Air and Space Law Commons^™

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Vanderbilt Journal of Transnational Law

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

A Regulatory Scheme For The Dawn Of Space Tourism, Molly M. Mccue

Vanderbilt Journal of Transnational Law

Today, companies like Blue Origin and Virgin Galactic have successfully launched paying customers into space, forging the future of the space tourism industry. While a growing space tourism industry promotes scientific advancement and opens an activity once reserved for trained astronauts to the public, the industry generates new issues and reveals the vulnerabilities of international space law. This Note explores the history of commercial spaceflight and the international agreements that comprise the current legal regime. It argues that space tourism presents a need for a new international agreement to address three vulnerabilities in the current international regime: environmental protections, protections …

Independence And Liability In Civil Aviation Accident Investigations Through Annex 13 And The Montreal Convention, Joshua C. Moscow

Vanderbilt Journal of Transnational Law

International law governs the investigation of civil aviation accidents through the Chicago Convention and the International Civil Aviation Organization. Their standards, outlined primarily in Annex 13 to the Chicago Convention, require accident investigations to be conducted in an independent and impartial manner. Notwithstanding this requirement, a state with a nationalized airline may lead an Annex 13 investigation into an accident involving (essentially) itself. The conflict that arises when this occurs challenges Annex 13 independence-a challenge that may be difficult to avoid given the prevalence of nationalized airlines. While Annex 13 independence is threatened when a state assumes the role of …

A Litigator’S Guide To The Galaxy: A Look At The Pragmatic Questions For Adjudicating Future Outer Space Disputes, Michael J. Listner, Joshua T. Smith

Vanderbilt Journal of Entertainment & Technology Law

Since the beginnings of the space age, outer space activities have been the realm of government with ancillary involvement by non-governmental actors. The international legal framework for outer space contemplated the involvement of non-governmental actors, but in creating dispute resolution mechanisms the role of non-governmental entities was not considered ripe. The surge of direct non-governmental involvement in outer space activities in recent years again raises the issue of dispute resolution and exemplifies the lack of dispute resolution mechanisms designed to address differences between sovereign states. As the pace of non-governmental activity increases, so does the likelihood of disputes arising between …

Consolidating Space: A Proposal To Establish A Central Forum For The Settlement Of Space-Related Disputes, Matthew J.P. Horton

Vanderbilt Journal of Entertainment & Technology Law

Over sixty years have passed since the Soviet Union launched Sputnik 1 into Earth's orbit. In that time, humanity's presence in space has flourished as technology advanced and new actors entered the scene. Despite this progress, the regime upon which the world relies to resolve space disputes has hardly changed in the fifty years of its existence. As private enterprise floods into the final frontier, how humanity will resolve the inevitable, extraterrestrial disputes is becoming a pressing concern.

The Outer Space Treaty establishes three fundamental principles of space law: (1) space is sovereignless, (2) space exploration and use must be …

Private Governance Responses To Climate Change: The Case Of Global Civil Aviation, Michael P. Vandenbergh, Daniel J. Metzger

Vanderbilt Law School Faculty Publications

This Article explores how private governance can reduce the climate effects of global civil aviation. The civil aviation sector is a major contributor to climate change, accounting for emissions comparable to a top ten emitting country. National and international governmental bodies have taken important steps to address civil aviation, but the measures adopted to date are widely acknowledged to be inadequate. Civil aviation poses particularly difficult challenges for government climate mitigation efforts. Many civil aviation firms operate globally, emissions often occur outside of national boundaries, nations differ on their respective responsibilities, and demand is growing rapidly. Although promising new technologies …

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Vanderbilt Journal of Entertainment & Technology Law

Drones represent the latest revolution in civilian aviation. The sophisticated miniaturized electronics, electric propulsion systems, low cost, and ability to capture close-in imagery make microdrones attractive assets for aerial activities that have never before been feasible. Larger configurations--machodrones--have longer endurance and range and the capability to fly at higher altitudes. They will complement manned airplanes and helicopters in missions for which their cost proves advantageous or for which manned flight is too hazardous or otherwise undesirable. Specific features of electric propulsion, control systems, and the capability of autonomous flight maneuvers will stimulate new types of missions for microdrones; in other …

