Air and Space Law Commons^™

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Reframe: A New Interpretive Framework For Non-Governmental Entity Responsibility In Outer Space, Steven E. Bartz

Journal of Air Law and Commerce

The mainstream interpretation of State responsibility for Non-Governmental Entities (NGEs) with respect to their commercial operations in outer space may hinder the further development of the commercial space industry. Specifically, that interpretation produces broad responsibility for nation-states (States) under international law and derivative consequences for States and NGEs, but the international space community might avoid the otherwise harsh practical consequences that are likely to hamper the continued growth of commercial activities by NGEs in outer space by reexamining and reinterpreting a few aspects of existing law. This article (1) examines mainstream interpretations of State responsibility for NGEs with respect to …

Space Agriculture, Biotechnology, And Terraforming: Rethinking The Paradigm Of Harmful Contamination, Francesca Giannoni-Crystal

Journal of Air Law and Commerce

As humanity transitions from sporadic exploratory space missions to permanent settlements on celestial bodies (like the Moon or Mars), agriculture biotechnology, and, potentially, terraforming projects will be essential for establishing self-sustaining settlements.

These activities raise critical issues concerning the interpretation of the principle of harmful contamination under Article IX of the Outer Space Treaty (OST) and its implementation through the Committee on Space Research’s Policy on Planetary Protection (COSPAR Policy) referred together in this article as the “Planetary Protection Framework,” which is primarily oriented toward exploration with scientific integrity rather than permanent habitation.

The challenge lies in the fact that …

The Heavy Odds For A Weaponized And Lawless Outer Space, Rob Frieden

Journal of Air Law and Commerce

Just as space commerce appears to have reached a critical mass, competing national government interests can thwart progress with strategies and tactics that increase market risk, volatility, and uncertainty. Despite universal support for a treaty-level commitment to pursue only peaceful activities, for the benefit of everyone, unilateral actions by the governments of China, Russia, and the United States have the potential to disrupt markets and render space a new theater of warfare. These nations appear disinclined to embrace the unenforceable goals contained in five international treaties governing activities in outer space.

So-called Great Power Competition has generated high stakes rivalry …

Prepare For Landing: The Dot’S Authority To Regulate Unfair And Deceptive Practices Amidst The Supreme Court’S Elimination Of Chevron Deference, Ali Garman

Journal of Air Law and Commerce

On June 28, 2024, the Supreme Court overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. with their decision in Loper Bright v. Raimondo—holding that judges are not obligated to defer to agency interpretations of the statutes they administer. One month after this decision, the Fifth Circuit Court of Appeals held that the Department of Transportation does not have authority to issue a rule regulating how airlines communicate certain fees to customers during the booking process. This decision contradicts the Seventh Circuit Court of Appeals’ earlier decision to uphold similar DOT regulations attempting to prohibit unfair and deceptive …

Guilty Until Proven Innocent - Litigating Shy Bladder Cases Before The National Transportation Safety Board, Alan Armstrong

Journal of Air Law and Commerce

For airmen, the drug testing regulations and procedures in the United States are dispiriting, oppressive, and unjust. Evidencing contempt for basic physiology, an airman unable to produce forty-five milliliters of urine within three hours is deemed to have “refused” a Department of Transportation (DOT) drug test. While the regulations require the airman to be briefed on the shy bladder protocol, this requirement is not enforced by the National Transportation Safety Board (NTSB).

The FAA, after losing a case where the airman left the drug testing facility without being warned that such conduct would be deemed a refusal, simply abolished the …

Green Dividends: A Case Study In Green Dividends And The Conditions For Private Ordering Solutions, Anne M. Tucker

Seattle University Law Review

This Essay introduces a novel private ordering solution to facilitate corporate investments in pro-social and environmental initiatives: Green dividends. Green dividends are an optional increase in shareholder dividends that are returned to the company to be reinvested in environmental initiatives or kept by a shareholder.

