Air and Space Law Commons^™

Crossing A Rubycon? The International Legal Framework For Isos—Before And After Privatization, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The present chapter analyzes the activities of international satellite organizations (ISOs), former ISOs, and private satellite operators from the perspective of the four principal international space law treaties, consisting of the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention, and the Registration Convention. In addition, it considers a United Nations Resolution dealing specifically with Direct Broadcasting by Satellite, as it is one of the major categories of activities that international satellite organizations such as INTELSAT and EUTELSAT have traditionally undertaken, as well as the International Telecommunication Union (ITU), which oversees the international regime developed to deal with …

The Long-Term International Law Implications Of Targeted Killings Practices, Christof Heyns, Sarah Knuckey

Faculty Scholarship

One of the most crucial and enduring questions about “targeted killings” is: How will the currently expanding practices of singling out individuals in advance and eliminating them in other countries without accountability impact the established international legal system?

International law, since at least World War II, has developed various mechanisms to limit killing in general, including targeted killings. These take the form of vigorous protections for the right to life under human rights law; safeguards against the interstate use of force while permitting states to protect themselves where necessary; and aiming to strike a balance between the principles of humanity …

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Articles

Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …

The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.

Faculty Scholarship

The purpose of this short essay is to reflect upon a few issues that illustrate how legal and ethical issues intersect in the cyber realm. Such an intersection should not be especially surprising., Historian Geoffrey Best insists, “[I]t must never be forgotten that the law of war, wherever it began at all, began mainly as a matter of religion and ethics . . . “It began in ethics” Best says “and it has kept one foot in ethics ever since.” Understanding that relationship is vital to appreciating the full scope of the responsibilities of a cyber-warrior in the 21st century.

Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This article asserts the thesis that customary international law (CIL), even in the absence of any new treaty, already provides a legal regime constraining the testing and use in combat of anti-satellite (ASAT) weapons. This argument, if validated, is important for both legal and public policy considerations: the world (especially, but not only, the United States) has grown increasingly dependent upon satellites for the performance of a wide array of commercial and military functions. At the same time, because of this growing reliance (and hence vulnerability), interest has surged in developing novel systems for attacking a potential enemy’s satellites – …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Information Warfare: The Legal Aspects Of Using Satellites And Jamming Technologies In Propaganda Battles, Mark J. Sundahl

Law Faculty Contributions to Books

This paper examines the right of states to broadcast propaganda by satellite in times of war. In exploring this issue, the author addresses the hypothetical question of whether a state may use DBS technology to broadcast a commercial news program, such as CNN, into an enemy state in wartime as part of a larger campaign to win the support of the civilian population. The author begins by establishing that that the consent of a receiving state is required prior to such broadcasts, whether in peacetime or in times of war. This requirement of "prior consent" is the only restriction of …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The Pen May Be Mightier Than The Sword...But What About A Laser Weapons System, Rebecca Schauer

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

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 …

Index

International Law Studies

No abstract provided.

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

International Law Studies

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.

Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse

Michigan Law Review

During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …

The Law-Making Treaties Of The International Telecommunication Union Through Time And In Space, J. Henry Glazer

Michigan Law Review

On the twenty-fifth of June, the Government of the United States of America received an invitation to attend in Russia a conference of plenipotentiaries to consider the revision of an important multilateral convention. Since the conference involved matters which, by American municipal practice, were solely within the competence of private enterprise and not subject to the control of government, the United States at first refused to attend. Russia, however, assured the United States that representatives of private enterprises would be welcome. Relations between these two countries were on such a friendly basis that the United States accepted the invitation extended …

Chapter Iv: Reasonable Uses Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.

Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.

Michigan Law Review

The airspace above land is the object of at least five conflicting claims of right. The owner of the land beneath it claims the right to use it and at least a limited right to prevent its use. The aviator demands the right to fly through it. The airport operator, whether governmental agent or private individual, has an interest in keeping it free from obstructions. The state claims sovereignty over it. The federal government claims the power to control it for the purposes of interstate commerce as well as international relations.