Air and Space Law Commons^™

Get Off My Plane: The Need For Extreme Deference To Captains And Crews On International Flights Under The Tokyo Convention Of 1963, Jordan Campbell

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Legal Consequences Of Undisclosed Medical Conditions On Aircraft Operator Liability, Douglas H. Amster

Journal of Air Law and Commerce

No abstract provided.

Warsaw, Montreal, And The U.S. Department Of Transportation: Consumer Protection For Forum Selection, Jessica Rapoport

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law - 2011, Will S. Skinner, Matthew S. Mchale

Journal of Air Law and Commerce

No abstract provided.

Remembering How To Fly: How New Pilot Training Requirements May Do More Harm Than Good, Jane Cherry

Journal of Air Law and Commerce

No abstract provided.

Maintaining Privacy In A World Of Technological Transparency: The Barr Program's Ups And Downs In Changing Times, Olga Gurtovaya

Journal of Air Law and Commerce

No abstract provided.

Grounding The Cape Wind Project: How The Faa Played Into The Hands Of Wind Farm Opponents And What We Can Learn From It, Heidi Willers

Journal of Air Law and Commerce

No abstract provided.

The United States Vs. France: Article 33 Of The Montreal Convention And The Doctrine Of Forum Non Conveniens, Allan I. Mendelsohn, Carlos J. Ruiz

Journal of Air Law and Commerce

No abstract provided.

Drones In The National Airspace, Timothy T. Takahashi

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Space Demilitarization Treaties In A New Era Of Manned Nuclear Spaceflights, Leonardo P. Caselli

Journal of Air Law and Commerce

No abstract provided.

The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.

Faculty Scholarship

The purpose of this short essay is to reflect upon a few issues that illustrate how legal and ethical issues intersect in the cyber realm. Such an intersection should not be especially surprising., Historian Geoffrey Best insists, “[I]t must never be forgotten that the law of war, wherever it began at all, began mainly as a matter of religion and ethics . . . “It began in ethics” Best says “and it has kept one foot in ethics ever since.” Understanding that relationship is vital to appreciating the full scope of the responsibilities of a cyber-warrior in the 21st century.

The Aircraft Sector Understanding: New Financing Rules That Reflect The Aviation World Of Today, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

In late February, the Organisation for Economic Cooperation and Development (OECD) held a signing ceremony for the new Aircraft Sector Understanding (ASU) that governs export financing rules for aircraft manufactured in all OECD countries and Brazil. Unlike a treaty, which results in countries adopting a document with compulsory obligations, this accord is a “soft law” non-binding arrangement. And yet, this multilateral gentlemen’s agreement, in its many versions, has been an effective tool in providing financing rules for civil and commercial aircraft. The ASU sets forth the most favorable terms that can be extended by export credit agencies to eligible parties …

A New 'Star' In The Firmament--Teaching Space And Telecoms Law As A Post-Graduate Ll.M. Programme, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Contents

I. Congratulatory message to Professor Doo-Hwan Kim on his 77th anniversary

II. Teaching space law: the beginnings

III. Teaching space law: broadening the picture

IV. Teaching space law and telecommunications law

Space For Celestial Symphonies? Towards The Establishment Of International Radio Quiet Zones, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The growth of low- and medium-Earth orbit mobile satellite communications poses a threat to radio astronomers which could be mitigated by the establishment of international radio quiet zones (IRQZs), where communications traffic is managed (not eliminated) to allow radio astronomy to continue. Using the prototype of national such zones in the USA, this article explains how the system would work and discusses the international legal parameters that would bound it, drawing on current aerospace, outer space and high seas legislation. Precedents for an IRQZ—Exclusive Economic Zones, denuclearized zones and the Antarctic regime—are also examined.

The Eu Space Competence As Per The Treaty Of Lisbon: Sea Change Or Empty Shell?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The entry into force of the Treaty of Lisbon late 2009 introduced a so-called 'space competence' of the European Union into the already complicated legal European 'spacescape' . It has been hailed by some as a sea change, a watershed following which the EU finally and irreversibly has entered the realm of legislating for space, whereas others fail to see it as more than an empty shell, a fig leaf for politicians to be able to show at least some progress towards a united European approach and policy with respect to space.

Whilst some discussion has focused on whether this …

The Origins Of Authorisation: Article Vi Of The Outer Space Treaty And International Space Law, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

The issue of authorisation of private space activities, the key theme of the present book, ultimately goes back to the principled political disagreements in the 50s and 60s between the two (then) superpowers in space, the United States and the Soviet Union, on the proper role of other entities than states in space activities. The Soviet Union, true to its communist ideology, was squarely against any private activities in most economically-relevant areas of society, but certainly so in an area of such strategic concern as outer space. l By contrast, the United States throughout its existence has …

Liability And Insurance In The Context Of National Authorisation, A. Kerrest De Rozavel, F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

It is probably difficult to overstate the importance of liability and the related area of insurance when domestic legislation in the field of space activities is concerned, as such activities still constitute a relatively hazardous undertaking and the risks of something going horribly wrong are always close at hand. Moreover, though fortunately so far major accidents as a consequence of space activities—at least on earth—have not occurred, if they would occur there should be little doubt that they may cause major damage, potentially even of a catastrophic size. As a consequence, the question as regards who would …

Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson

American University International Law Review

No abstract provided.

Airspace In A Green Economy, Troy A. Rule

Faculty Publications

The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …

Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon

Cardozo Journal of Conflict Resolution

In Section I, this Article explores the promotion of wind energy by looking at the current system of incentives and regulations, including the authority to mitigate adverse impacts. In Section II, the Article looks at the role of citizens in siting generally, how involvement can turn into opposition, and how that opposition can be managed productively. Section III explores three approaches to citizen engagement that have been used for decades-participatory planning, negotiated rulemaking and facility siting. Finally, Section IV provides a framework for the federal government to work cooperatively with state and local governments to create comprehensive wind energy plans …

Cost Sharing In Air-Service Provision, David Timothy Duval, Niven Winchester

Journal of Air Law and Commerce

No abstract provided.

Psychiatric Injury In Aviation Accidents Under The Warsaw And Montreal Conventions: The Interface Between Medicine And Law, Christopher Andrews, Vernon Nase

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.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The 2010 Nasa Authorization Act: Legislators As Rocket Scientists And Other Implications For America's Human Spaceflight Program, Jason S. Sharp

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …

The Issue Of National Security In The Context Of National Space Legislation—Comparing European And Non-European States, F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

The inherent dual-use character of most, if not all space activities cannot fail to exercise a considerable impact also on the involvement of private actors in space. Much technology used for and/or developed by private space activities may potentially be put at the use of those wishing to change a particular political status quo, and likewise the material results of some private space activities may, consciously or inadvertently, come to be used against the national security interests of one state or another. Hence, issues of national security will likely also have an effect on the issue of …