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Articles 31 - 40 of 40
Full-Text Articles in Law
The Environmentally Conscious Skies: Did The European Union’S Game Of Brinksmanship Lead To A Viable Global Plan For Emissions Trading In Aviation?, Darren Prum, Kathryn Kisska-Schulze
The Environmentally Conscious Skies: Did The European Union’S Game Of Brinksmanship Lead To A Viable Global Plan For Emissions Trading In Aviation?, Darren Prum, Kathryn Kisska-Schulze
Darren A. Prum
Effective January 1, 2012, the European Union (EU) instituted the first emissions trading scheme (ETS) for aviation which affected the domestic and international commercial airline industry flying into and out of the EU. The EU established the ETS to counter the global aviation sector’s role in releasing greenhouse gas (GHG) emissions; however, such movement was met with heavy opposition by foreign countries, the International Civil Aviation Organization (ICAO), various commercial airlines and the Air Transport Association of America (ATA). This paper analyzes the legality of the EU’s unilateral ETS approach with respect to the commercial airline industry, examines the subsequent …
Standards, Standards Everywhere: Assessing Current Initiatives For Human Spaceflight Standards And Their Potential Effect On Future Regulations, Mark J. Sundahl
Standards, Standards Everywhere: Assessing Current Initiatives For Human Spaceflight Standards And Their Potential Effect On Future Regulations, Mark J. Sundahl
Law Faculty Contributions to Books
One of the critical questions facing the human spaceflight industry is how its activities will be regulated during the infancy of the industry. It is generally agreed that regulation is necessary to address safety risks to crew, passengers and third parties. However, there is also a concern that government agencies may over-regulate the industry in a manner that could create unnecessary administrative burdens and interfere with technological innovation. In fact, the growth of regulation over the human space industry has been quite slow. Although the United States enacted the Human Space Flight Requirements for Crew and Space Flight Participants in …
From Space Tourists To Unruly Passengers? The U.S. Struggle With "On-Orbit Jurisdiction", F. G. Von Der Dunk
From Space Tourists To Unruly Passengers? The U.S. Struggle With "On-Orbit Jurisdiction", F. G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
With the first proper commercial sub-orbital “space tourist” flights seemingly around the corner, the need to develop a proper legal system addressing all relevant parameters, scenarios, and events also arises more visibly. This is particularly true for the United States, where so far the major developments in private manned spaceflight are concentrated, some of which may soon move from relatively straightforward up-and-down sub-orbital trajectories to longer-duration suborbital and/or orbital flights, or even long-duration presence in (potentially private) space stations. As one author succinctly put it: humans are essentially unpredictable, and the longer their flights will be, the less preordained and …
Federal Versus State: Private Commercial Spaceflight Operator Immunity Regulation In The United States, Frans G. Von Der Dunk
Federal Versus State: Private Commercial Spaceflight Operator Immunity Regulation In The United States, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The 2004 Commercial Space Launch Amendments Act provided the first national statute dedicated to private commercial spaceflight, further elaborated by a Chapter in the Code of Federal Regulations. A major element of that regulation concerns the “informed consent” requirement, which constitutes the main condition upon which a private commercial spaceflight operator is allowed to fly paying passengers into the edge of outer space and back. The requirement as such does not automatically equate with a statutory waiver of passenger liability, which was a major reason for a handful of individual US states to add by way of statutes such immunity …
Will The New Icao-Beijing Instruments Build A Chinese Wall For International Aviation Security?, Alejandro Piera, Michael Gill
Will The New Icao-Beijing Instruments Build A Chinese Wall For International Aviation Security?, Alejandro Piera, Michael Gill
Vanderbilt Journal of Transnational Law
The last 6 years have seen an unprecedented level of activity in the field of international aviation law, with the adoption of three new conventions and one new protocol. This is a testament to ICAO's leadership role and its ongoing relevance, particularly in the field of aviation security. The tragic events of 9/11 highlighted some weaknesses in the international law regime and were the impetus behind the nine-year process that led to the adoption of the 2010 Beijing Convention and Protocol. This Article reviews the historical background to the new treaties, including the journey taken through the ICAO process. It …
The New Orient Express: Current Trends And Regulations In Space Tourism And The Need For Commercial Hypersonic Point To Point Travel, Patrick Zurita
The New Orient Express: Current Trends And Regulations In Space Tourism And The Need For Commercial Hypersonic Point To Point Travel, Patrick Zurita
Global Business Law Review
This paper aims to answer the question of what the new privatized space regime will not only look like, but also if and how it will expand. In answering the question an examination of who will most be affected by space tourism and a subsequent space travel industry is required. Additionally, a cursory look at the history of airline regulation both domestically and abroad is needed to understand the future of private space flight. Next, an overview of past and current space and hypersonic technologies is required to attempt any projection of future advances. Finally, this paper sets out to …
A Kellogbriand Pact For The 21st Century, Chris Jenks
A Kellogbriand Pact For The 21st Century, Chris Jenks
Faculty Journal Articles and Book Chapters
This article briefly describes why the State parties to the Convention on Certain Conventional Weapons rejected human rights groups’ call for a ban on so called “killer robots.” This article contends that the international community resoundingly rejected this argument at the first ever experts meeting on lethal autonomous weapon systems (LAWS) because it ignores the wide range and longstanding use of LAWS and presupposes their future development while failing to acknowledge even the possibility that LAWS may facilitate greater protection of both military and civilians.
An Inference About Interference: A Surprising Application Of Existing International Law To Inhibit Anti-Satellite Weapons, David A. Koplow
An Inference About Interference: A Surprising Application Of Existing International Law To Inhibit Anti-Satellite Weapons, David A. Koplow
Georgetown Law Faculty Publications and Other Works
This article presents a thesis that most readers will find surprising, in an effort to develop a novel, simultaneous solution to three urgent, complex problems related to outer space. The three problems are: a) the technical fact that debris in outer space (the accumulated orbital junk produced by decades of space activities) has grown to present a serious hazard to safe and effective exploration and exploitation of space; b) the strategic fact that many countries (notably the United States, China and Russia, but others, too) continue to demonstrate a misguided interest in pursuing anti-satellite weapons, which can jeopardize the security …
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid
Melanie M. Reid
One of the most significant contemporary issues in privacy law relates to law enforcement’s new domestic surveillance tool: unmanned aerial vehicles, also known as, drones. Law enforcement’s use of aerial surveillance as an investigatory tool is currently under attack. In the past, if law enforcement chose to follow a suspect throughout the day, either on the ground or in the air, they need not worry about seeking a warrant or determining whether probable cause or reasonable suspicion exists to justify their surveillance. Aerial surveillance of criminal suspects has been considered outside the protections of Fourth Amendment law. In the 1980’s, …
To Boldly Go: International Space Law And The Expansion Of Res Communis Doctrine, John Ehrett
To Boldly Go: International Space Law And The Expansion Of Res Communis Doctrine, John Ehrett
John Ehrett
International space law, while a relatively recent development in legal history, has far-reaching implications for the traditional conception of national sovereignty. Specifically,the doctrine of res communis - if imprudently incorporated into the broader body of international law - poses a new set of sovereignty challenges on both international and domestic levels. This article explores the history and sources of international space law before proceeding to analysis of the sovereignty questions currently facing world policymakers. The author finds that multilateral agreements conducted on an ad hoc basis are likely to offer a better approach to natural resource management than the broad …