Air and Space Law Commons^™

More Turbulence Ahead: A Bumpy Ride During U.S.-Japanese Aviation Talks Exemplifies The Need For A Pragmatic Course In Future Aviation Negotiations, Derek Lick

Vanderbilt Journal of Transnational Law

This Note analyzes the U.S.-Japanese aviation agreement and the negotiations that led to its signing. More specifically, it examines how the parties involved--including U.S. airline carriers who disagreed as to how the United States should proceed--influenced the negotiation process. Part II of the Note focuses on the current U.S. policy of expanding open skies when negotiating bilateral aviation treaties with foreign countries. Part III looks at the U.S.-Japanese aviation market and its importance for U.S. airlines. Part IV examines how the Japanese government successfully used its strategic placement in the Asian market to avoid U.S. efforts to impose an open …

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum

Michigan Journal of International Law

Does concerted action taken by the U.N. Security Council against Libya bolster the international extradition process? Or do these resolutions represent little more than a new coat of legal paint on the same old political problems? This article seeks to answer these questions through an analysis of the nature of terrorism, the customary bases for jurisdiction and extradition, and the validity of Libya's refusal to surrender the Lockerbie suspects.

Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii

Michigan Journal of International Law

Part I of this Note will outline the evolution of space law as it concerns the sharing of benefits debate. Part II will analyze interpretations of the provisions of the two treaties central in the sharing of benefits debate, and will focus the debate by discussing the lunar mining issue. Part III will consider the challenge the New International Economic Order concept poses to legal obligations to share benefits. Part IV will evaluate various ways to share benefits and propose a new method which could promote economic development without hampering the incentive to conduct outer space exploration.

The Unification Of Germany And International Law, Frans Von Der Dunk, Peter H. Kooijmans

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The process of German unification, at least as far as its international legal aspects are concerned, is almost complete now. After the first Staatsvertrag, creating as of July 1, 1990, a monetary union between the Federal Republic of Germany ("FRG") and the German Democratic Republic ("GDR"), the second Staatsvertrag uniting the two States as of October 3 legally sealed the inter-German aspects of the unification.

At the same time, the September 12 Treaty between the four former occupation powers—the United States, the Soviet Union, Great Britain and France—and the two former occupied German States took care of the remaining …

Index

International Law Studies

No abstract provided.

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

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

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 …

International Counterterrorism Cooperation: The Summit Seven And Air Terrorism, Geoffrey Levitt

Vanderbilt Journal of Transnational Law

This Article aims to contribute to an understanding of the reality and the potential of international cooperation to combat terrorism by examining one of the most important channels through which governments have attempted to achieve such cooperation: the Economic Summit Seven (the Seven or the Group). Focusing in particular on the Group's work in the area of terrorism against international civil aviation, this Article will discuss how and why the Group became involved in counterterrorism; review the Group's declarations on terrorism and their context; outline the international background to those declarations; describe the most important single action the Group has …

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 …

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 …

Hijacking, Freedom, And The "American Way", Andreas F. Lowenfeld

Michigan Law Review

A Review of Judgment in Berlin by Herbert J. Stern

A Proposed Revision Of The Warsaw Convention, Susan Schneider Lewin

Indiana Law Journal

No abstract provided.

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Israel and Palestine--Assault on the Law of Nations by Julius Stone.

Baltimore: The John Hopkins University Press. 1981. Pp.223. $17.50.

Reviewed by Barry Hart Dubner

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Treatise on Air--Aeronautical Law. Nicolas Mateesco Matte.

Toronto: The Carswell Co. Ltd., Pp. 832.

Reviewed by John M. Lindsey

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

Utilization of Outer Space and International Law

Gijsbertha C.M. Reijnen.

Amsterdam and New York: Elsevier Scientific Publishing Company, 1981. Pp. 179, $69.75.

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International Estate Planning

William H. Newton, III.

Colorado Springs: Shepard's/McGraw-Hill Company, 1981. Pp. 614.

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International Tax Avoidance and Evasion, Colloquy of the Council of Europe, Strasbourg, 1980

Publication 31, Publications of the International Bureau of Fiscal Documentation Amsterdam: International Bureau of Fiscal Documentation, 1981. Pp.184, Dfl. 65.00.

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Fiscal Reform in Bolivia: Final Report on the Bolivian Mission on Tax Reform Richard A. Musgrave

Cambridge: Harvard Law School International Tax Program, 1981. Pp. 593, …

Personal Injury Damages In International Aviation Litigation: The Plaintiff's Perspective, 13 J. Marshall L. Rev. 541 (1980), Susan E. Loggans

UIC Law Review

No abstract provided.

Soviet·American Arms Negotiations-1960-68: A Prelude For Salt, Eric W. Hayden

International Law Studies

No abstract provided.

What's Left Of Salt?, Richard T. Ackley

International Law Studies

No abstract provided.

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 …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE ARAB OIL WEAPON

By Jordan J. Paust & Albert P. Blaustein

Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50.

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ARBITRATION IN SWEDEN

Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00.

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THE DECLINE OF DEMOCRACY IN THE PHILIPPINES

A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00.

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DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS

By Victor H. Li

Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50.

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EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL …

International Enforcement Of Air Security - United States Initiatives, Charles N. Brower

Villanova Law Review (1956 - )

No abstract provided.

Book Reviews, Dean Rusk, Barton T. Jones

Vanderbilt Journal of Transnational Law

Although not the last of the essays, Oliver J. Lissitzyn's article serves as an excellent conclusion to McWhinney's collection of essays and materials. We are reminded that the first objective of any convention on hijacking should be to provide for the safety of innocent persons and that the second objective is to prevent hijacking. Moreover, international law already requires what is being demanded of countries by the new anti-hijacking conventions. The difficult and complex problem of deterring and, thus, preventing hijacking cannot be considered as an absolute value that overrides basic human rights and values. The multilateral international convention may …

The Public And Private International Response To Aircraft Hijacking, Gary N. Horlick

Vanderbilt Journal of Transnational Law

The interests of aircraft hijackers are not easily summarized, if for no other reason than that the motivation of a given incident often cannot be clearly defined. For example, the recent extortion hijackings could have been motivated as easily by a desire for notoriety or other psychological reward as by a desire for cash. Hijackers exhibit, however, several recurring motivations. One fairly consistent element is the desire of the hijacker to escape the country in which he lives. Clearly, this motive was present in the eighteen attempts (eleven successes, seven failures) to flee Eastern European countries since 1960 by hijackers …

Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger

Michigan Law Review

A Review of International Law and the Uses of Outer Space by J.E.S. Fawcett

Law-Making In The International Civil Aviation Organization. By Thomas Buergenthal., Daniel G. Partan

Buffalo Law Review

No abstract provided.

Book Note, Daniel C. Turack

Vanderbilt Law Review

The volume contains 28 essays, representing only one-third of Professor Cooper's aerospace articles, but as the editor concedes,they represent areas in which his contribution was most significant.These spheres are: the history of air law; the fundamental principles of air law (notably airspace sovereignty and nationality of aircraft); and space law. In the first part, four essays serve to introduce the reader to the problems of terminology and the scope of air and space law,the economic and political basis of air power, and certain specific problems to be examined subsequently in depth. Part two, entitled "Rights In Airspace: From Antiquity To …

International Law And The Uses Of Outer Space, By J. Fawcett, L. F. E. Goldie

Indiana Law Journal

No abstract provided.

The Treaty On Rescue And Return Of Astronauts And Space Objects, Paul G. Dembling, Daniel M. Arons

William & Mary Law Review

No abstract provided.