Law Commons^™

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 …

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 …

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 …