaqué

Luis González Vaqué

The fact that the validity of a Community act is contested before a national court is not in itself sufficient to warrant referral of a question to the Court of Justice for a preliminary ruling.

Courts against whose decisions there is a judicial remedy under national law may examine the validity of a Community act and, if they consider that the arguments put forward before them by the parties in support of invalidity are unfounded, they may reject them, concluding that the act is completely valid, given that, in so doing, they are not calling into question the existence of …