Air and Space Law Commons^™

Space, Cyber, And Telecommunications Law: 2019-2020 Annual Report, Matt Schaefer, Justin Hurwitz, Jack M. Beard, Frans Von Der Dunk, Elsbeth Magilton

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In assembling this Annual Report we appreciated the opportunity to review major accomplishments and growth of the Space, Cyber, and Telecommunications Law (SCTL) program during the 2019-2020 academic year. Of course, this was a year like no other as we responded to an unfolding global pandemic. We are proud of what we accomplished prior to that and of our response in the face of that sudden change. For readers unfamiliar with the program, the SCTL program was established in 2007 largely in response to interest by the U.S. Air Force in establishing a U.S. based program in space law to …

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

Scoping National Space Law: The True Meaning Of “National Activities In Outer Space” Of Article Vi Of The Outer Space Treaty, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities,” has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of “national activities by nongovernmental entities” should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret …

Eu Air Passengers’ Rights Past, Present, And Future: In An Uncertain World (Regulation (Ec) 261/2004: Evaluation And Case Study), Sarah Jane Fox, Luis Martín-Domingo

Journal of Air Law and Commerce

Passenger rights have continued to be strengthened following deregulation in the European Union (EU—previously the European Community) with common rules on compensation and assistance to passengers in the event of denied boarding, cancellation, and long flight delays. In January 2020, the European Commission (EC) stated that “these rights need to be better known and easier to understand and enforced.” This article considers the emerging role of Claims Management Companies (CMCs) as a step to aid passengers in achieving redress against airlines, undertaking a case study of a CMC in Spain.

The research also addresses the complexities of airline passenger rights, …

Whose Rights Are They Anyway? Solving The Problem Of Extraterritorial Assertions Of Authority In The Aviation Industry, John L. Sasso

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Deadly Drones? Why Faa Regulations Miss The Mark On Drone Safety, Steve Calandrillo, Jason Oh, Ari Webb

Articles

A rapidly growing commercial drone industry has prompted the introduction of numerous regulations governing American airspace. Congress has tasked the Federal Aviation Administration (FAA) with “developing plans for the use of the navigable airspace to ensure the safety of aircraft and the efficient use” of American skies. While well-intended, the FAA has departed from Congressional will by imposing an excessive regulatory regime that threatens to stifle drone technology and innovation. In fact, many FAA regulations fail to address the very problem they seek to fix, namely the safety of our airspace. The unfortunate result is that myriad scientific and pragmatic …

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming

Avoiding Pyrrhic Victories In Orbit: A Need For Kinetic Anti-Satellite Arms Control In The Twenty-First Century, Captain Cort S. Thompson

Journal of Air Law and Commerce

On March 27, 2019, India launched a direct ascent anti-satellite (ASAT) weapon, aimed at the Indian Ministry of Defense satellite Microsat-R. The kinetic-energy ASAT weapon collided with Microsat-R at an altitude of nearly 300 kilometers, creating an estimated 250 pieces of trackable debris from the 740-kilogram satellite. With this effective demonstration of ASAT capability, India became only the fourth nation to successfully intercept an orbiting satellite in the sixty-one years since the U.S.S.R. placed into orbit the first artificial satellite, Sputnik. While India’s demonstration purported to take deliberate steps to mitigate some of the risk associated with a …

Unfair Disclosure—Adopting A Limited Consultant Corollary For Foia’S Exemption 5 In Attorney Work–Product Cases Preserves Litigation Parity For Agencies Like The Faa, Ellen Smith Yost

Journal of Air Law and Commerce

No abstract provided.

Bet On The Field: Why Field Preemption Should Apply To The Federal Aviation Act, Jack Milligan

Journal of Air Law and Commerce

One of the primary challenges facing the American aviation industry is the issue of federal preemption. Although Congress has a long history of heavy involvement in regulating the aviation industry, the Federal Aviation Act (FAAct) does not include an express preemption provision, leaving states, courts, and industry members with little guidance about the proper reach of federal and state regulations. The circuit courts are sharply divided on their approaches and answers to this question. The issue of preemption is especially important in the context of aviation manufacturing, where the federal government has prescribed a litany of different safety standards, but …

Federal Dollars For All Humankind: Using Procurement Law To Increase Diversity In The Space Industry, Nicole A. Williamson

Journal of Air Law and Commerce

This Article explores how to employ federal government contracting programs to increase gender and racial diversity within the space industry. Part II of the Article touches briefly on the importance of diversity generally and examines the underrepresentation of women and minorities within the $325 billion industry surrounding outer space activities. Part III provides a high-level overview of federal government contracting, in particular focusing on Small Business Administration programs intended to benefit small businesses, minority-owned businesses, and women-owned businesses. Part IV concentrates on contracting within the space industry. Part V offers three suggestions to increase contract awards to women and minority …

Targeting In Outer Space: An Exploration Of Regime Interactions In The Final Frontier, Caitlyn Georgeson, Matthew T. Stubbs

Journal of Air Law and Commerce

Space infrastructure is now integral to both civilian life and warfare. Belligerents may find great military advantage in destroying a satellite in orbit, but this could have grave consequences for civilians on earth and create long-lasting space debris. This Article identifies the applicable law by harmonizing international humanitarian law, human rights law, and international space law. The Authors conclude that targeting a satellite in armed conflict will be permissible only as a measure of last resort, not of first response.

Can We Address Orbital Debris With The International Law We Already Have? An Examination Of Treaty Interpretation And The Due Regard Principle, John S. Goehring

Journal of Air Law and Commerce

India’s controversial anti-satellite test in 2019 provides the United States an opportunity to demonstrate leadership in preventing future debris-generating events. However, new international space laws or norms are unlikely. Instead, the United States could look to the international space law already in place, particularly the due regard principle contained within Article IX of the 1967 Outer Space Treaty (Article IX). Ignored throughout its history, Article IX’s due regard principle has untapped potential. States, through their practice in the application of treaties, can shape the interpretation of treaty provisions in order to accommodate changing circumstances. The United States has experience in …

Book Review: Space Law: A Treatise (Second Edition), Sylvia Ospina

Journal of Air Law and Commerce

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents