Air and Space Law Commons^™

Private Management And Operation Of The Space Shuttle: Some Legal Problems Related To Market Entry, George S. Robinson

Akron Law Review

Most of the private enterprise constituency interested in participating in the commercial exploitation of near and deep space will be subject to a multitude of new laws and entire legal regimes, ranging in scope from public and private international law to domestic legislation, implementing regulations and, even the old and new anti-trust laws. The majority of the interested business community has no idea that an amalgam of specific legal principles and regimes already exists of sufficient distinction to be called "space law."

The New Era In Outer Space, Hamilton Desaussure

Akron Law Review

In a speech given at the Kennedy Space Center October, 1978, President Carter noted that the United States has invested about one hundred billion dollars in the United States space program and that the inauguration of the space shuttle will bring the second great era of the space age. He stated that the most paradoxical and exciting thing about the shuttle is that "it will make our use of space in the future routine and perhaps not very exciting. . . ." Routine it may not become for perhaps a generation, but exciting it will almost certainly be from the …

The Operator's Liability With Regard To Transport Of Goods By Space Shuttle, I.H. Ph. Diederiks-Verschoor

Akron Law Review

The Convention on International Liability for Damage Caused by Space Object3 covers only the damage caused to third parties and objects in space. A parallel to the Warsaw Convention of 1929 which regulates the liability of air carriers for injury to transported passengers, luggage and goods, and also for delay in delivery, has not been established in space law. Until now there was no need for such a Convention. With the development of the transportation of goods in space, however, legal rules governing this liability will become desirable, if not necessary.

Uncrashworthy Aircraft And The Manufacturer's Liability, Robert Kent

Akron Law Review

The concept of crashworthiness has now been accepted by a resounding majority of states if not all states. Although widely used since Larsen in automobile crash cases, crashworthiness has only recently been successfully applied to the aircraft. Perhaps this foreshadows the future. The automobile differs only slightly from the helicopter and the airplane. All are products; all are accepted modes of transportation; and all may be designed to be reasonably safe. The doctrine of crashworthiness has been so widely accepted with respect to the automobile that the time has now arrived for the doctrine to be accepted in the field …

Lease, Charter And Interchange Of Aircraft: A Governmental Perspective, John T. Stewart Jr.

Akron Law Review

The problems concerning the responsibility of the State of registry with respect to its aircraft which are operated by an operator whose nationality is of another State are primarily jurisdictional in nature. In dealing with them international focus has been upon safety, criminal jurisdiction, property rights in aircraft, and to some extent the responsibilities for damages resulting from the operation of the aircraft which cloak both the State of registry and the State of the operator. What follows outlines briefly the various approaches used by the international legal community to resolve the problems associated with aircraft leases and will be …

A Proposal For A Commissioned Corps Of Space Travelers, Paul F. Adams

Akron Law Review

The exploitive capabilities of the Space Shuttle include its ability to function as a reconnaissance or navigational satellite, a repair or resupply station for other satellites, or as a base station for building large structures in space. Additionally, senior officials of NASA strongly support the establishment of a permanently manned space station, of which shuttle technological capabilities would be an integral part. I As astronaut Robert Crippen said after the maiden flight of Columbia: "We are really in the space business to stay." While the new space technology is undergoing refinement and the imagination is simultaneously developing virtually unlimited uses …

Hazardous Biological Activities In Outer Space, Philip Mcgarrigle

Akron Law Review

The purpose of this article is to focus on space acts that may be classified as ultrahazardous (specifically microbiological research) and to discuss how these activities are or will be affected by current or future legal regulations. Legal standards from both a United States and an international perspective will be discussed.

The Common Interest In The Exploration, Use And Exploitation Of Outer Space For Peaceful Purposes: The Soviet-American Dilemma, Carl Q. Christol

Akron Law Review

It may be supposed that the final disposition of the use of anti-satellite satellites (ASAT) will take the form of an international agreement which would prescribe required conduct and which would meet the national interests of the signatories. Some attention might be given to a possible alternative. One suggestion is for each of the superpowers to announce that it will pursue a given policy provided the same policy is adhered to by the other. Or, perhaps the promulgation of a national position, for example, a moratorium on ASAT launches, if rigorously adhered to by the other State, might lead to …

Prospects For The Demilitarization Of The Manned Space Station, Hamilton Desaussure

Akron Law Review

An incremental approach to the complete disarmament of outer space could continue with the prohibition of any type of military activity on board earth orbiting manned space stations. The U.S. and the USSR are committed to placing such stations in permanent orbit within the next decade. An international agreement giving demilitarized status to them would be a major achievement.

Article IV of the Outer Space Treaty prohibits the establishment of military bases, installations, and fortifications on the moon and other celestial bodies. Manned space stations in earth orbit should be subject to the same limitations, with military personnel permitted for …

The Present Developments Of Legal Regulations Of Space Activities In Russia And Commonwealth Of Independent States, Elena Kamenetskaya

Akron Law Review

The purpose of this article is to give general information about basic legal documents on the exploration and use of outer space which appeared in Russia and the Commonwealth of Independent States in the recent past.

Developing U.S. - Russian Relations: Academically, Legally And Economically, Isaac C. Hunt Jr.

Akron Law Review

No abstract provided.

