Air and Space Law Commons^™

The Case Law Of The Court Of Justice Of The Eu On Art. 17 Of The 1999 Montreal Convention: An Evaluation From A Comparative Perspective, Michael Chatzipanagiotis

Journal of Air Law and Commerce

This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, accounting also for the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, this paper does not explore the pertinent issues from a de lege ferenda perspective.

The paper concludes …

Treaties Establishing Icao And Imo – A Comparative Study, Ruwantissa Indranath Abeyratne

Journal of Air Law and Commerce

The comparison between air law and maritime law reveals both similarities and distinctions rooted in the unique frameworks of the International Civil Aviation Organization (ICAO) and The International Maritime Organization (IMO). While both entities were established through separate treaties, the Chicago Convention birthed ICAO, emphasizing the organization’s Assembly, Council, and auxiliary bodies. In contrast, the IMO Convention, also known as the Convention on the International Maritime Organization, forms the basis for IMO’s structure and functions as outlined in its preamble. The core objectives of IMO revolve around fostering collaboration among governments to enhance regulatory frameworks for international maritime trade. This …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Back To The Future: Outer Space Policy Review Of The Past For Clues To The Future, Paul B. Larsen

Journal of Air Law and Commerce

Sixty years later, Professor Paul B. Larsen revisits and discusses seven outer space legal issues identified by early space law experts and their current impacts on space policy. The first section addresses the ambiguous boundary of the non-sovereign outer space legal regime which, increasingly causes states to claim control of non-sovereign outer space. Second, Larsen analyzes how the lack of outer space regulation by an international agency like the International Civil Aviation Organization has encouraged states to seek to control outer space unilaterally. Third, although the original aim of space law experts was for outer space to be free for …

Addressing Space Tourism’S Environmental Effects: Marine Environment Regulations As A Basis For Regulating Orbital Space Debris, Elena Mak

Journal of Air Law and Commerce

With the success of private suborbital space flight, the space industry is now facing unprecedented growth as billionaires strive to accomplish the task of sending astrotourists into space. However, given the novelty of this objective, the current domestic and international legal regimes governing outer space and space travel are both confusing and outdated, and thus, they have not adequately accounted for space tourism activities. Given the projected growth of this industry, detrimental and dangerous environmental effects—such as an increase in orbital space debris—have become a pressing concern. These effects will not only affect the global climate on Earth but will …

Sorry For The Delay: How Faa Regulations In The U.S. Are Stifling Innovation And Hindering The Growth Of A Promising New Industry Based On Delivery Drones, Mason Sarver

Journal of Air Law and Commerce

From the creation of the transistor radio to robots powered by artificial intelligence, the rapid pace of technological advancements in a multitude of industries has ushered in an innumerable amount of economic, environmental, and social benefits that have collectively produced positive effects around the world. However, in addition to benefits, these rapid advancements in technology have created a particular problem affecting many industries in the United States—antiquated regulations that were promulgated for a particular industry become inefficient and impractical due to rapid technological advancements within that industry. The delivery drone industry, a blossoming new sector of air commerce that has …

Curiousity Killed The (Fat) Cat: Promoting Safety Over Profit In The Space Tourism Industry, Ryan Puente

Journal of Air Law and Commerce

Humans have never been more capable than they are now of dominating the extreme environments of the universe. This newfound capacity to enter the depths of the oceans and exit the familiar grasp of the atmosphere has led to an unprecedented ability to explore the corners of the universe. This ability brings excitement and opportunity but also presents many potentially fatal risks associated with the unknowns of the extreme environments being explored. The space tourism industry, like other extreme tourism industries, faces the challenge of navigating the forefront of human exploration in a sustainable way that preserves the lives and …

Proposed Methodologies To Cure The No-Fly List’S Current Violations Of The Due Process Clause For Affected U.S. Citizens, Sierra Stone

Journal of Air Law and Commerce

Often, the No-Fly List is a helpful tool that increases the safety of commercial aviation for U.S. citizens flying domestically and internationally. The TSA and various intergovernmental agencies utilize a nomination process and those who meet the requisite criteria are added to a database and can be entered into the No-Fly List. Once being placed on the “List,” an individual is no longer allowed to board a flight flying anywhere within or over U.S. airspace. However, for a small number of people, this deprivation of the ability to fly came unjustifiably and without realistic opportunities to be removed from the …