Green dividends pose an alternative to the current gridlocked debate that corporations can’t, won’t, shouldn’t, and shouldn’t even try to act in pro-social or environmental ways. Turning the common refrains on their head converts each narrative into an element for a successful private ordering solution: authority, accountability, shareholder buy-in, and government- backed enforcement. With Green …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism, Cynthia A. Williams

Seattle University Law Review

Significant regulatory resources have been spent developing global, voluntary climate and sustainability disclosure standards, such as the TCFD, TNRD, and ISSB’s Sustainability and Climate Disclosure standards, or domestically required disclosures, such as in the EU and in the U.S. Thus, it is important to evaluate whether this disclosure, particularly voluntary, qualitative disclosure, will have the power to shift the allocation of capital, will have a significant effect on the management of climate risk within firms, and ultimately will reduce climate change risk and biodiversity loss.

In this Article, several interrelated questions will be discussed. First, what does the empirical evidence …

Roaring Skies: The Law Of Supersonic Commercial Flight And Arguments For Its Return, Caleb S. Dorris

Journal of Air Law and Commerce

The prospect of supersonic commercial flight is no longer confined to history; it is reemerging as a viable transportation model in the 21st century. With major airlines placing orders for next-generation supersonic aircraft and regulatory agencies, including the Federal Aviation Administration (FAA) and the International Civil Aviation Organization (ICAO), reconsidering longstanding restrictions, the return of supersonic flight is imminent. This article examines the legal, regulatory, and policy considerations that have shaped supersonic aviation’s trajectory and explores the challenges that remain for its full reintroduction into global airspace.

First, this article surveys the historical rise and fall of supersonic passenger aviation, …

Airplane!: Does The Federal Aviation Act Preempt State Law Design Defect Claims?, Max Birmingham

Journal of Air Law and Commerce

Which level of government—state or federal—has jurisdiction to set safety standards for aviation defect design is a nuanced issue. Generally speaking, federal law preempts state law in this context by occupying the field through a regulatory scheme that permeates aviation safety. The Federal Aviation Act of 1958 (FAAct) confers its namesake agency—the Federal Aviation Administration (FAA)—the powers to prescribe the “minimum standards required in the interest of safety.” The word “minimum” has been seized upon by those on the state side of the debate to advocate that it means the floor. And they contend that those in the Union have …

Air Strikes In Myanmar - An Analysis Under International Law, Jacob Davis

Journal of Air Law and Commerce

Since the Russian invasion of Ukraine in 2022, and the reignited Israel-Palestine conflict in 2023, international law regulating the use of air power has been put to the test. The use of air strikes in civilian areas has put this shortcoming at the forefront of conversation about the use of force, and what constitutes a war crime in modern conflict.

This conversation has centered around the two aforementioned conflicts but has left other international disputes out of the discussion. In particular the civil war in Myanmar, a bloody conflict which follows decades of ethnic violence, political stratification, and a successful …

Let’S Jettison Some Executive Perks: Exploring The Sec And Irs Approaches To Personal Use Of Corporate Aircraft, Christine Lane

Journal of Air Law and Commerce

In 2023, 46% of the S&P 500 companies provided personal use of corporate aircraft to their chief executive officers, and 31% provided this perk to other named executive officers. This type of executive compensation has notoriously garnered much attention from the media, given the large amount of investor money spent on personal travel and the environmental impacts of flying private. In addition, the line between personal travel and business travel is often blurred, and the media has tracked flight paths of corporate aircraft to speculate that some flights may be incorrectly categorized as business trips when the jets land and …

Public International Air Lawfare: China’S Use And Abuse Of The Skies., Major Emily K. Johnson

American University National Security Law Brief

Following World War II, China entered a years-long period of civil war between the Kuomintang government, which was then in power as the government of the Republic of China, and the Chinese Communist Party. After years of conflict, the Kuomintang was forced to retreat to the island of Taiwan in 1949, effectively and reluctantly ceding the Chinese mainland to the Chinese Communist Party. Despite its best efforts, the Kuomintang never regained control of mainland China in the ensuing years; however, it never dissolved and instead remained in place on Taiwan.

As a result, Taiwan, which lies a mere 80-100 miles …

Lunar Refueling: Legal Issues And Suggested Solutions, Francesca Giannoni-Crystal

Journal of Law and Mobility

The establishment of settlements and economic activities on the Moon is expected to occur in the near future, positioning the Moon as a critical hub for continued exploration of the Solar System. Central to this development is the creation of a lunar refueling industry, which will play a pivotal role in supporting lunar activities and fostering further exploration.

