Law Commons^™

Tailspin: Examining The Distortive Effects Of The Airbus-Boeing Duopoly On Trade Dispute Resolution Between The United States And European Union, Sam Bhat

Brooklyn Journal of International Law

This Note surveys the perverse effects of the Airbus–Boeing dispute on international trade, examining how this unique and unprecedented duopoly challenges WTO agreements regarding state assistance to domestic manufacturers of large civil aircraft. This trade dispute has precipitated significant consequences for industries unrelated to aircraft manufacturing on both sides of the Atlantic. Theoretically, the WTO’s dispute resolution framework is designed to maintain an undistorted status quo between member states. The case of Airbus–Boeing, however, has shown that a duopoly conflict masquerading as a WTO dispute leads to escalating tariffs with substantial repercussions. This is the costliest dispute in the history …

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 …

Vulnerability As A Launching State: Why The United States Should Adopt Explicit Indemnification Procedures In Response To The Growth Of The Commercial Space Industry, Mollie Carney

St. John's Law Review

(Excerpt)

This Note argues that the current United States launch license requirements should be amended to include explicit indemnification procedures, should the United States be held liable for damages as a Launching State under the Liability Convention. Part I of this Note examines the evolution of the space industry from a field marked by Cold War tensions to one that is dominated by private industry, and the risks that are associated with the rapid growth of the commercial space industry. Part II will explain the current legal regime by (1) setting a framework of liability generally, (2) examining the Liability …

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

Life of the Law School (1993- )

No abstract provided.

A Regulatory Scheme For The Dawn Of Space Tourism, Molly M. Mccue

Vanderbilt Journal of Transnational Law

Today, companies like Blue Origin and Virgin Galactic have successfully launched paying customers into space, forging the future of the space tourism industry. While a growing space tourism industry promotes scientific advancement and opens an activity once reserved for trained astronauts to the public, the industry generates new issues and reveals the vulnerabilities of international space law. This Note explores the history of commercial spaceflight and the international agreements that comprise the current legal regime. It argues that space tourism presents a need for a new international agreement to address three vulnerabilities in the current international regime: environmental protections, protections …

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 …

Public Acceptance Of Medical Screening Recommendations, Safety Risks, And Implied Liabilities Requirements For Space Flight Participation, Cory J. Trunkhill

Doctoral Dissertations and Master's Theses

The space tourism industry is preparing to send space flight participants on orbital and suborbital flights. Space flight participants are not professional astronauts and are not subject to the rules and guidelines covering space flight crewmembers. This research addresses public acceptance of current Federal Aviation Administration guidance and regulations as designated for civil participation in human space flight.

The research utilized an ordinal linear regression analysis of survey data to explore the public acceptance of the current medical screening recommended guidance and the regulations for safety risk and implied liability for space flight participation. Independent variables constituted participant demographic representations …

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Liberty University Journal of Statesmanship & Public Policy

In November of 2021, The Russian Federation conducted an anti-satellite test (ASAT), destroying one of their defunct satellites in low earth orbit (LEO). This test, although not the first of its kind, created thousands of pieces of new space debris, threatening LEO satellites and the International Space Station (ISS). Russia’s test has resurfaced discussions on the militarization of space and its long-term sustainability. Absent legally binding multilateral agreements aimed at long-term peace and sustainability in space, the area will continue to develop in a hazardous direction. Therefore, The United States should initiate a multilateral treaty to develop a partial ban …

Geostationary Orbit Slot Reconceptualization In Accommodating The South, Yaries Mahardika Putro, Ridha Aditya Nugraha, Taufik Rachmat Nugraha

Indonesian Journal of International Law

Geostationary Orbit (GSO) located above the equator is deemed as limited resources with strategic position for satellites in outer space. As today, the majority who possess GSO slots are non-equatorial states, in this context developed countries. The distribution of orbital slots in the GSO has been discussed among scholars from the developing states for decades. In the past, the developing states ever formed the “Bogota Declaration” aimed to ensure the developing states possess special rights over the GSO slot. The declaration arose from the distribution of the GSO slot by unequal treatment and dissatisfaction to the International Telecommunication Union (ITU) …

