Air and Space Law Commons^™

The New Space Policy Regime And Its Financial Foundation, Tamara Campbell

CULTURE & CRISIS: Reconciling Constitutionalism & Federalism in a Time of Crisis

Post the global financial crisis of 2008, the National Aeronautical and Space Administration (NASA) sought to expand the space economy through a public policy of commercialization. This has brought major changes to the composition of space mission funding strategies, now repositioned as public private partnerships (P3s). Formed to fund space missions with private finance in lieu of public funding, P3s are investment and risk-sharing vehicles evaluated by financial intermediary institutions, insurers, and at times, the courts in the case where there is foreign direct investment (FDI) agreement. For this reason, it is arguable P3s have exceptional influence on the scope ...

Lost In Space: An Exploration Of The Current Gaps In Space Law, Katherine Latimer Martinez

Seattle Journal of Technology, Environmental & Innovation Law

Since the 1960’s the international community has made huge advancements in technology and space exploration. However, since that time, the legal and regulatory system governing such advances and exploration has not matched the course. The body of law governing outer space exploration and resources has failed to keep up with advances in the industry. Individual countries, originally thought to not have spacefaring capabilities, are now major contributors to the future of space exploration, each with its own regulatory system. Furthermore, over time there has been an increase in the presence and influence of private companies over the research and ...

Aerospace And Defense Industries, R. Locke Bell, Johny Chaklader, Donna A. Dulo, Priya Iyengar, Kevin J. Lombardo, Jason M. Silverman

The Year in Review

No abstract provided.

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...

Full Spectrum Space Deterrence: From Laws To Technology, Joshua Carlson

Honors Theses, University of Nebraska-Lincoln

Conflict in space is becoming an ever-real possibility, with the potential of rendering the space completely useless for future generations. Current talks are centered around limiting or preventing any weapons deployed to space, but this is not the most effective way of dealing with the issue. The focus should shift to agreeing on how nations should act responsibly in space together instead of preventing nations from acting at all. The best way of accomplishing this goal is by improving satellite design, creating agreed upon and understood rules of engagement, fostering widespread cooperation between nations, and choosing not to be the ...

A Kinder, Gentler Moon Treaty: A Critical Review Of The Current Moon Treaty And A Proposed Alternative, David Everett Marko

Journal of Natural Resources & Environmental Law

No abstract provided.

Persistent Optimism: The Inherency Of Security Within International Space Law, Timothy M. Bass

Florida Journal of International Law

When thinking about security in the realm of outer space, it is tempting to focus on areas like militarization, defense from attacks, hacking systems, and espionage; however, in doing so, we overlook the fundamental principles that attempt to ensure security in space law from its inception. By taking a moment to reflect on the guiding principles and goals of space exploration as laid out in treaty and domestic law from a broader perspective, it becomes clear that space is overwhelmingly hopeful in continuing the reign of peace.

Climate Change Management In The Space Age, Paul B. Larsen

William & Mary Environmental Law and Policy Review

This Article is about how we can use space technology and regulation to help overcome adverse effects of climate change on Earth. It describes the growing use and importance of outer space technology for monitoring, understanding, and resolving the problems of climate change. It describes precedents for the current climate crisis, discusses relevant international space laws, and explains how they fit into the existing international laws on climate change. It emphasizes the oversight role of the United Nations (“U.N.”). It describes the heavy duties placed by current climate laws on the developed countries compared with the developing countries. It ...

United Arab Emirates International Obligations In The Exploration Of Outer Space According To The United Nations Treaties, Ahmed Alzaabi

Journal Sharia and Law

The eyes of the world are looking to outer space as a source for a number of opportunities that opened up in front of it to advance civilization and contribute to the political and economic filed. Therefore, developed countries started their race to explore the outer space and try to dominate it since the sixties of the last century.

