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Articles 1 - 13 of 13
Full-Text Articles in Law
Friendly Skies, Unfriendly Terms: Class Action Waivers And Force Majeure Clauses In Airline Contracts Of Carriage, Grant Glazebrook
Friendly Skies, Unfriendly Terms: Class Action Waivers And Force Majeure Clauses In Airline Contracts Of Carriage, Grant Glazebrook
Northwestern Journal of International Law & Business
The airline contract of carriage. These unassuming bits of language govern the relationship between passengers and their airlines. Over the past three years, a new term has sprouted in these agreements: the class action waiver. Before March 2020, only two of the ten largest United States-based airlines’ contracts of carriage had class action waivers. But as of April 2023, eight now have class action waivers. Why have airlines quickly adopted these copycat terms? What are the implications of this new contractual trend for flyers, airlines, and regulators? This note aims to contribute to the scholarship around these questions in three …
Private Commercialization Of Space In An International Regime: A Proposal For A Space District, Zach Meyer
Private Commercialization Of Space In An International Regime: A Proposal For A Space District, Zach Meyer
Northwestern Journal of International Law & Business
The Soviet Union inaugurated the Space Age in 1957 with the launch of the first artificial satellite, Sputnik I, into the Earth's orbit. Human activity in space, once only a dream, had become reality. The hope for human advancement was immense. However, over the past five decades, the progress of the Space Age has not matched the measure of that hope. National space agencies have slowly and inefficiently explored and developed the space frontier. But, the success of a recent private competition suggests a better channel for facilitating space exploration and development: private commercial enterprise. However, certain problems are holding …
"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden
Northwestern Journal of International Law & Business
Since the creation of the modern international aviation regime, at the 1944 Chicago Conference, the United States has used this power and prestige to create a system much to its liking. However, the recent decision of the Court of Justice of the European Communities ("ECJ") in the Transport Cases threatens to change this. The Transport Cases, brought by the European Commission ("Commission") in an attempt to achieve exclusive authority to negotiate commercial aviation agreements for the collective European Union, partially struck down several bilateral aviation treaties signed between several of the Member States and the United States. The Commission, recognizing …
Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel
Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel
Northwestern Journal of International Law & Business
The objective of this article is to show the background of the airline liberalization process in the E.U. and to evaluate its economic effects in context of the global aviation market. To understand the pressures for change and the forms that the changes are taking, it is first necessary to ap-preciate why market regulation was thought important and how the U.S. de-regulated its airline industry. Therefore, Section II of this paper will analyze the different market structures in the U.S. and the E.U. In Section III, the discussion will continue with a consideration of the effects of U.S. airline deregulation. …
Owning Outer Space, Ezra J. Reinstein
Owning Outer Space, Ezra J. Reinstein
Northwestern Journal of International Law & Business
If exploitation of outer space's bounty is our goal, we must establish a space property legal system that creates both incentives and predictability. Space development is a highly risky endeavor, as well as mind-bogglingly expensive. Who would expend the effort in developing a space colony, if they were not certain of the project's legality? Valuable projects -- energy collection, mining, and colonization -- are by no means inevitable. If the law of outer space rejects such uses, or even makes their legality uncertain, it is unlikely that the nec-essary technology would ever be created. A promising solution to our ever-growing …
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Northwestern Journal of International Law & Business
The use of remote sensing of the earth by satellite has grown tremendously since the United States launched the first such satellite, Landsat 1, in 1972. In 1984, the Land Remote Sensing Commercialization Act began the gradual transfer of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991. The Commercialization Act requires operators to make raw data available to all users on a nondiscriminatory basis, but it does not preclude …
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Northwestern Journal of International Law & Business
On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per passenger damage limitation for personal injury or death. The Convention further provides that passenger tickets must include notice of this limitation, and a private accord among airlines known as the Montreal Agreement ("Agreement") states that this notice …
China's Reform Of Aviation: A Signal Of The Siginificance Of Competition Under Law, Barry Kellman
China's Reform Of Aviation: A Signal Of The Siginificance Of Competition Under Law, Barry Kellman
Northwestern Journal of International Law & Business
What will China be like at the millenium's close? China may be the most changing nation on Earth, with few definite landmarks to guide analysis of political and economic developments. One's perspective is important: up too close, one sees the eddies of intrigue which occasionally topple someone in high office; too far back, one can miss the extraordinary significance of what is happening in China at this point in history. This discussion has limited goals. Under examination is the strikingly anamolous introduction of competitive economic forces into a high-technology service sector: aviation. The approach of this examination is to inquire …
New Frontiers In Eec Air Transport Competition, Virginia J. Clarke
New Frontiers In Eec Air Transport Competition, Virginia J. Clarke
Northwestern Journal of International Law & Business
After explaining the framework of international agreements and general policy governing civil aviation in the EEC, and discussing prior competition cases,' 5 this Note will then analyze the New Frontiers decision. The groundwork for an exploration of the difficulties in applying and enforcing the decision16 is seen in this case's progress through the French court system 7 and the various issues discussed by the Court of Justice."8 This Note will end by examining the situation of private airlines in the aftermath of the decision.
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Northwestern Journal of International Law & Business
In view of such considerations, this Comment will first explore the history of the Warsaw Convention, then examine the expansion of airline liabililty in cases of terrorism and wilful misconduct. Finally, the Comment will explore alternative means of compensating victims of terrorism.
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Northwestern Journal of International Law & Business
In many ways, the space shuttle inaugurated a new phase in the development of space as an international resource. The shuttle may be used to launch satellites into orbit and has the additional capability of retrieving and repairing satellites. As the number of satellites in orbit increases, the problem of interference among satellites escalates. The issue centers around the geostationary orbit and the electromagnetic spectrum as well as direct satellite broadcasting from orbiting transmission stations to individual receivers. This Comment will examine the current legal and probable future state of the international zone known as the geostationary orbit and the …
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
Northwestern Journal of International Law & Business
It is clear that the world community in general, and the United States in particular, intends to move forward in the exploration of space and the commercial exploitation of lunar and other resources. It would seem equally clear that, without law in this area, no country, government, or commercial enterprise is likely to undertake the substantial risks and costs involved in such exploitation. Companies will not undertake these risks without a clear understanding of how the resulting rewards will be allocated. For the United States commercial space program to move forward, it must seek the adoption of a regime to …
Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer
Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer
Northwestern Journal of International Law & Business
Congress amended the international air route-awarding procedures established in earlier legislation when it enacted section 801(a) of the Airline Deregulation Act of 1978. Changes in the procedures were necessary for two reasons. First, the original route-licensing scheme was designed by Congress to balance presidential discretion concerning defense and foreign policy with congressional authority over foreign commerce. However, by precluding judicial review of challenges by foreign air carriers, Congress thwarted its own intent and established the President as the final authority in awarding routes to such carriers. Secondly, by also precluding review of certain challenges by citizen carriers, the courts destroyed …