Air and Space Law Commons^™

Nasa-Cnsa Collaboration, Ellyn Hu '21, Ming Huang '21, Nathan Tamez '21

Student Leadership Exchange (SLX)

Due to the Public Law 112-55, Sec. 539 passed by the 112th United States Congress in April 2011, the National Aeronautics and Space Administration (NASA) is prohibited from using funds to host Chinese visitors at NASA facilities. This law restricts NASA scientists from engaging with China’s recent developments in aerospace technology, resulting in the loss of a potential ally and a mutually beneficial partnership. This law stems from a multitude of reasons, including concern for the security of research centers and distrust that the Chinese will only steal American information. NASA and CNSA (China National Space Administration) have both expressed …

Exoatmospheric Plowshares: Using A Nuclear Explosive Device For Planetary Defense Against An Incoming Asteroid, David A. Koplow

Georgetown Law Faculty Publications and Other Works

What should be done if we suddenly discover a large asteroid on a collision course with Earth? The consequences of an impact could be enormous—scientists believe that such a strike 60 million years ago led to the extinction of the dinosaurs, and something of similar magnitude could happen again. Although no such extraterrestrial threat now looms on the horizon, astronomers concede that they cannot detect all the potentially hazardous “near-Earth objects,” and even more striking, they acknowledge that if such a danger were discerned, there is currently no proven capability for diverting or destroying it.

One possible response to this …

License To Kill: An Analysis Of The Legality Of Fully Autonomous Drones In The Context Of International Use Of Force Law, Andrew Figueroa

Pace International Law Review

We live in a world of constant technological change; and with this change, comes unknown effects and consequences. This is even truer with weapons and warfare. Indeed, as the means and methods of warfare rapidly modify and transform, the effects and consequences on the laws of war are unknown. This Article addresses one such development in weapon and warfare technology—Fully Autonomous Weapons or “Killer Robots”—and discusses the inevitable use of these weapons within the current international law framework. Recognizing the current, inadequate legal framework, this Article proposes a regulation policy to mitigate the risks associated with Fully Autonomous Weapons. But …

Business, Legal, And Policy Issues In Relation To Increased Private Space Activity, Mark J. Sundahl

Law Faculty Articles and Essays

Throughout the history of human activity in outer space, the role of private companies has steadily grown, and, in some cases, companies have even replaced government agencies as the primary actors in space. As private space activity has grown and diversified, the laws and regulations that govern private actors have been forced to evolve in reaction to the new realities of the industry. On the international level, the treaties concluded in the 1960s and 1970s continue to be in force today. However, these treaties only govern state activity in space. The rules regulating private industry are necessarily domestic in nature, …

New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge

Space Traffic Management Conference

The recent Space Policy Directive-3, issued on June 18^th, 2018, commands several sectors of the federal executive apparatus to reassess their current and future efforts to address space traffic management and space situational awareness issues. The reasons for this Directive can be boiled down to the belief that the continued use of the orbital realm depends on responsible management, which in turn depends on myriad factors that include the development of new technologies, the refinement of data gathering, and the clarification of governmental operational roles. In particular, the Directive calls for enhanced standardization of safety and best practices, …

Monetizing Space Debris: Getting Tax Credits On Board, George Anthony Long

Space Traffic Management Conference

Human ingenuity and creativity is said to be one of the most powerful forces on Earth. Money is and historically has been a universal motivation for human ingenuity and creativity. Outer space is not an exception to this historical trend. It is common knowledge that private sector investment in outer space ventures is escalating and this investment is the engine generating the current resurgence in space ventures. The private investments in outer space are principally directed toward resource extraction, space tourism, and other activities which hold the promise of future financial returns on the investments. Noticeably, we do not hear …

Stm In The Nature Of International Space Law, Yu Takeuchi

Space Traffic Management Conference

The discussion regarding STM has been accelerated due to the US policy decision of taking the lead of international discussion in Space Policy Directive 3 (SPD3). It is necessary to solve the following 3 issues to install STM in global sphere; the SSA data sharing; space debris mitigation management; and traffic management regulations.

