Air and Space Law Commons^™

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

UAEU Law Journal

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 …

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

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 …

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

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 Global …

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 …

Drone Law: Legal Research Basics And Sources, Kincaid C. Brown

Law Librarian Scholarship

Drones, legally called “unmanned aircraft systems” (UAS), are primarily governed by federal law with some aspects overseen by state and local law. The system includes the aircraft itself and its associated elements for communication and operation. This article discusses the basic framework of federal and Michigan law governing UAS.

In Flight Management - Committing To Destination, Aldo Bien, Daniel Ribas, Paulo Pacheco, Rodrigo Garcia, Leila Halawi

International Journal of Aviation, Aeronautics, and Aerospace

The present Brazilian regulation is not precise whether the alternate fuel could or could not be used to proceed to the original destination without compromising the emergency fuel, once exact specific requirements are met. As a result of unclear directrices, each major airline in Brazil comprehends and applies the ICAO recommendation in its way. Such a non-standardized interpretation of the current regulation certainly compromises both the airline industry's safety and efficiency in the country. Therefore, this research proposes a more comprehensive and clear text for the Brazilian rules, encouraging airlines to adhere to what the ICAO recommendation preconizes widely.

Ruling Outer Space: Defining The Boundary And Determining Jurisdictional Authority, Alex S. Li

Oklahoma Law Review

No abstract provided.

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Will Harmful Interference Bring Gps Down?, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

Book Review: Introduction To Aviation Law By Timothy M. Ravich, Paul S. Dempsey

Journal of Air Law and Commerce

No abstract provided.

Turbulence Ahead: Why The First Domestic Aircraft Carbon Emissions Regulations Are A Danger To Climate Protection, Taylor Williams

Journal of Air Law and Commerce

Reducing emission levels from transportation is one of the most vital steps in combating climate change, but domestic aircraft were not subject to this kind of regulation until recently. In July 2020, the Environmental Protection Agency (EPA) proposed the first carbon emission standards for airplanes. While this regulatory move appears to be progress for protecting the environment, it locked in current emissions levels for years to come. The overwhelming majority of aircraft models are already 6% more efficient than the new standard requires them to be. The rule highlights the tension between industry considerations and environmental justice.

This Comment seeks …

Tribute To Charles Alford Tarpley, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

Hello Don, This Is Charles, Donald R. Andersen

Journal of Air Law and Commerce

No abstract provided.

A Tribute To Charles A. Tarpley: Mentor, Friend, Aviator, Lawyer, And Gentle Man, James D. Struble

Journal of Air Law and Commerce

No abstract provided.

Profit Or Safety: Where Is Outer Space Headed?, Paul B. Larsen

Journal of Air Law and Commerce

The space powers (the U.S., the European Space Agency (ESA), China, and Russia) are now preparing national space traffic regimes with insufficient regard for the Outer Space Treaty’s (OST) agreed “Principles Governing the Activities of States in Exploration and Use of Outer Space.” The rapidly growing traffic of satellites, resulting in space debris, and the scarcity of radio frequencies and related orbits create obvious dangerous situations. States, including the U.S., agreed in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) on twenty-one Guidelines for Long-Term Sustainability of Space, some of which relate to space traffic management …

Using The Artemis Accords To Build Customary International Law: A Vision For A U.S.-Centric Good Governance Regime In Outer Space, Walker A. Smith

Journal of Air Law and Commerce

International space law is a relatively undeveloped field primarily occupied by the 1967 Outer Space Treaty (Treaty). This Treaty, while long on general principles, is short on details. With the United States’ recent push to return to the Moon by 2024 and send humans to Mars as soon as practicable after that, the time has come to fill in the gaps of the Outer Space Treaty out of necessity. The U.S. seeks to do this through the Artemis Accords (the Accords).

This Comment argues that the U.S. should use the Accords to develop a U.S.-centric legal and good governance regime …

“A Defendant’S Paradise”: Failings Of The Brooke Group Test In The Airline And E-Commerce Industries, Kaitlyn Thorson

Journal of Air Law and Commerce

No abstract provided.