Will The New Icao-Beijing Instruments Build A Chinese Wall For International Aviation Security?, Alejandro Piera, Michael Gill

Vanderbilt Journal of Transnational Law

The last 6 years have seen an unprecedented level of activity in the field of international aviation law, with the adoption of three new conventions and one new protocol. This is a testament to ICAO's leadership role and its ongoing relevance, particularly in the field of aviation security. The tragic events of 9/11 highlighted some weaknesses in the international law regime and were the impetus behind the nine-year process that led to the adoption of the 2010 Beijing Convention and Protocol. This Article reviews the historical background to the new treaties, including the journey taken through the ICAO process. It …

Space Debris And Its Threat To National Security, Joseph S. Imburgia

Vanderbilt Journal of Transnational Law

In 2007, a Chinese anti-satellite missile destroyed an aging weather satellite, creating millions of pieces of space debris. In 2009, the collision of two satellites created thousands more. By 2010, more than 95 percent of all man-made objects in Earth's orbit were debris. Such a sudden and massive addition to the space debris environment since 2007 poses a direct threat to operational satellites and continued space access. This in turn threatens U.S. national security, to which space access and use is vital. Unfortunately, future increases in the number of space-faring nations and corresponding launches will only exacerbate this space debris …

Satellite Wars: Culture Vs. Expression, Alex Colangelo

Vanderbilt Journal of Entertainment & Technology Law

This Article first describes satellite technology and the process by which Canadians access American satellite broadcasts. It then examines the competing issues of preservation of Canadian business and culture, versus the freedom of expression as set forth in section 2(b) of the "Canadian Charter of Rights and Freedoms" (hereinafter "Charter"). Next, the Article considers case law preceding Bell ExpressVu, and presents an examination of the findings of the Supreme Court of Canada in Bell ExpressVu. The Article will then argue that the Supreme Court incorrectly found that there existed no ambiguity in the various interpretations of section 9(l)(c), and that …

The Economics Of Post-September 11 Financial Aid To Airlines, Margaret M. Blair

Vanderbilt Law School Faculty Publications

This Article considers the economic and policy merits of the Air Transportation Safety and System Stabilization Act, passed by Congress and signed into law in the immediate aftermath of the Sept. 11, 2001 terrorist attacks. The Act provided immediate cash relief to airlines to compensate them for losses resulting from the federal ground stop order during the first four days after the attack, as well as established the Air Transportation Stabilization Board to consider further federal financial assistance such as loan guarantees to airlines hurt by the actual terrorist events and the threat of future such events. During the year …

"Super Jumbo" Problem: Boeing, Airbus, And The Battle For The Geopolitical Future, Daniel L. Fisher

Vanderbilt Journal of Transnational Law

The commercial aircraft industry is important to the United States for both economic and political reasons. Economically, commercial aviation has been the linchpin of the military-industrial complex and a positive actor on many other segments of U.S. industry. Politically, Boeing has ensured the lead of the United States in the aviation industry and aviation exports, which have a beneficial effect on the ability of the United States to export geopolitical power.

Cognizant of this salutary effect of a successful aviation industry on the United States, Europe created and financed Airbus as a direct competitor to Boeing, hoping it would play …

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 …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories, and references are given for further research:

Constitutionality of the Immigration Marriage Fraud Amendments Upheld over Challenge by Deportable Alien and United States Spouse

Anetekhai v. Immigration and Naturalization Service

876 F.2d 1218 (5th Cir. 1989)

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Standing Granted to Challenge Hostile Takeover between Foreign Firms under United States Antitrust and Securities Laws

Consolidated Gold Fields PLC v. Minorco, …

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 …

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, …

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 …

Recent Cases, Stephen K. Rush, Joseph A. Latham, Jr.

Vanderbilt Law Review

Conflicts of Law--Federal Preemption--Aviation Law

Appellant-defendants, the United States' and a national airline whose plane had been involved in a mid-air collision while under radar direction from the FAA, agreed to a settlement of the resulting actions for wrongful death that had been initiated in various federal district courts and consolidated in the Southern District of Indiana. Appellants then sought indemnity and contribution by cross-claim and third-party complaints against appellee-defendants, the owners of the other plane involved in the collision and the estate of its student pilot. The appellees contended that since no right to indemnity and contribution existed under …

Book Reviews, Harry H. Ransom, Nicolas M. Matte

Vanderbilt Journal of Transnational Law

FOREIGN AFFAIRS AND THE CONSTITUTION

By Louis Henkin

Mineola, New York: Foundation Press, 1972. Pp. 535. $11.50.