It Comes With Baggage: The Heavy Weight Implications Of Weighing Airline Passengers, Brooke Sutter

Journal of Air Law and Commerce

The aviation industry is one of the most regulated industries that exists in modern society. Before an airplane can take a passenger from one destination to another, diligent and thorough checks are performed on the aircraft, the runway, the pilots, the crewmembers, the luggage, the route, and the numerous other points of potential risk. Due in part to this diligence, air travel is also one of the safest forms of travel. However, one point of potential risk that is underregulated and overlooked in the safety calculation is the weight of the passengers. The act of weighing passengers is not just …

Book-And-Claim System For Sustainable Aviation Fuels, Christine Kranich, Sarah J. Haas

Journal of Air Law and Commerce

This Article provides an overview of the regulatory (legal) framework in which the decarbonisation of aviation is embedded, with a focus on European law. The Article further provides updates on EU-ETS, CORISA, RED III and the minimum quota of SAF supply in accordance with Refuel EU Aviation up to October 2023. Sustainable Aviation Fuels (SAF) will be described in detail in this Article, and it is further explained that the use of SAF could significantly contribute to aviation becoming “greener”. As the availability of SAF is still rather scarce, the Article revolves around a mechanism of a global book-and-claim system …

Still Far From Home – How Personal Jurisdiction Doctrine Undercuts The Montreal Convention’S “Fifth Jurisdiction” For “Wandering Americans”, Hans Huggler

Journal of Air Law and Commerce

The rapid growth of global air travel in the mid-20th century gave rise to the problem of the “wandering American”—American residents whose air travel injury claims could not be heard in United States courts under the Warsaw Convention’s Article 28. Prominent cases prompted adoption of a “fifth jurisdiction” in the Montreal Convention’s Article 33, allowing injury suits in the Contracting State where an injured passenger had her “principal and permanent residence” so long as the international carrier served the forum. U.S. officials toasted their success in providing Americans with a domestic forum, but the adoption of the fifth jurisdiction did …

Space ‘Tourism’: A Framework For Ensuring ‘Safe And Orderly Development’ Lessons Learnt From The U.S. And Aviation, Sarah J. Fox

Journal of Air Law and Commerce

In August 2023, following its successful mission, Virgin Galactic announced the intention to provide scheduled services into space. Yet, this paper sets out to present evidence to argue that, from an international (U.N.) perspective, there has been a lack of activity to establish safeguards and to ensure a fit for purpose governance and oversight mechanism is in place for this new and growing sector—space tourism. The research is undertaken by way of a comparison law/policy analysis which factors in key historic events across both aviation and space. The main focus is given to the developments and approach of …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler

Seattle University Law Review

How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

Stakeholder Governance As Governance By Stakeholders, Brett Mcdonnell

Seattle University Law Review

Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.

This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …

Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy

Seattle University Law Review

Professor Frank Partnoy: This is a marvelous gathering, and it is all due to Chuck O’Kelley and the special gentleness, openness, and creativity that he brings to this symposium. For more than a decade, he has been open to new and creative ways to discuss important issues surrounding business law and Adolf Berle’s legacy. We also are grateful to Dorothy Lund for co-organizing this gathering.

In introducing Stephen Johnson, I am reminded of a previous Berle, where Chuck allowed me some time to present the initial thoughts that led to my book, WAIT: The Art and Science of Delay. Part …

The Structure Of Corporate Law Revolutions, William Savitt

Seattle University Law Review

Since, call it 1970, corporate law has operated under a dominant conception of governance that identifies profit-maximization for stockholder benefit as the purpose of the corporation. Milton Friedman’s essay The Social Responsibility of Business is to Increase Its Profits, published in September of that year, provides a handy, if admittedly imprecise, marker for the coronation of the shareholder-primacy paradigm. In the decades that followed, corporate law scholars pursued an ever-narrowing research agenda with the purpose and effect of confirming the shareholder-primacy paradigm. Corporate jurisprudence followed a similar path, slowly at first and later accelerating, to discover in the precedents and …

A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton

Seattle University Law Review

This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents