Air and Space Law Commons^™

Front Matter

Journal of Air Law and Commerce

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Front Matter

Journal of Air Law and Commerce

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The Duty To Rescue Space Tourists And Return Private Spacecraft, Mark J. Sundahl

Law Faculty Articles and Essays

International space law has long imposed a duty to rescue astronauts and return errant spacecraft to the launching state. However, the existing space law treaties contain a number of gaps and interpretational problems that, among other things, call into question whether the duty to rescue and return applies to space tourists and spacecraft owned by private companies. These issues are of critical importance to the survival of the new space tourism industry, which is made up of a growing number of companies - such as Virgin Galactic, Rocketplane, and Blue Origin - that intend to launch their maiden flights in …

Rarely Tried, And . . . Rarely Successful: Theoretically Impossible Price Predation Among The Airlines, Christopher L. Sagers

Law Faculty Articles and Essays

Two large bodies of literature bearing on the competitive health of the deregulated airlines are in sharp conflict: (1) the volumes of judicial and academic output to the effect that the phenomenon of predatory pricing is, as a practical matter, impossible; and (2) the similarly massive body of industry-specific theory and empirical evidence that predation not only occurs in airline markets, but has been a key tool to preserve market power held by the surviving legacy carriers. This article seeks to establish from the latter that the former is a poor basis for policy, especially if there is nothing really …

Bigelow Aerospace's Commodity Jurisdiction Request Under Itar And Its Impact On The Future Of Private Spaceflight, Mark J. Sundahl

Law Faculty Contributions to Books

On April 22, 2009, Bigelow Aerospace announced that the United States Directorate of Defense Trade Controls (DDTC) had responded favorably to Bigelow's commodity jurisdiction request to ease its regulatory burden under the International Traffic in Arms Regulations (ITAR). Prior to this decision by the DDTC, the presence of foreign nationals on a Bigelow space station would have been treated as an "export" of space technology under IT AR - thus requiring a license from the DDTC in addition to other burdens. Bigelow Aerospace's successful commodity jurisdiction request has removed these obstacles and, as a result, has breathed new life into …

European Satellite Earth Observation: Law, Regulations, Policies, Projects, And Programmes, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Outer space is no longer the exclusive domain of the two Cold War superpowers, the United States and the Soviet Union. In fact, many states now understand the potential benefits that outer space activities can bring and have become active in outer space activities in their own ways. Amongst the major players in outer space, specifically the area of satellite earth observation, one area stands out: Europe. Europe is not a single state, such as the United States, Russia, Japan, China, India, or Brazil; rather, Europe is comprised of a number of sovereign member states. The term Europe as used …

Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This article asserts the thesis that customary international law (CIL), even in the absence of any new treaty, already provides a legal regime constraining the testing and use in combat of anti-satellite (ASAT) weapons. This argument, if validated, is important for both legal and public policy considerations: the world (especially, but not only, the United States) has grown increasingly dependent upon satellites for the performance of a wide array of commercial and military functions. At the same time, because of this growing reliance (and hence vulnerability), interest has surged in developing novel systems for attacking a potential enemy’s satellites – …

A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule

Faculty Publications

The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …

Europe And The 'Resolution Revolution': 'European' Legal Approaches To Privacy And Their Relevance For Space Remote Sensing Activities, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

English abstract: With the increasing general availability of very high resolution (VHR) satellite remote sensing data, issues of potential invasion of personal spheres of privacy will become ever more important. As of yet, there is no international law providing for a clear-cut regime balancing the freedom of information, including information gathering, with the rights of individual persons to remain free from interference with their privacy. The latter issues therefore essentially can be tackled only at a national level, with the obvious disadvantage that any regulation remains principally limited in scope to the national jurisdiction concerned.

Also at the European level …

The International Law Of Outer Space And Consequences At The National Level For India: Towards An Indian National Space Law?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The discussion on a forum on the famous web-based LinkedIn networking site has already taken off: should India, as party to the four most important international space treaties, also develop a national space law, as other states increasingly are doing? That India is currently one of the leading spacefaring nations in the world is beyond discussion. In itself, however, that does not necessarily necessitate going through the trouble of drafting and implementing a national space law.

This article, however, argues that indeed, following the examples of a growing number of spacefaring states around the world discussed in some detail as …

Satellite Transponders And Free Expression, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Playing The Slots: The Faa Gambles With Its Controversial Congestion Management Plan For New York's Busiest Airports, Benjamin D. Williams

Journal of Air Law and Commerce

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Recent Developments In Aviation Law, Donald R. Andersen

Journal of Air Law and Commerce

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Preemption - The Preemptive Scope Of The Airline Deregulation Act As Amended By The Whistleblower Protection Program: Wright V. Nordam Group, Inc., Katrina Maher

Journal of Air Law and Commerce

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Antidiscrimination Law - In The Face Of Racial Profiling, The First Circuit Holds That Longstanding Antidiscrimination Principles Must Yield To Airline Safety: Cerqueira V. American Airlines, Inc., Benjamin D. Williams

Journal of Air Law and Commerce

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Gays In The Military - The Ninth Circuit Court Of Appeals Fails To Subject Don't Ask, Don't Tell To A Strict Scrutiny Test: Witt V. Department Of The Air Force, Genevra Williams

Journal of Air Law and Commerce

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Gps For The Sky: A Survey Of Automatic Dependent Surveillance-Broadcast (Ads-B) And Its Implementation In The United States, Genevra Williams

Journal of Air Law and Commerce

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Pushing The Envelope: Why Washington, Dc Airspace Restrictions Do Not Enhance Security, John W. Heck

Journal of Air Law and Commerce

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Assessing The Risks: Tort Liability And Risk Management In The Event Of A Commercial Human Space Flight Vehicle Accident, Michael C. Mineiro

Journal of Air Law and Commerce

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Some Inconvenient Truths About Forum Non Conveniens Law In International Aviation Disasters, Don G. Rushing, Ellen Nudelman Alder

Journal of Air Law and Commerce

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Regulating Safety - Can The National Transportation Safety Board And The Federal Aviation Administration Improve The Safety Of Ems Flights, J. Cade Hamner

Journal of Air Law and Commerce

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Beyond Orwell: The Application Of Unmanned Aircraft Systems In Domestic Surveillance Operations, Paul Mcbride

Journal of Air Law and Commerce

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Front Matter

Journal of Air Law and Commerce

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Sovereignty, Politics, And U.S. International Airline Policy, Alan P. Dobson, Joseph A. Mckinney

Journal of Air Law and Commerce

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Flying Safely, The Prosecution Of Pilots, And The Icao Chicago Convention: Some Comparative Perspectives, Marvyn E. Bennun, Gavin Mckellar

Journal of Air Law and Commerce

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Aircraft Crashes: Should Aircraft Lessors Be Held Liable, Geoff Kass, Violet O'Brien

Journal of Air Law and Commerce

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A Legal Regime For Space Tourism: Creating Legal Certainty In Outer Space, Zhao Yun

Journal of Air Law and Commerce

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Legal Issues In The Deployment Of A Dedicated Satellite For The Indian Navy, Anand Mohan

Journal of Air Law and Commerce

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Rarely Tried, And - Rarely Successful: Theoretically Impossible Price Predation Among The Airlines, Chris Sagers

Journal of Air Law and Commerce

No abstract provided.

Outer Space, Inc.: Transmitting Business, Ethics, And Policy Across The Universe, Gabriele Wohl

West Virginia Law Review

No abstract provided.