Charting The Course For Use Of Small Unmanned Aerial Systems In Newsgathering, Mickey H. Osterreicher

Pepperdine Law Review

News organizations and individual journalists eagerly anticipate safely utilizing Small Unmanned Aerial Systems (sUAS) for newsgathering purposes as lawmakers integrate sUAS into the National Air Space (NAS). For now, these potential users may be flying over an "unchartered" regulatory landscape while the FAA struggles to complete its administrative rulemaking. In order to better understand how media organizations and individual journalists intend to use sUAS for newsgathering purposes, the National Press Photographers Association (NPPA) developed a survey consisting of twenty-one multiple choice questions, with space for elaboration, and three questions seeking narrative responses. The survey was distributed via email to approximately …

Adopting Upward Pricing Pressure Indices In Ftc Merger Simulation Analysis: Tales From The Us Airline Industry, Sean M. Riegert

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Legal Aspects Of Navigation: The Cases For Privacy And Liability: An Introduction For Non-Lawyers, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Navigation making use of advanced technologies—notably involving radiowaves providing precise information on positioning, navigation options, and on the surrounding geographic environment—has become an ever more present phenomenon in today’s societies. Needless to say, this raises also a number of profound legal issues, some more general in nature, some more specific to the navigation sector or even a specific subsector thereof, alternatively taking on a specific flavor once arising in that context. Among those, arguably the issues of privacy and protection of data against undue interference, respectively liability for erroneous positioning, navigation, or environmental information and any damage or loss suffered …

Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Outer Space - A New Dimension Of The Arms Race. Ed. Bhupendra Jasani. London: Taylor And Francis Ltd., 1982., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.

Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin

Georgia Journal of International & Comparative Law

No abstract provided.

Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The U.S. Government faces acute budgetary deficits and national debt problems in the Obama Administration. These problems have been brought about by decades of unsustainable government spending affecting all agencies including the National Aeronautics and Space Administration. (NASA). An outgrowth of this fiscal profligacy is the presence of wasteful and duplicative programs within NASA that prevent this agency from achieving its space science and human spaceflight objectives. These problems occur due to mismanagement of these programs from NASA and the creation of these programs by the U.S. Congress and congressional committees. This occurs because congressional appropriators tend to be more …

The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.

European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik

Georgia Journal of International & Comparative Law

No abstract provided.

Pirker And Beyond: Questions Of Policy Versus Law On Unmanned Aerial Systems (Uas), Sarah Nilsson

Aviation / Aeronautics / Aerospace International Research Conference

The regulatory versus policy landscape for unmanned aerial system (UAS) users in the United States (US), as of February 2015, is not an easy one to navigate. The whole country is buzzing with the sound of this new technology, not just in terms of engine noise but more so in terms of the public outcry to the invasion of privacy. The federal government is currently drafting laws that will safely integrate these systems within the National Airspace System (NAS). Concurrently, at least 20 states, unable to wait patiently in the sidelines for such legislation, have implemented their own statutes to …

Assessing The Commercial Aviation Impact Of The Year 2000 Open Skies Agreements Between The United States And African Countries With Longstanding Flights, Tyler B. Spence, Micah Walala, Richard O. Fanjoy

Aviation / Aeronautics / Aerospace International Research Conference

The U.S. started a comprehensive campaign towards Open Skies agreement in 1992. The major benefits of Open sky agreement are reported to include increase of passenger and cargo volume between partners. This study analyzes passenger traffic and cargo volume between six African countries that have had commercial aviation with the U.S. since 1990 to 2014, and with direct flights between them. Two of the countries have had no Open Skies agreement with the U.S., while four have had Open Skies agreement beginning in 2000. A multi linear modeling process was applied on the two categories to determine whether there is …

About The New Pca Rules And Their Application To Satellite Communication Disputes, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In 2011 the PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities were adopted. The present contribution addresses the possible relevance of these new rules for disputes regarding international satellite communication, noting the existence of various dispute settlement regimes already available and analyzing their respective usefulness for such international satellite communications disputes.

The Sky's The Limit: Uas Regulation And Changing Applications In Agriculture, Lindsey T. Anderson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

State Labs Of Federalism And Law Enforcement 'Drone' Use, Chris Jenks

Faculty Journal Articles and Book Chapters

This article reviews and assesses current state legislation regulating law enforcement use of unmanned aerial systems (UAS). The legislation runs the gamut of permissive to restrictive and even utilizes different terms for the same object of regulation, UAS. These laws are the confused and at times even contradictory extension of societal views about UAS. The article reviews the U.S. Supreme Court’s manned aircraft trilogy of cases, California v. Ciraolo, Florida v. Riley, and Dow Chemical v. U.S. and two significant technology based decisions, Kyllo v. U.S. and U.S. v. Jones, and applies them to current state efforts to regulate law …

Breadth Of The Ada Preemption Provision - Morales And Wolens Reaffirmed And The Extension To The Common Law, Hannah Mason

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Development Fee In India Airports - A Case Study, Moses George

Journal of Air Law and Commerce

Privatization of airports owned by the Airport Authority of India (AAI) was intended to bring in private capital and thereby improve airport standards and reduce high airport costs in India. This Article will analyze the post-privatization economic scenario, specifically with regards to a new category of airport levy, called the development fee (DF), in light of the Supreme Court of India's decision on the issue. This article discusses various legal and regulatory issues connected with this levy, especially as they relate to international and domestic guidelines regarding airport charges, including International Civil Aviation Organization (ICAO) documents, the Chicago Convention, the …

Recent Developments In Aviation Law, Johnathan S. Ziss, Saleel V. Sabnis

Journal of Air Law and Commerce

No abstract provided.

Plain Talk About Plane Claims: An Air Carrier Claims Examiner's Handbook, R.D. Truitt

Journal of Air Law and Commerce

No abstract provided.