Comparative and Foreign Law Commons^™

Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko

Georgia Journal of International & Comparative Law

No abstract provided.

Contents

Georgia Journal of International & Comparative Law

No abstract provided.

Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell

Georgia Journal of International & Comparative Law

No abstract provided.

Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute

Georgia Journal of International & Comparative Law

No abstract provided.

The Legal Regulation Of Armaments And The Control Of Force, Adrian S. Fisher

Georgia Journal of International & Comparative Law

No abstract provided.

Liability For Damage Caused By Small Satellites—A Non-Issue?, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Small satellites have become a welcome addition to the existing tools to benefit from space applications—they are relatively simple and cheap to construct, and being small, relatively cheap to launch as well, as secondary payloads on launch vehicles where the primary payload may not take up all of the (often standardized) payload bay capacity. As they, moreover, usually orbit for relatively short times in low trajectories before burning up in the atmosphere, they might not seem to pose major or even merely realistic liability risks.

As a consequence, sometimes the issue of liability for damage caused by small satellites has …

Space Traffic Management: A Challenge Of Cosmic Proportions, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Space traffic management has often, for example in the IAA Cosmic Study of 2006, been rather broadly defined as “the set of technical and regulatory provisions for promoting safe access into outer space, operations in outer space and return from space to Earth free of physical or radio-frequency interference.” Oftentimes, especially in space law literature, references or even comparisons have been made to traffic management as it has developed in aviation and (to a lesser extent) in maritime transport.

However, it should be realized that space traffic management, especially under the definition quoted, comprises a considerably larger range of activities …

The Us Space Launch Competitiveness Act Of 2015, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

On November 25, 2015, President Obama signed into law the US Commercial Space Launch Competitiveness Act (H.R. 2262). This Act encompasses four titles: I. Spurring Private Aerospace Competitiveness and Entrepreneurship (acronym: SPACE), II. Commercial Remote Sensing, III. Office of Space Commerce, and IV. Space Resource Exploration and Utilization.

Title I amends the Commercial Space Launch Act, which comprises the licensing regime for launches, reentries, and launch port activities, including those carrying spaceflight participants on board.

Title II amends the Land Remote Sensing Policy Act, which allowed for the licensing of private commercial satellite remote-sensing operations, and essentially requires the Secretary …

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.

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 “Space Side” To “Harmful Interference”—Evaluating Regulatory Instruments In Addressing Interference Issues In The Context Of Satellite Communications, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Interference issues in the context of satellite communications can, in principle, be tackled with legal means from a variety of angles, due to the multifaceted character of both interference and satellite communications as a sector. From that perspective, the present contribution addresses the most important regulatory instruments available to address the particular aspects of satellite communications related to their usage of outer space, and represents a first summary effort to evaluate their particular scope, approach, and general effectiveness.

Effective Exercise Of ‘In-Space Jurisdiction’: The Us Approach And The Problems It Is Facing, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

As mankind moves closer to the fiftieth anniversary of the conclusion of the Outer Space Treaty, the framework international treaty laying down the baseline regime for space activities, it may be considered a major achievement that the treaty, as well as some of its offspring—notably the Rescue Agreement, Liability Convention, and Registration Convention—seem to be as relevant as ever. This is a major feat in an international era of many fundamental changes in the geopolitical, economic, and social context.

Nevertheless, the increasing involvement of private entities in many fields of space activity beyond the (by now) more “traditional” ones of …

Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee

Georgia Journal of International & Comparative Law

No abstract provided.

Blue Helmets In The Next Frontier: The Future Is Now, Sean R. Mikula

Georgia Journal of International & Comparative Law

No abstract provided.

Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey

Georgia Journal of International & Comparative Law

No abstract provided.

U.S.-Eu Second Stage Air Transport Agreement: Toward An Open Aviation Area, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.

Crossing A Rubycon? The International Legal Framework For Isos—Before And After Privatization, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The present chapter analyzes the activities of international satellite organizations (ISOs), former ISOs, and private satellite operators from the perspective of the four principal international space law treaties, consisting of the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention, and the Registration Convention. In addition, it considers a United Nations Resolution dealing specifically with Direct Broadcasting by Satellite, as it is one of the major categories of activities that international satellite organizations such as INTELSAT and EUTELSAT have traditionally undertaken, as well as the International Telecommunication Union (ITU), which oversees the international regime developed to deal with …

Outer Space Law Principles And Privacy, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

When the space law era was ushered in during the late 1950s, it was already clear to some observers that, sooner or later, life on Earth would be monitored from a distance without those living on it necessarily knowing about it—Big Brother in optima forma.

At the same time, with space activities primarily being undertaken by the two superpowers and their acolytes for military/strategic/political purposes (and secondarily for scientific ones), such concerns largely focused on spying in the context of the Cold War. Satellites clearly were excellent tools for finding the whereabouts of the opponent’s tanks, troops, aircraft, warships, …

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

American University International Law Review

No abstract provided.

The Political Economy Of Hong Kong's Open Skies Legal Regime: An Empirical And Theoretical Exploration, Miron Mushkat, Roda Mushkat

San Diego International Law Journal

Hong Kong has generally followed a libertarian path on the external economic front, maintaining a widely open trade and investment platform. Its policy regarding the now well-established "open skies" system qualifies as something of an aberration, albeit obviously not to the same extent as its far more inward-looking immigration strategies. This pattern can effectively be placed in the appropriate theoretical context and the territory’s experience in that respect may offer relevant analytical insights into the evolution of international legal regimes, particularly those with a distinct regulatory focus and essentially bilateral in nature.

China's Two-Dimensional Skies: The "Chineseness" Of Aviation Law In China And How It Helps Us Understand Chinese Law, Alex Burkett

Florida State University Journal of Transnational Law & Policy

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

The Large Civil Aircraft Industry: Applying Legal Policy-Making Tools To Accommodate A Changing Industry, Dennis G. Terez

Michigan Journal of International Law

This note first examines the emergence of Airbus Industrie (Al or Airbus) and identifies some of the legal and policy instruments which the European governments have employed to make Al a successful competitor. After a brief discussion of the growing difficulties with subsidy policies, the note considers European Community legislation for a common European industrial policy and the creation of a European Export Bank as possible alternative solutions for maintaining Al's competitiveness. The note finally argues that international industrial agreements are necessary legal tools for effective regulation of the manufacture and sale of large civil aircraft. International agreements currently in …

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Israel and Palestine--Assault on the Law of Nations by Julius Stone.

Baltimore: The John Hopkins University Press. 1981. Pp.223. $17.50.

Reviewed by Barry Hart Dubner

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Treatise on Air--Aeronautical Law. Nicolas Mateesco Matte.

Toronto: The Carswell Co. Ltd., Pp. 832.

Reviewed by John M. Lindsey

Book Reviews, Robert G. Dixon Jr., Russell J. Weintraub, Henry G. Manne, Micheal H. Cardozo, Clarence J. Morrow, W. Paul Gormley, Carl E. B. Mckenry Jr.

Journal of Legal Education

No abstract provided.

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.