Law Commons^™

Outer Space, Inc.: Transmitting Business, Ethics, And Policy Across The Universe, Gabriele Wohl

West Virginia Law Review

No abstract provided.

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

Law And Morality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Capacity Of The State And Its Subordinates, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Judicial Review, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Functioning Of The Law Commission Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

J.S Mill On Liberty, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Bar Council Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Constituting Vanuatu: Societal, Legal And Local Perspectives, Jackson N. Maogoto, Benedict S

Jackson Nyamuya Maogoto

Governance in Vanuatu has been a source of concern for Australia as it forms part of Australia’s ‘Arc of Instability.’ Vanuatu has adopted a modified Westminster system as the Westminster system and its constitution are often advocated as the model for constitutions and governance around the world. In various former colonies local populations were expected to simply absorb its liberal democratic principles apparently on some assumption that such principles were an innate part of human nature. Most readings of history would come to a different conclusion. Vanuatu illustrates this error and the complexities of a society that create not only …

From Star Wars To Space Wars—The Next Strategic Frontier: Paradigms To Anchor Space Security, Jackson N. Maogoto, Steven Freeland

Jackson Nyamuya Maogoto

Military blueprints by major space-faring powers now encapsulate concepts of ‘space support’ and ‘force enhancement’ which point to a central role of space assets in facilitating military operations while notions of ‘space control’ and ‘force application’ suggest the weaponization of space, and the putative view that space may in the near future be a theatre of military operations. As defence goals increasingly focus on space as the final frontier evident in development of national missile defence systems, anti-satellite weapons and other space-based systems, international peace and security faces a new challenge. Creators of the current legal regime for space failed …

The Private Military Company—Unravelling The Theoretical, Legal & Regulatory Mosaic, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

As an undeclared arm of the state, the PMC is politically expedient having proved to be highly advantageous in certain circumstances when states wish to engage in surreptitious or unpopular violence, yet easy to condemn when states need to gather political capital. In other words, the PMC has become an integral actor in the system of governance at both national and international levels. Such corporations, at least at one level, represent the evolution, globalization, and corporatization of the age-old mercenary trade. The worry, of course, is that they operate without the public scrutiny appropriate for military actors. Indeed, the matter …

Rescuing Space Tourists: A Humanitarian Duty And Business Need, Mark J. Sundahl

Law Faculty Contributions to Books

This paper explores the controversial topic of the duty to rescue under existing space law treaties and makes the case for an expansive interpretation of the treaties that would require states to rescue space tourists. This being said, space companies are advised not to rely on state action to rescue tourists in distress, but are instead urged to make their own arrangements to help ensure the safety of their customers and, in turn, limit their exposure to liability. To assist companies in this task, this paper sets forth the essential components of a rescue policy that should be adopted by …

As Space Law Comes To Nebraska, Space Comes Down To Earth, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

It is a great honor and an equally great pleasure for me to stand here today and address you by way of an inaugural lecture, embedded in this conference on formalism and informalism in space law that we are currently hosting at the University of Nebraska College of Law.

An inaugural lecture then is perceived essentially as a public lecture where a newly-appointed professor sets out, for everyone to hear, his or her general ideas on, and programmatic approach to, the field that he or she is going to tackle in teaching and research-in my case, all in the context …

United Nations Treaties And Principles On Outer Space, United Nations Office For Outer Space Affairs

Space Law Documents

The progressive development and codification of international law constitutes one of the principal responsibilities of the United Nations in the legal field. An important area for the exercise of such responsibilities is the new environment of outer space and, through the efforts of the United Nations Committee on the Peaceful Uses of Outer Space and its Legal Subcommittee, a number of significant contributions to the law of outer space have been made. The United Nations has, indeed, become a focal point for international cooperation in outer space and for the formulation of necessary international rules.
Outer space, extraordinary in many …

Legal Aspects Of Using Space-Derived Geospatial Information For Emergency Response, With Particular Reference To The Charter On Space And Major Disasters, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Increasing attention is being paid today to the potential offered by geospatial information in particular if generated with the help of satellites to contribute to mitigation of major disasters—tsunamis and earthquakes as much as man-made disasters. The current contribution seeks to outline some of the major legal issues involved in the use space-derived data for emergency response, focusing on four topics: copyrights, access to remote sensing data, responsibilities and liabilities, and security and dual use-issues involved. This contribution forms part of the Leiden faculty of Law research program “securing the rule of law in a world of multilevel jurisdiction: (coherence, …

Article Vi Of The Outer Space Treaty 'In The European Context', Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Concludes that a substantive and detailed European "approach" to dealing with Article VI's obligations is yet forthcoming, and suggests that issues like liability, insurance, licensing procedures and registration requirements should be dealt with in a sensible fashion. The European "context" involves a haphazard, fractured process whereby many traditional sovereign forces are only sometimes in agreement. With respect to Article VI of the Outer Space Treaty, there is a need for more European coherence.

Treaty Law In Support Of Climate Monitoring, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Suggests that, in climate change conventions: appropriate dispute settlement clauses and explicit references to satellite data are included, that the authenticity of satellite data are certified, and that quantifiable parameters are inserted.

Defining Subject Matter Under Space Law: Near Earth Objects Versus Space Objects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

It may seem to be an obvious, instinctive distinction, the one between (natural) near earth objects and (man made) space objects. However, the very recent proposal tabled by the Russian Federation and the People's Republic of China for a treaty on the de-weaponisation of space apparently makes reference in this context to a prohibition to use or threaten the use of force against "outer space objects." Such varying use of terminology may raise appropriate concerns about the applicability of any such agreement, or indeed other present or future rules of space law, to the specific case of NED's and any …

A Sleeping Beauty Awakens: The 1968 Rescue Agreement After Forty Years, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Forty years ago, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, was put into place as the second treaty on outer space drafted by the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). The Rescue Agreement followed on the heels of the "Outer Space Treaty," and in turn was followed by the "Liability Convention" the "Registration Convention" and the "Moon Agreement," before political developments made COPUOS reluctant to draft any further treaties on space. The Rescue Agreement has attracted much less attention than the other …

A Good Idea Stretched Too Far: Amending The General Aviation Revitalization Act To Mitigate Unintended Inequities, Kerry V. Kovarik

Seattle University Law Review

This Comment will examine the congressional intent that shaped GARA, evaluate the equitable implications of the statute's drafting language, discuss its significant judicial interpretations, and explore the author's recommendations aimed at minimizing GARA's inequities without negating its positive aspects. Part II begins with an analysis of GARA's legislative history, identifies stakeholders and their arguments, and examines issues given insufficient consideration by Congress. Part III assesses how GARA actually affected the aviation market when compared to the stakeholders' predictions. Part IV will survey a selection of important judicial decisions interpreting GARA. Finally, Part V evaluates the inequities created by the statute …