Project Khepri: Mining Asteroid Bennu For Water, Erika Frost, Gowtham Boyala, Adam Gremm, Ahmet Gungor, Amirhossein Taghipour, Massimo Biella, Jiawei "Jackson" Qiu, Athip Thirupathi Raj, Arjun Chhabra, Adam Gee, Saanjali Maharaj, Erin Richardson, Julia Empey, Haidar Ali Abdul-Nabi, Lindsay Richards, Ariyaan Talukder, Aaron Groh, Brie Miklaucic, Jd Carlson, Kristina Kim, Maverick Cue

Undergraduate Student Research Internships Conference

Deep space asteroid mining presents the opportunity for the collection of critical resources required to establish a cis-lunar infrastructure. In specific, the Project Khepri team has focused on the collection of water from asteroid Bennu. This water has the potential to provide a source of clean-energy propellant as well as an essential consumable for humans or agriculture on crewed trips to the Moon or Mars. This would avoid the high costs of launching from Earth - making it a highly desirable element for the future of cis-lunar infrastructure. The OSIRIS-REx mission provided a complete survey of asteroid Bennu and is …

Space And Existential Risk: The Need For Global Coordination And Caution In Space Development, Chase Hamilton

Duke Law & Technology Review

This Article examines urgent risks resulting from outer space activities under the current space law regime. Emerging literature alarmingly predicts that the risk of a catastrophe that ends the human species this century is approximately 10–25%. Continued space development may increase, rather than decrease, overall existential risk due in part to crucial and identifiable market failures. Addressing these shortcomings should take priority over the competing commercial, scientific, and geopolitical interests that currently dominate in space policy. Sensible changes, including shifting space into a closed-access commons as envisioned by the 1979 Moon Treaty, may help in achieving existential security.

Aerospace And Defense Industries, Johny Chaklader, Michael Bealy, Neal Petro, Danish Hamid

The Year in Review

No abstract provided.

Independence And Liability In Civil Aviation Accident Investigations Through Annex 13 And The Montreal Convention, Joshua C. Moscow

Vanderbilt Journal of Transnational Law

International law governs the investigation of civil aviation accidents through the Chicago Convention and the International Civil Aviation Organization. Their standards, outlined primarily in Annex 13 to the Chicago Convention, require accident investigations to be conducted in an independent and impartial manner. Notwithstanding this requirement, a state with a nationalized airline may lead an Annex 13 investigation into an accident involving (essentially) itself. The conflict that arises when this occurs challenges Annex 13 independence-a challenge that may be difficult to avoid given the prevalence of nationalized airlines. While Annex 13 independence is threatened when a state assumes the role of …

Drones, Airspace Design, And Aerial Law In States And Cities, Brent Skorup

Akron Law Review

Federal and state governments have embraced drone technology in recent years to stimulate a domestic industry for new jobs and long-distance delivery services. However, the federal-state breakdown about who manages drone airspace and surface air rights has not been resolved, which, as the Government Accountability Office recently reported to Congress, threatens the progress of the U.S. drone industry. What is clear is that landowners, whether public or private, own low-altitude airspace and air rights. This article traces the legal treatment of surface airspace as real property back to Anglo-American legal treatises and court decisions in the mid-19th century. Therefore, absent …

The Next Small Step, Samiya Henry

Undergraduate Research and Scholarship Symposium

As of right now, NASA and other space programs are estimating that by 2026, there will be people living in Space. Whether it be the Moon or Mars, one cannot have a functional society without a proper source of laws, especially since no one country has ownership over space. "One Small Step" will produce this source of laws, called the “Space Bill of Rights,” that will outline important matters like the trade of resources, medical care, government officials, and will ensure the preservation of our physical and figurative footsteps in space. This Space Bill of Rights is made up of …

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Helm's School of Government Conference - American Revival: Citizenship & Virtue

No abstract provided.

In A Legal Field Of Uncertainty, Much Change Is Needed Before Commercial Space Flights Become More Common, And Contracts Of Carriage Might Be The Answer, Gavin Coveney

SLU Law Journal Online

In this article, Gavin Coveney seeks to give to a short description of current space laws and the lack of regulation. Gavin Coveney also gives a short breakdown of solutions and how current airline Contracts of Carriage provide inspiration for future space Contracts of Carriage.

Aerospace And Defense Industries, Randy Cook, Francesca Harker, Waqas Shahid, Nicholas J. Spiliotes, Aki Bayz, Felix Helmstaedter, Tak-Kyun Hong, Philippe Shin, R. Locke Bell

The Year in Review

No abstract provided.

