Law Commons^™

Liability For Global Navigation Satellite Services: A Comparative Analysis Of Gps And Galileo, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The law relating to global navigation satellite systems, (GNSS) is a novel and complex subject. As a result, this paper addresses a considerable number of issues from a new, as of yet untested legal perspective. It will also address a number of altogether new issues which, from a legal perspective, have been dealt with often in other areas of law. Global navigation satellite systems are being used for a very rapidly growing plethora of applications and, thus, also cause a rapidly growing plethora of legal issues to arise. These range from general institutional and jurisdictional ones, to such concrete aspects …

Implementing The United Nations Outer Space Treaties, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The need, or at least desirability of establishing a national (framework) law dealing specifically with private space and space-related activities in implementing the United Nations outer space treaties - in particular some Articles of the 1967 Outer Space Treaty, the 1972 Liability Convention and the 1975 Registration Convention - is increasingly felt also in Western Europe.

One of the states currently developing such a national framework law is the Netherlands, where in September 2003 the Cabinet gave the green light for such a development. The current paper investigates the background to this decision, such as the European internal market for …

Surreal Estate: Addressing The Issue Of “Immovable Property Rights On The Moon”, Frans Von Der Dunk, E. Back-Impallomeni, S. Hobe, R. M. Ramirez De Arellano

Space, Cyber, and Telecommunications Law Program: Faculty Publications

At a time when scientific and commercial interest in the Moon is being reinvigorated it is becoming fashionable for ordinary individuals to “buy” plots on the lunar surface, with the “vendors” arguing that an absence of specific prohibition of individual private activity in space makes such action legal. It is therefore time for the legal community to address this situation by investigating just how legal such activity is—and bringing their findings to the attention of governments. This can be done through an examination of the relationship between national law and international space law, of the provisions of international space law—especially …

The Precautionary Principle As The Law Of Planetary Defense: Achieving The Mandate To Defend The Earth Against Asteroid And Comet Impacts While There Is Still Time, Evan R. Seamone

Journal Articles

Current legal and policy efforts to enable adequate defense against potential asteroid or comet collisions with the earth are insufficient because they are indirectly premised upon theories that require verification of a clear and imminent threat before governmental agencies can act. This Article identifies the "precautionary principle" as the preeminent law of planetary defense against asteroid and comet impacts. The precautionary principle requires governments to take action to prevent harm even when it is uncertain if, when, or where the harm will occur. It requires governments to implement specific frameworks for making prompt decisions, directs intergovernmental bodies to plan for …

“Lucy In The Sky With Diamonds”: Airline Liability For Checked-In Jewelry, Eloisa Rodriguez-Dod

Faculty Publications

It is expected that when you arrive at an airport you most likely will have to check in a bag or two. What is not expected, however, is that someone would rummage through your baggage and take your belongings. Unfortunately, this happens frequently. A passenger packs her jewelry in her luggage, checks that luggage in, boards her flight, and never sees that jewelry again. Once she discovers the missing jewelry, her options for recovering the loss are quite limited.

This article examines the history and current state of the law regarding airline liability for passengers’ lost belongings on domestic as …