Lunar refueling, which includes extracting local resources like lunar ice water to obtain hydrogen, offers key benefits, such as reducing the need for resupply missions from Earth, lowering launch costs, extending mission capabilities, and enabling launches from the Moon, which are more …

Man On Mars: How Can International Space Law Limit The Environmental Consequences Of The Coming Rush For Resources In Space, Elizabeth Anne Henderson

Michigan Journal of International Law

The body of international law governing space has stood at a standstill for decades. The five central treaties regulating this area of law are not only vague, but they have also become a hindrance to the global community’s ability to address the rapidly intensifying second space race. The treaties do not adequately state who space belongs to, who is entitled to take advantage of the natural resources of celestial bodies, or what protections are afforded to celestial environments in the face of impending mining and resource extraction projects. This impasse within international law has not stopped entrepreneurs and corporations from …

Penggunaan Unconventional Weapons Dalam Konflik Bersenjata Modern, Fadhillah Wahid Pramudya Aldiansyach

Jurnal Hukum & Pembangunan

The use of unconventional weapons such as cluster munitions, white phosphorus, nuclear weapons, artificial intelligence-based autonomous systems (AI/LAWS), and military neurotechnology is increasingly dominating modern armed conflicts. The characteristics of these weapons, particularly their widespread effects, uncertainty of control, and potential for automatic escalation, can pose serious challenges to the application of the principles of distinction and proportionality in International Humanitarian Law (IHL), especially when used in densely populated areas. The modernization of nuclear systems, the accelerated integration of AI into military command, and the emergence of neurotechnology indicate a regulatory gap that could potentially undermine humanitarian protection. This study …

Ius Constituendum Pengaturan Ambang Batas Parlemen Berdasarkan Putusan Mahkamah Konstitusi Nomor 116/Puu-Xxi/2023, Arsyianti Mega Nanda, Erland Ferdinansyah

Jurnal Hukum & Pembangunan

Pemilu merupakan wujud pelaksanaan kedaulatan rakyat di Indonesia yang menganut sistem presidensial dan multipartai. Namun, banyaknya partai memicu instabilitas koalisi dan melemahkan dukungan terhadap presiden. Untuk mengatasi hal ini diterapkan ambang batas parlemen (Parliamentary Threshold). Putusan MK No. 116/PUU-XXI/2023 menyatakan ambang batas 4% konstitusional untuk Pemilu 2024, namun inkonstitusional untuk Pemilu selanjutnya. Putusan ini menegaskan perlunya ambang batas baru yang tidak hanya menyederhanakan sistem kepartaian, tetapi juga menjamin keadilan suara dan proporsionalitas sesuai prinsip kedaulatan rakyat. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan kualitatif-deskriptif. Pengumpulan data dilakukan melalui studi kepustakaan. Kerangka teori yang digunakan dalam penelitian ini meliputi teori …

Analisis Demokrasi Pada Pengisian Jabatan Gubernur Dan Wakil Gubernur Di Daerah Istimewa Yogyakarta, Akbar Ardya Putra, Rosita Candrakirana, Andina Elok Puri Maharani

Jurnal Hukum & Pembangunan

The aim of this research is to analyze the implementation of democracy in the process of filling the governor and deputy governor positions in the Yogyakarta Special Region. This is regulated in the Special Areas Act No. 13/2012. The Act stipulates that the candidates for governor can only be the descendants of the Yogyakarta Sultanate and the candidates for deputy governor can be the descendants of the Duchy of Pakualaman. Following these provisions, there are differences between the special region of Yogyakarta and other regions using general elections to fill regional heads. The results of the study show that the …

Menguak Status Dan Legalitas Rupiah Digital Sebagai Legal Tender (Perspektif Teori Keadilan Bermartabat), Sylvia Setjoatmadja, Jeferson Kameo

Jurnal Hukum & Pembangunan

Digital technology and modern telecommunications have been and will continue to be key factors in the emergence of various innovative products. One such innovative product is digital currency, specifically Central Bank Digital Currency (CBDC). In Indonesia, advancements in digital technology and telecommunications have encouraged the government to issue a CBDC, which will be named Digital Rupiah. The initiative to issue Digital Rupiah also responds to global trends and the public's need for secure, efficient, and sustainable payment instruments.

However, the plan to issue Digital Rupiah is not without challenges, particularly regarding the clarity of its legal status as a lawful …