This paper will be focusing on the 3^rd issue, traffic management regulations, and firstly describe the reason of inherent reluctance of States to control the outer space based on the fundamental principle of international space law. The States sovereignty is always the dominant in the territorial …

Nanosat Tracking And Identification Techniques And Technologies, Mark A. Skinner

Space Traffic Management Conference

Nanosats (and CubeSats, ‘Smallsats’, etc.) are of order 10 cm in size, and are at or near the limits of what can be tracked and characterized, using existing space surveillance assets. Additionally, given the CubeSat form-factor, they are often launched in large numbers (scores), and can be virtually identical. Thus are they difficult to track and to identify.

We have identified a number of technologies that future nanosat missions could employ that would enhance the trackability and/or identification of their satellites when on-orbit. Some of these technologies require active illumination of the satellite with electromagnetic energy, either in the radio …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

International Satellite Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

International satellite law can best be described as that subset of international space law that addresses the operations of satellites in orbit around the Earth. Excluding, therefore, topics such as manned space flight, suborbital space operations, and any activities beyond Earth orbits, this means addressing the use of satellites for telecommunications purposes, for Earth observation and remote sensing, and for positioning, timing, and navigation. These three major sectors of space activities are, in addition to jointly being subject to the body of international space law, each subject to their specific dedicated legal regime —international satellite communications law, international satellite remote …

Stem And Sustainability: Creating Aviation Professional Change Agents, P. Clark, Doreen Mcgunagle, L. Zizka

Publications

With the evolution of the workforce and the growing needs of the aviation industry, a clear need for concrete sustainability initiatives and actions have emerged. Sustainability in this sense becomes a matter of survival. For this reason, in this chapter, we will attempt to close three gaps in current sustainability studies: Theory vs practice, intention vs behavior, and education vs workplace.

Our purpose is to develop a ‘simple’ strategy for integrating all three pillars of sustainability into STEM HE programs that create authentic engagement and real buy-in from the students that are then replicated in the workplace. Based on the …

Settling The Final Frontier: The Orbis Lease And The Possibilities Of Proprietary Communities In Space, Alexander W. Salter

Journal of Air Law and Commerce

The law and economics of space policy have recently become an important research area. In this Article, the author contributes to the literature on legal frameworks for outer space activities, specifically space settlement. Article II of the 1967 Outer Space Treaty forbids the extension of state territorial jurisdiction to outer space. Barring revision of this fundamental tenet of international space law, rules for human conduct in space must come from somewhere other than states. The author proposes privately owned and operated communities (proprietary communities) as a model for space settlement and residence. The author surveys the mechanisms that make such …

Taking An Independent Look At The Air Carrier Access Act: Why No Private Right Of Action Exists, Madison Gafford

Journal of Air Law and Commerce

No abstract provided.

Preventing A Cyber-9/11: How Universal Jurisdiction Could Protect International Aviation In The Digital Age, Laura K. Ashdown

Journal of Air Law and Commerce

No abstract provided.

New Entrant Airlines And Federal Grant Assurances: The End Of Southwest’S Dominant Presence At Love Field, Alex Paez

Journal of Air Law and Commerce

No abstract provided.

Pilots Out Of Uniform: How The Sixth Circuit’S Etihad Decision Undermines The Purpose Of The Montreal Convention, J. Collin Spring

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Patrick J. Kearns

Journal of Air Law and Commerce

No abstract provided.

Keeping The “Live” In Live Animal Air Cargo Transport, Noreen Lanza

Journal of Air Law and Commerce

No abstract provided.

Dot Final Rule On Air Charter Brokers: Paving The Way For The “Uberization” Of Private Air Travel, Jet Mcguire

Journal of Air Law and Commerce

No abstract provided.

