Air and Space Law Commons^™

How The Rescue And Return Agreement Can Protect (And Harm) The Interest Of A Creditor Under The Cape Town Convention, Mark J. Sundahl

Law Faculty Contributions to Books

This volume contains the proceedings of the 55th Colloquium on the Law of Outer Space held in Naples, Italy in October 2012, including the 27th IAA-IISL Scientific-Legal Roundtable, as well as the papers presented at the IISL-ECSL Space Law Symposium held on the occasion of the 51st session of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space in Vienna, Austria in March 2012, and of the 7th Eilene M. Galloway Symposium on Critical Issues In Space Law, held in Washington D.C., United States in December 2012. It also contains the report and best written …

Outer Space Law Principles And Privacy, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

When the space law era was ushered in during the late 1950s, it was already clear to some observers that, sooner or later, life on Earth would be monitored from a distance without those living on it necessarily knowing about it—Big Brother in optima forma.

At the same time, with space activities primarily being undertaken by the two superpowers and their acolytes for military/strategic/political purposes (and secondarily for scientific ones), such concerns largely focused on spying in the context of the Cold War. Satellites clearly were excellent tools for finding the whereabouts of the opponent’s tanks, troops, aircraft, warships, …

Law And Policy In The Global Space Industry's Lift-Off, Claudia Pastorius

Barry Law Review

This article provides an overview of current developments in the commercial space industry and touches upon unsettled legal issues in space law and space property rights in particular. The article provides an analysis of the security risks, environmental hazards, and economic opportunities associated with the development of the commercial space industry. Part II gives an overview of past and present commercial and nation-state space development activities. Part III addresses the reasons underlying the ambiguity regarding space property rights in the major source of space law, the Outer Space Treaty of 1967, and proposes that the international community reconsider the benefits …

Cutting The Bread, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Why the draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Received Force against Outer Space Objects (PPWT) will not work—whereas the Code of Conduct for Outer Space Activities may.

Mixing U.S. And Dutch Approaches: Towards Curaçao’S Legislation On Private Commercial Spaceflight, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

One of the more advanced projects to offer private commercial spaceflights concerns Curaçao, the Dutch island in the Caribbean, from where Space Expedition Corporation (SXC) aims to start launching such flights as of 2014 with vehicles to be developed by XCOR. Not only is the island still part of the Kingdom of the Netherlands, albeit as of recently as an autonomous “Land,” SXC is a company with its origins in the Netherlands, too. On the other hand, XCOR, which is going to wet lease its vehicles to SXC, is a US company, and its operations consequently will—to the extent applicable—(also) …

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 …

A Waste Of Judicial And Agency Resources - The Faa's Painstaking Compliance With Regulations Governing The Hangar 24 Project, Laura L. Arbeiter

Journal of Air Law and Commerce

No abstract provided.

Federal Tort Claims Act - Seventh Circuit's Legrande Opinion Is Almost A Knockout, Blake Feikema

Journal of Air Law and Commerce

No abstract provided.

American Airlines' Bankruptcy - Is American Ready For Takeoff After Rejecting Its Collective Bargaining Agreement, Matthew T. Moran

Journal of Air Law and Commerce

No abstract provided.

Tort Claim Preemption Under The Airline Deregulation Act - Courts Still Struggling With The Meaning Of Services, Baine T. Sellers

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Engines Turn Or Passengers Swim: A Case Study Of How Etops Improved Safety And Economics In Aviation, J. Angelo Desantis

Journal of Air Law and Commerce

No abstract provided.

Asteroids, The New Western Frontier: Applying Principles Of The General Mining Law Of 1872 To Incentive Asteroid Mining, Lauren E. Shaw

Journal of Air Law and Commerce

No abstract provided.

Focusing On Adhd: A Second Look At The Faa's Ban On Adhd Medication In The Cockpit, Baine Sellers

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Delimitation Between Airspace And Outer Space And The Emergence Of Aerospace Objects, Jinyuan Su

Journal of Air Law and Commerce

Although the legal border between airspace and outer space still awaits international agreement, this lacuna has not given rise to significant difficulties in the determination of applicable law with respect to traditional flight craft-aircraft and space objects due to their separated spheres of activity. The emergence of aerospace objects' does not justify the urgency of delimitation. In the alternative, the difficult question of delimitation could be circumvented if the law is determined based on the objects' nature or purpose. Those performing space missions should be governed by space law, but their traverse through other states' airspace should be regulated.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Fixing The War Powers Resolution In The Age Of Predator Drones And Cyber-Warfare, Alexander Chanock

Journal of Air Law and Commerce

No abstract provided.

Airfreight: Regulatory Environment Encourages Or Imposes Price Coordination, Steven Truxal, Siri Harris

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Death From Above - The Weaponization Of Space And The Threat To International Humanitarian Law, Robert David Onley

Journal of Air Law and Commerce

No abstract provided.

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 …