Air and Space Law Commons^™

The Next Small Step, Samiya Henry

Undergraduate Research and Scholarship Symposium

As of right now, NASA and other space programs are estimating that by 2026, there will be people living in Space. Whether it be the Moon or Mars, one cannot have a functional society without a proper source of laws, especially since no one country has ownership over space. "One Small Step" will produce this source of laws, called the “Space Bill of Rights,” that will outline important matters like the trade of resources, medical care, government officials, and will ensure the preservation of our physical and figurative footsteps in space. This Space Bill of Rights is made up of ...

Drones, Airspace Design, And Aerial Law In States And Cities, Brent Skorup

Akron Law Review

Federal and state governments have embraced drone technology in recent years to stimulate a domestic industry for new jobs and long-distance delivery services. However, the federal-state breakdown about who manages drone airspace and surface air rights has not been resolved, which, as the Government Accountability Office recently reported to Congress, threatens the progress of the U.S. drone industry. What is clear is that landowners, whether public or private, own low-altitude airspace and air rights. This article traces the legal treatment of surface airspace as real property back to Anglo-American legal treatises and court decisions in the mid-19th century. Therefore ...

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Helm's School of Government Conference

No abstract provided.

In A Legal Field Of Uncertainty, Much Change Is Needed Before Commercial Space Flights Become More Common, And Contracts Of Carriage Might Be The Answer, Gavin Coveney

SLU Law Journal Online

In this article, Gavin Coveney seeks to give to a short description of current space laws and the lack of regulation. Gavin Coveney also gives a short breakdown of solutions and how current airline Contracts of Carriage provide inspiration for future space Contracts of Carriage.

Aerospace And Defense Industries, Randy Cook, Francesca Harker, Waqas Shahid, Nicholas J. Spiliotes, Aki Bayz, Felix Helmstaedter, Tak-Kyun Hong, Philippe Shin, R. Locke Bell

The Year in Review

No abstract provided.

Targeting A Satellite: Contrasting Considerations Between The Jus Ad Bellum And The Jus In Bello, Hitoshi Nasu

International Law Studies

With the development and greater availability of counter-space capabilities, satellites are becoming a prime target of military threats. However, the legal assessment for the targeting of a satellite requires careful analysis because of its impacts on terrestrial activities and the potential to affect the rights and interests of third parties when their payloads are carried by the targeted satellite. With these two unique characteristics in mind, this article unravels the complexity of international legal regimes applicable to military operations conducted against a satellite by contrasting threshold legal considerations necessary for the identification and application of relevant legal requirements under the ...

The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson

Georgia Journal of International & Comparative Law

No abstract provided.

Use Of Unmanned Aircraft Systems And Regulatory Landscape: Unravelling The Future Challenges In The High Sky, K Kirthan Shenoy, Divya Tyagi

International Journal of Aviation, Aeronautics, and Aerospace

The individuals on the ground nowadays often observe objects distantly hover over the sky, which raises the question of who might be operating the object or what the object might record. Unmanned Aircraft Systems (UAS) or Drones today have quickly penetrated civilian, military, and commercial sectors. The drones or UAS, with the advancement of technology, are now capable of traversing long distances, having long endurance, and having multipurpose functionality. The UAS industry is fast expanding, with trade investment touching the billion-dollar mark in flourishing economies. The advent of the Covid 19 pandemic saw a steep rise in the use of ...

The Law Of Space Cyber Operations: Gripping Mysteries, Entangled Frontiers, And Security Challenges, Roy Balleste

Journal of Law, Technology, & the Internet

The developments of technologies applicable to cyberspace and outer space offer new opportunities. Each nation, institution, and individual must be involved in the security of cyberspace in order to secure outer space activities, while reinforcing the legitimacy of that commercial process. The stories that follow consider the intersection of outer space law and cybersecurity, describing vulnerabilities and the limitations of implementing international norms. The article assesses the cyberthreat landscape while offering recommendations. The article's subsequent sections are organized as follows: Part II, The Cruel Sky, considers a historical mystery to better understand the contradictory world of cyber operations. Along ...

Establishing Commercial Aviation Safety Privilege: Court Precedent Versus Statute, Jason Powell

International Journal of Aviation, Aeronautics, and Aerospace

This concept paper evaluates the pros and cons of establishing commercial aviation safety privilege beyond the almost uniquely United States Department of Defense (DoD) legal protection built upon court precedence (stare decisis) as a statutory concept that can apply across all aviation investigations. The protection offered under Title 49 CFR 1114 only applies to the information provided that is not part of the safety investigation and allows full release of interviews that pertain to the investigation, which is further applied in the National Transportation Safety Board Aviation Investigation Manual (2002). The Supreme Court of the United States recognized different privileged ...