Geophysical Trespass, Privacy, And Drones In Oil And Gas Exploration, Sean Valentine

Journal of Air Law and Commerce

No abstract provided.

Technological Solutions To Human Error And How They Can Kill You: Understanding The Boeing 737 Max Products Liability Litigation, W. Bradley Wendel

Journal of Air Law and Commerce

No abstract provided.

Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System, Benjamin Kapnik

Journal of Air Law and Commerce

No abstract provided.

A Brave New World: Using The Outer Space Treaty To Design International Data Protection Standards For Low- Earth Orbit Satellite Operators, Amir Saboorian

Journal of Air Law and Commerce

No abstract provided.

Controlling Biogenic Volatile Organic Compounds For Air Quality, Brian Sawers

Indiana Law Journal

This Article tells a story that is true but seems completely wrong: Trees can make air pollution worse. Smog and ground-level ozone require two chemical ingredients to form: nitrous oxides (NOx) and volatile organic compounds (VOCs). On a warm, sunny day, these two precursors combine to form smog and ground-level ozone, a pollutant. While NOx are pollutants that are largely human-created, VOCs can originate with plants. In fact, emissions of just one type of VOC from trees exceed all human-caused emissions.

This Article presents new research on the impact of plants, especially trees, on air quality. The science is complicated …

The Regulation Of Space Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Space tourism has to be regulated as a subset of private spaceflight activities, whereby humans are sent to outer space in a fundamentally private context. In addition to space law, air law would be relevant for addressing private spaceflight, but neither regime has at the international level regulated relevant activities to any appreciable extent. They provide little more than a set of guiding overarching principles. Much of the onus of future regulation will fall on the shoulders of individual states, most notably the United States. In the more distant future, this may result in a special international regime, using elements …

Legal Challenges In The Context Of The European Space Policy, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Introduction

If institutionalism is about the extent to which institutions influence the political and legal realms, and (political) neoinstitutionalism in that respect stresses the extent to which decisions by political actors are framed by institutions, European space policy would present a very interesting example thereof.

It should be noted, however, that this contribution addresses the issue of European space policy from a predominantly legal vantage point, not that of political science, meaning that even such concepts as “policy” and “institution” are first and foremost being discussed in their legal connotation and context, read from the perspective of a lawyer. Such …

Beyond The Noise: The Airport Proprietor Exception And The Long Beach Airport Experience, Daniel Friedenzohn

Publications

This article addresses how the legal landscape has evolved for airports to regulate noise activity. Part one of discusses the federal role in regulating airport noise. Part two addresses the development of the airport proprietor exception as a legal pathway for airports to regulate airport noise. Part three provides a brief overview of the codification of the airport proprietor exception and the additional role that the federal government adopted with respect to regulating aviation noise. Part four addresses the legal action brought forth by airlines challenging the City of Long Beach airport’s restriction on flight operations. Part five will discuss …

Property Rules For Martian Resources: How The Space Act Of 2015 Increases The Likelihood Of A Single Entity Controlling Access To Mars, Tyler Conte

Journal of Air Law and Commerce

No abstract provided.

#Metoo At 35,000 Feet: Reducing The Risk Of In-Flight Sexual Assaults., Ryan Musser

Journal of Air Law and Commerce

According to the U.S. Federal Bureau of Investigation (FBI), reports of minors and women sexually assaulted on flights have risen dramatically in the last few years. It remains unclear whether this is the result of more assaults or an increase in victims’ courage to report as inspired by the #MeToo movement. In any case, America has been given notice of a truly horrifying problem and a lack of any real hope for victims. This Comment suggests that passenger safety can be improved by creating an Offender No-Fly List for those who have been convicted of inflight sexual assaults.

A flight’s …

Back To The Future? The Use Of Biometrics, Its Impact On Airport Security, And How This Technology Should Be Governed, Eric P. Haas

Journal of Air Law and Commerce

No abstract provided.