Targeting A Satellite: Contrasting Considerations Between The Jus Ad Bellum And The Jus In Bello, Hitoshi Nasu

International Law Studies

With the development and greater availability of counter-space capabilities, satellites are becoming a prime target of military threats. However, the legal assessment for the targeting of a satellite requires careful analysis because of its impacts on terrestrial activities and the potential to affect the rights and interests of third parties when their payloads are carried by the targeted satellite. With these two unique characteristics in mind, this article unravels the complexity of international legal regimes applicable to military operations conducted against a satellite by contrasting threshold legal considerations necessary for the identification and application of relevant legal requirements under the …

The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson

Georgia Journal of International & Comparative Law

No abstract provided.

Mega-Constellations: Disrupting The Space Legal Order, Steven E. Grotch

Emory International Law Review

No abstract provided.

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

Life of the Law School (1993- )

No abstract provided.

The Law Of Space Cyber Operations: Gripping Mysteries, Entangled Frontiers, And Security Challenges, Roy Balleste

Journal of Law, Technology, & the Internet

The developments of technologies applicable to cyberspace and outer space offer new opportunities. Each nation, institution, and individual must be involved in the security of cyberspace in order to secure outer space activities, while reinforcing the legitimacy of that commercial process. The stories that follow consider the intersection of outer space law and cybersecurity, describing vulnerabilities and the limitations of implementing international norms. The article assesses the cyberthreat landscape while offering recommendations. The article's subsequent sections are organized as follows: Part II, The Cruel Sky, considers a historical mystery to better understand the contradictory world of cyber operations. Along the …

Recent Developments In Aviation Law, Christine Shang

Journal of Air Law and Commerce

This Article addresses recent developments in aviation law and the aviation field generally over the past year, from early 2021 through early 2022. It does not attempt to address every reported aviation case. Instead, this Article focuses on the areas of aviation law that will have significant ramifications for the future. This Article summarizes legal developments, including those related to COVID-19, the 737 MAX, 5G technology, space exploration, and more.

Back To Air In Disarray?: Disparity In Practices And Interpretations On Adizs Disrupting The Safety Of Civil Aviation, Sanghoon Lee

Journal of Air Law and Commerce

The interconnectivity of civil aviation has been long praised with the success of the International Civil Aviation Organization (ICAO) in harmonizing navigation standards and procedures, along with the utilization of Flight Information Regions (FIRs). However, continuing geopolitical tensions with different implementations of Air Defense Identification Zones (ADIZs) have belittled the technical achievement. Among different State practices, some ADIZs have expanded beyond territorial airspace and even overlapped with other FIRs, requiring overflying air- craft to submit flight plans and abide by procedures separate or in addition to air traffic control obligations.

The purpose of this Article is to review the ongoing …

Table Of Contents

Seattle University Law Review

Table of Contents

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Wise Up! Why It’S Time To Dump Reed V. Wiser And Get Real About Third-Party Actions, David Cluxton

Journal of Air Law and Commerce

The Warsaw Convention of 1929 and the Montreal Convention of 1999 (Conventions) are international treaties governing the liability of the air carrier for damage arising during international carriage by air, e.g., passenger death or bodily injury. The foundation for the applicability of these Conventions is the contract of carriage. However, given the nature of the air transport operations and their technological complexity, a given accident can result from several causes attributable to different parties. The plaintiff (e.g., the passenger) may have the option of suing, not only the carrier based on the contract of carriage, but, alternatively, an airframe or …

Airport Noise As Public Bads: Comparative Remarks On Legal Challenges In Resolving The Neighbor Conflict Between The Airport And Landowners, Magdalena Habdas

Journal of Air Law and Commerce

Incompatible uses of land create neighbor conflicts connected with the notions of civil law immissions (non-trespassory invasions) or common law nuisance. These traditional instruments of resolving the neighbor conflict have their limitations when pollution (such as noise pollution produced by aviation) interferes with the use and enjoyment of land that affects numerous landowners. Lawmakers seek to resolve the neighbor conflict with public intervention in such circumstances. Instead of relying on the market, the state allocates entitlements, indicates how parties must behave, and prescribes the conditions under which lawmakers should conclude an agreement.

Interestingly, although the nuisance caused by airport noise …