Air and Space Law Commons^™

The International Trafficking In Arms Regulations: Precluding Innovation In Academic Spacecraft Engineering — Or Are They?, Jeremy Straub, Joe Vacek

Jeremy Straub

Government regulations and uncertainty about their enforcement can be a significant barrier to innovation. In business, it is undesirable to consume time and other resources developing a product that cannot be sold or which requires navigating significant bureaucracy for each sale. In academ-ia, where limited funding is available prior to the submission of a grant pro-posal and receipt of an award, proposal-stage compliance costs can derail a project long before it begins. This paper reviews the International Traffick-ing in Arms Regulations (ITAR) and their impact on spacecraft research in academia, private research labs and industry. It reviews the exemptions available, …

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.

Delayed Flights And Delayed Action: The U.S. Department Of Transportation’S Tarmac Delay Regulations And Their Impact On Air Travel, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

No abstract provided.

Erau Spring 2013 Newsletter, Paul Eschenfelder

Paul F. Eschenfelder

No abstract provided.

Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013), Jennifer O'Brien

UIC John Marshall Journal of Information Technology & Privacy Law

The Federal Aviation Administration Modernization and Reform Act of 2012 aims to integrate drones into the United States national airspace by 2015. While the thought of prevalent private and public daily drone use might seem implausible now, the combination of this new legislation and the increasing availability of inexpensive, technologically advanced small drones will make it a reality. From detectaphones to pen registers and most recently, the GPS, the Supreme Court has faced a plethora of unreasonable search challenges to the warrantless use of such sense augmentation devices by law enforcement to collect information. Acting as the privacy safeguard of …

How The Rescue And Return Agreement Can Protect (And Harm) The Interest Of A Creditor Under The Cape Town Convention, Mark J. Sundahl

Law Faculty Contributions to Books

This volume contains the proceedings of the 55th Colloquium on the Law of Outer Space held in Naples, Italy in October 2012, including the 27th IAA-IISL Scientific-Legal Roundtable, as well as the papers presented at the IISL-ECSL Space Law Symposium held on the occasion of the 51st session of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space in Vienna, Austria in March 2012, and of the 7th Eilene M. Galloway Symposium on Critical Issues In Space Law, held in Washington D.C., United States in December 2012. It also contains the report and best written …

Cutting The Bread, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Why the draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Received Force against Outer Space Objects (PPWT) will not work—whereas the Code of Conduct for Outer Space Activities may.

Maintaining The Master International Frequency Register, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The present paper is the written elaboration of a presentation held under the same title at the workshop “International Regulations of Space Communications” held in Luxembourg on 24 and 25 May 2012. Consequently, the topic of this paper, the maintenance of the Master International Frequency Register as a key tool for allowing satellite communications to be a viable international sector of space activities, is viewed through the looking glass of the session title, “WRC-12 from the Perspective of International Telecommunications Law.”

In other words, it does not purport to deal with the actual details of maintaining the Register …

The Integrated Approach—Regulating Private Human Spaceflight As Space Activity, Aircraft Operation, And High-Risk Adventure Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

One of the overriding issues concerning private human spaceflight concerns how to properly regulate this specific new type of activity. Noting that in the discussion regarding regulation thereof usually the three distinct regimes of space law, air law and high-risk adventure tourism law are drawn upon to look for solutions, the present paper addresses the key elements of each of these approaches as they are to some extent already currently being applied and where, as a consequence, gaps and overlaps arise, as well as presents an effort to address the latter in a sensible, coherent, efficient and feasible manner.

Mixing U.S. And Dutch Approaches: Towards Curaçao’S Legislation On Private Commercial Spaceflight, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

One of the more advanced projects to offer private commercial spaceflights concerns Curaçao, the Dutch island in the Caribbean, from where Space Expedition Corporation (SXC) aims to start launching such flights as of 2014 with vehicles to be developed by XCOR. Not only is the island still part of the Kingdom of the Netherlands, albeit as of recently as an autonomous “Land,” SXC is a company with its origins in the Netherlands, too. On the other hand, XCOR, which is going to wet lease its vehicles to SXC, is a US company, and its operations consequently will—to the extent applicable—(also) …

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, …

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 …

Law And Policy In The Global Space Industry's Lift-Off, Claudia Pastorius

Barry Law Review

This article provides an overview of current developments in the commercial space industry and touches upon unsettled legal issues in space law and space property rights in particular. The article provides an analysis of the security risks, environmental hazards, and economic opportunities associated with the development of the commercial space industry. Part II gives an overview of past and present commercial and nation-state space development activities. Part III addresses the reasons underlying the ambiguity regarding space property rights in the major source of space law, the Outer Space Treaty of 1967, and proposes that the international community reconsider the benefits …

Space Entrepreneurs: Business Strategy, Risk, Law, And Policy In The Final Frontier, 46 J. Marshall L. Rev. 1039 (2013), Michael Laisné

UIC Law Review

Human civilization is on the brink of exploring another frontier. As usual, the super power governments of the world have played a major role in the initial stages. Now, as was the case when brave settlers came to colonize the West, and railroads and financial empires were built, society must rely on the private sector to take civilization to the final frontier. This article will give an overview of the current laws and policies relevant to space entrepreneurship (Part II). The Article explores the road to becoming a space entrepreneur including, a description of startup risks (Part III), an overview …

Watching The Watchmen: Drone Privacy And The Need For Oversight, Ben Jenkins

Kentucky Law Journal

No abstract provided.

The Long-Term International Law Implications Of Targeted Killings Practices, Christof Heyns, Sarah Knuckey

Faculty Scholarship

One of the most crucial and enduring questions about “targeted killings” is: How will the currently expanding practices of singling out individuals in advance and eliminating them in other countries without accountability impact the established international legal system?

International law, since at least World War II, has developed various mechanisms to limit killing in general, including targeted killings. These take the form of vigorous protections for the right to life under human rights law; safeguards against the interstate use of force while permitting states to protect themselves where necessary; and aiming to strike a balance between the principles of humanity …

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Publications

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as …

The Law Of Aviation, By Rowland W. Fixel, Robert C. Brown

Dr Robert Brown

No abstract provided.

Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke

Michigan Journal of International Law

In 2003, Paul Hunt, the U.N. Commission on Human Rights' Special Rapporteur on the Right to Health, presented a report on the global availability of health care. Special Rapporteur Hunt argued that states are obligated to implement a right to health. Included in this right is the obligation "to ensure that no international agreement or policy adversely impacts upon the right to health, and that .. . international organizations take due account of the right to health, as well as the obligation of international assistance and cooperation, in all policy-making matters." One area Hunt left unexplored in his report was …

Sovereign Right Claim On Geo Stationary Orbit (Gso), Adhy Riadhy Arafah

Indonesia Law Review

The potency and unique characteristics of GSO for placing communication satellites located only above equatorial states makes the GSO as part of natural resources. The equatorial states realized that the use of GSO has many advantages and has implications to their national interest. However, basic principle in space law, Outer Space Treaty 1967 (Art.II), states that equatorial states forbidden to claim ownership of any part of outer space, particularly claim in sovereignty. The principle “first come first served” in placing of satellite on GSO, practically only gives the advantage to developed countries which have high satellite technology. Hence, the level …