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Wise Up! Why It’S Time To Dump Reed V. Wiser And Get Real About Third-Party Actions, David Cluxton

Journal of Air Law and Commerce

The Warsaw Convention of 1929 and the Montreal Convention of 1999 (Conventions) are international treaties governing the liability of the air carrier for damage arising during international carriage by air, e.g., passenger death or bodily injury. The foundation for the applicability of these Conventions is the contract of carriage. However, given the nature of the air transport operations and their technological complexity, a given accident can result from several causes attributable to different parties. The plaintiff (e.g., the passenger) may have the option of suing, not only the carrier based on the contract of carriage, but, alternatively, an ...

Airport Noise As Public Bads: Comparative Remarks On Legal Challenges In Resolving The Neighbor Conflict Between The Airport And Landowners, Magdalena Habdas

Journal of Air Law and Commerce

Incompatible uses of land create neighbor conflicts connected with the notions of civil law immissions (non-trespassory invasions) or common law nuisance. These traditional instruments of resolving the neighbor conflict have their limitations when pollution (such as noise pollution produced by aviation) interferes with the use and enjoyment of land that affects numerous landowners. Lawmakers seek to resolve the neighbor conflict with public intervention in such circumstances. Instead of relying on the market, the state allocates entitlements, indicates how parties must behave, and prescribes the conditions under which lawmakers should conclude an agreement.

Interestingly, although the nuisance caused by airport noise ...

Understanding An Outlier: The U.S. System Of Airport Governance And Economic Regulation, Robert A. Hazel

Journal of Air Law and Commerce

Unlike airports in many other countries which have been corporatized or privatized, nearly all U.S. airports continue to be operated by the public sector. They are subject to a system of economic regulation that provides little incentive to control costs or allocate capital efficiently. Yet, despite its apparent shortcomings, the current system has persisted over several decades. This Article explains the persistence of the current U.S. system of airport economic regulation based on price theory, regulatory economics, and public choice principles. It offers supporting empirical evidence for this equilibrium and identifies factors that might lead to a different ...

Public Safety Concerns And Meeting The Dudenhoeffer Pleading Standard, Douglass G. Brown

Journal of Air Law and Commerce

This Comment analyzes the recent Employee Retirement Income Security Act (ERISA) stock drop cases against The Boeing Company (Boeing) and reviews the underlying pleading standard in these cases that the Supreme Court set forth in Fifth Third Bancorp v. Dudenhoeffer. With the tremendous amount of assets in retirement plans—and specifically in employee stock ownership plans—litigation under ERISA can be extremely costly to employers, especially those in the airline industry that offer these plans. The current pleading standard for stock drop cases has become a practically insurmountable barrier to plaintiffs, even when their employers know they are negligently creating ...

Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman

Pace International Law Review

No abstract provided.

Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman

University of Miami Inter-American Law Review

To thwart a seemingly neve rending bombardment of cyberattacks, the U.S. Department of Defense recently implemented a new strategy – defending forward. This approach demands persistently engaging the enemy on a daily basis to disrupt cyber activity. Rather than waiting to be attacked, the United States is bringing the fight to the enemy. However, this strategy poses fascinating and complex questions of international law. In particular, because most defend forward operations fall within the gray zone of warfare, it remains unclear whether these operations violate the sovereignty of American adversaries or even third party nation states in whose cyberspace U ...

On Solid Ground: How Sterling Strengthened Airspace Ownership Rights In Florida, Nicolas Torres

University of Miami Business Law Review

No other form of property ownership is as synonymous with Florida as the condominium. While ownership of airspace was possible under common law, modern condominiums are more accurately described as creatures of statute. Although the Florida Condominium Act (FCA) expressly provides for fee simple airspace ownership of condominium property, it had been unclear if the Act could provide for fee simple airspace ownership of non–condominium property. Sterling Breeze v. New Sterling Resorts cleared up that ambiguity and found that the FCA can provide for fee simple ownership of non–condominium airspace. First, this note will review the development of ...

Legal Protection For The Safety Of The Traveler In Commercial Space Flights: "A Study In Uae Law Comparing International Treaties And American Law", Alaa Yakoob Yousif

Journal Sharia and Law

Commercial Space flights are no longer a fantasy. They are a promising reality, as they can be a means of transportation that will shorten time in the foreseeable future. While in their early steps, those flights undoubtedly need legal rules that support their existence and ensure their continuity. One of the most important rules are those regulating the legal protection of space flight parties, service providers and flight participants. This research deals with those rules, examining the concepts and exploring the regulations that could achieve such protection in the context of international treaties and national laws. Since the Emirati legislator ...

Reviving Antitrust Enforcement In The Airline Industry, Jonathan Edelman

Michigan Law Review

The Department of Transportation (DOT) has broad but oft overlooked power to address antitrust issues among airlines through section 411 of the Federal Aviation Act. However, the DOT’s unwillingness to enforce antitrust more aggressively may be translating into higher fares and fees for airline travelers.

More aggressive antitrust enforcement is urgently needed. Recent research has revealed a widespread practice of common ownership in the airline industry, whereby investment firms own large portions of rival airline companies. Although this practice leads to higher prices and reduced competition, antitrust regulators, from the DOT to the Department of Justice and the Federal ...