Harry Howe Ransom (reviewer)

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THE CONCEPT OF STATE JURISDICTION IN INTERNATIONAL SPACE LAW

By Imre Anthony Csabafi

The Hague: Martinus Nijhoff,1971. Pp. xix, 155. $9.10.

Nicolas Mateesco Matte (reviewer)

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 …

Recent Treaties And Statutes, William H. Schwarzschild, Iii

Vanderbilt Journal of Transnational Law

Admiralty--Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972--Congress Abrogates Doctrine of Seaworthiness for Longshoremen

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Space Law--Convention on Liability--Procedure Established to Enforce Liability for Damage Caused by Space Objects

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 …

Book Reviews, Samuel A. Bleicher, Nat. T. Winston, Jr., Dan B. German

Vanderbilt Law Review

Law-Making in the International Civil Aviation Organization By Thomas Buergenthal Syracuse University Press, 1969. Pp. viii,247. $10.50.

reviewer: Samuel A. Bleicher

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The Role of Psychiatry in Law By Manfred S. Guttmacher, M.D. Springfield: Charles C. Thomas, 1968. Pp. ix, 170. $7.50.

reviewer: Nat. T. Winston, Jr., M.D.

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The Development of Political Attitudes in Children By Robert D. Hess & Judith V. Torney Chicago: Aldine Publishing Co., 1967. Pp. xviii, 288. $9.75.

reviewer: Dan B. German

The Use Of Arbitration In The Settlement Of Bilateral Air Rights Disputes, Ross T. Dicker

Vanderbilt Journal of Transnational Law

In the field of aviation, world transportation is bound together by a highly complex and sophisticated arrangement in which each country designates a single carrier to carry its flag to foreign-countries. The United States has not followed this practice of designating one line as the nation's flag carrier and has twenty "international" carriers which transport passengers, cargo, and mail to foreign countries. Each one of these carriers is a private business concern, competing in most cases with another American carrier covering the same route, and in all cases with the air carrier of the country to which it flies. In …

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 …

The Choice Among State Laws In Maritime Death Cases, David P. Currie

Vanderbilt Law Review

This article is about choice of law, not jurisdiction. Suffice it that the court of appeals was prepared to equate a damp Convair with a Cunarder. It is a very interesting fact that in admirality cases, unlike diversity cases, the governing substantive law, in whatever court, is predominantly federal; the Supreme Court has consistently held that the grant of admiralty jurisdiction to federal courts by the Constitution gives federal judges power to create federal decisional law, although the similarly worded diversity grant does not. If this distinction is justifiable, it must be because of the different purposes the Court has …

Lunar Reflections -- On The Jessup Cup, M. Elizabeth Culbreth

Vanderbilt Journal of Transnational Law

A hit from some years ago -- "The moon belongs to every-one" -- came to have special significance for a group of Vanderbilt Law students during the spring of 1967. For the members of the Vanderbilt International Moot Court Team under the guidance of their faculty advisor, Professor Harold Maier, researching, understanding and articulating the international legal arguments on both sides of that musical thesis became the sport of the day. Happily, their endeavors were rewarded on April 29, when Vanderbilt won the National Championship by defeating the team from Harvard Law School in the final round of the fifth …

Tort Liability In Aircraft Accidents, Henry G. Gatlin Jr.

Vanderbilt Law Review

Over twenty years ago, Justice Cardozo said, "Aviation is today an established method of transportation. The future, even the near future, will make it still more general." Aviation is now a vital part of our daily lives and a familiarity well steeped in American tradition. But even with this apparent adoption of the place of aviation in our economic cycle, it is accompanied by misunderstanding and confusion--witness the placement of serious auto accidents on page six of our newspapers, where headlines scream of aviation's failure if a crash occurs. But as was said in Cohn v. United Air Lines Transport …