From 1963, and in order to unify efforts and encourage international cooperation in the field of exploration and use of outer space, the United Nations intervened to declare the principles and issue decisions and legislation agreements that contribute to the development ...

Returning To The Moon: Legal Challenges As Humanity Begins To Settle The Solar System – Full Transcript, Mark J. Sundahl

The Global Business Law Review

On March 6, 2020, leading space lawyers gathered in the Moot Court Room of Cleveland-Marshall College of Law at Cleveland State University to discuss and debate the legal challenges and opportunities arising from the growing number of lunar missions in the planning stages in early 2020, in particular NASA’s Artemis Program which will for the first time establish a permanent human habitation on our moon through cooperation between NASA and its international partners (both public and private). The day-long symposium on Returning to the Moon: Legal Challenges as Humanity Begins to Settle the Solar System was organized by the ...

“Due Regard” For Commercial Space Must Start With Historic Preservation, Michelle Hanlon

The Global Business Law Review

Today we rely on the concept of "due regard" to protect our assets – and heritage – in space. Ensconced in Article IX of the Outer Space Treaty "due regard" has no legal definition. Nor has its breadth or scope been rigorously tested in court or in any public diplomatic dispute. And so, we blithely promise each other to conduct all activities in space "with due regard to the corresponding interests of others." Meaning we pursue our activities with the fervent hope that no one will interfere, whether accidentally or intentionally. This is an untenable state of affairs. It is compounded by ...

Cancellation Of Flights - Complicated Issues For Passengers, Eman Naboush

Journal Sharia and Law

This paper analyses the legal basis for the carrier’s liability in the cases of cancellation of flights or denied boarding. The important question is whether cancellation cases are treated as forms of delay and therefore, the provisions of the carriage by air conventions which limit the carrier’s liability and base it on a presumed-fault is to be applied. On the other hand, there is a strong argument that cancelation and prolonged delay amount to a breach of the carriage contract by non-performance and therefore, the claim falls outside the scope of the carriage by air Conventions. The important ...

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

International Law Studies

So far, outer space has merely become involved in terrestrial armed conflicts as part of the supportive infrastructure for military activities. Unfortunately, the risk that this changes is considerably growing, and it can no longer be excluded that (armed) force will become used in outer space, either directed towards Earth or within outer space itself.

This raises serious issues in the legal context, where space law so far has been premised on the hope that armed conflicts in outer space could be avoided whereas the law of armed conflict was not required so far to deal with the use of ...

Can The Timeframe Of Reported Uas Sightings Help Regulators?, Spencer Erik Pitcher, Kelly A. Whealan-George

Beyond: Undergraduate Research Journal

Remotely controlled small aircraft, otherwise known as Unmanned Aircraft Systems (UAS) or drones have started to impact the United States National Airspace System by interfering with the safe flight of aircraft. As the UAS industry continues its expected growth into the future, lawmakers, as well as regulators at the Federal Aviation Administration (FAA) and the aviation community must be able to predict when there will be more UAS craft in the air that could cause an interruption to air traffic so that more resources can be allocated optimally to counter the threat of UAS craft. The purpose of this study ...

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program Faculty Publications

I. Introduction

II. Space Law versus the Law of Armed Conflict ... A. The Essentials of Space Law … B. Space Law and the Threat or Use of Force in Outer Space … C. The Essentials of the Law of Armed Conflict ... D. The Law of Armed Conflict and the Threat or Use of Force in Outer Space

III. Conflicts of Application: A Few Key Examples ... A. Unraveling the Prioritization Issue: The Lex Specialis and Lex Posterior Principles ... B. Unraveling the Prioritization Issue: The U.N. Charter and Treaty Interpretation ... C. Unraveling the Prioritization Issue: Pacta Sunt Servanda, Third States, and Neutrals

IV ...

Avoiding Flights Of Fancy: Determining Venue For Crimes Committed During Commercial Flights, Allyson Shumaker

Oklahoma Law Review

No abstract provided.