Air and Space Law Commons^™

Space Traffic Management Standards, Paul B. Larsen

Journal of Air Law and Commerce

This article is about the need for space traffic standards. It specifically focuses on international space traffic standards. Space traffic is currently tracked by radar. But, many objects—mainly space debris—moving in outer space are too small to be tracked and are still dangerous. The Kessler Syndrome predicts frequent collisions with increasing space debris in outer space in the near future. A four-fold increase in navigable outer space objects is likely. Therefore, organization of space traffic is urgently needed.

The Faa’S Mental Health Standards: Are They Reasonable?, Katie Manworren

Journal of Air Law and Commerce

No abstract provided.

Safety Meets Efficiency: The Medical Device Drone’S Role In Bringing About A Workable Regulatory Framework For Commercial Drones, Luke Strieber

Journal of Air Law and Commerce

No abstract provided.

Distributed Ledger Technology In The Airline Industry: Potential Applications And Potential Implications, Roberto Cassar

Journal of Air Law and Commerce

The objective of this article is to merge the growing phenomenon of distributed ledger technology with the airline industry. This article attempts to attain its objective by succinctly clarifying what distributed ledger technology truly is without explaining the minutest of its details. Further, this article seeks to achieve its objective by suggesting potential manners in which this technology could apply to the airline industry; this is an endeavor that, so far, does not seem to have been undertaken in a strict academic sense. Lastly, this article strives to link these potential applications to the empire of the law by shedding …

Pioneering The Right To Breastfeed At 35,000 Feet: Workplace Accommodations For Lactating Employees In The Airline Industry, Brooke L. Hauglid

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Antitrust Immunity For Joint Ventures Among Alliance Airlines, Fred Lazar

Journal of Air Law and Commerce

This article addresses four fundamental questions:

1. If joint ventures and, particularly, metal-neutral joint ventures produce significant benefits for consumers, then why not grant them antitrust immunity while subjecting them to periodic reviews that ensure benefits continue to materialize and exceed the potential costs of lessening competition?

2. Alternatively, why not grant antitrust immunity to a joint venture with a time limit and subject it to another review on whether the immunity should be extended for another fixed period of time?

3. Or, why not attach conditions other than carve-outs to any immunized joint ventures?

4. Finally, should immunity have …

Domestic Airline Mergers And Defining The Relevant Market: From Cities To Airports, Alexa Naumovich

Journal of Air Law and Commerce

In 2017, more than four billion people in the world used aviation to travel. Airlines within the United States transported 741 million passengers domestically. As passenger demand for air travel has risen astronomically, the number of airlines who serve domestic passengers has dwindled to five major U.S. airlines. This shift in the airline industry and the reduced number of domestic airlines requires the Department of Justice (DOJ) Antitrust Division (Antitrust Division) to alter its analysis of airline mergers to determine their anticompetitive ramifications.

This article serves as guidance for the future of airline mergers within the United States. It argues …

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the …

The Hague Working Group On Space Resources: Creating The Legal Building Blocks For A New Industry, Mark J. Sundahl, Chelsey Davis

Law Faculty Articles and Essays

Given the inherently international (or more accurately, extranational) nature of asteroid mining, an international discussion has also arisen at the United Nations and other fora. In order to prepare the way for the future regulation of space resource extraction, The Hague Space Resources Governance Working Group (Working Group) was created to develop so-called "building blocks" for use in the construction of a future legal framework governing mining activities. This "legal framework" may take the form of a treaty, but it is more likely to be a soft form of international law, such as a U.N. resolution, or a model domestic …

Introduction To U.S. Export Controls For The Commercial Space Industry, U.S. Department Of Commerce’S Office Of Space Commerce, Federal Aviation Administration’S Office Of Commercial Space Transportation

Space Law Documents

This guidebook provides basic information to help commercial space organizations, especially emerging entrepreneurial firms, considering business in the international market. It is intended to serve as a starting point in the preparation for the export control process. This is an update to the 2008 edition and reflects changes due to the Export Control Reform initiative. Because most space technologies are subject to export controls, it is your responsibility to be aware of the steps necessary to ensure that your operations are lawful. While this guidebook gives an overview of the general responsibilities and procedures, it cannot replace a full understanding …

United States Drone Laws, Jacob Crittenden

Student Works

The purpose of this Directed Study was to investigate and compile the drone laws that exist within the United States, both on the federal level and for each individual state. The federal laws are directed by the Federal Aviation Administration (FAA) under laws that pertain to “Unmanned Aircraft Systems” (UAS) and are relatively new. Most states have further regulations on UAS that they have passed. Most of these laws are in place to protect public safety and privacy, but some also prohibit certain locations of flight and certain modifications that might be made to the platform. State laws that limit …

The Bankruptcy Of Airlines As Lessee In Finance Leasing Based On Cape Town Convention 2001 And Harmonization With The Bankruptcy And Suspension Of Payment Act Number 37 Years 2004, Shafira Hijriya

Jurnal Hukum & Pembangunan

By the development of the airlines industry in Indonesia today, international lease finance from all around the world (lessor) puthigher trustto airline business in Indonesia. In reality many airlines company (lessee) is bankrupt, because of the inability to pay his debt to the lessor. Based on the Irrevocable Deregistration and Export Request Authorization (IDERA) in the Cape Town Convention, if the airlines company had been bankrupt and could not pay the debt of finance leasing, the aircrafts must bereturned to the finance leasing. In contrary, there is disparities with Bankruptcy and Suspension of Payments Act No.7/2004 in Indonesia, so we …

Evolution Of Uas Policy In The Wake Of Taylor V. Huerta, Ryan J. Wallace, Jon M. Loffi

International Journal of Aviation, Aeronautics, and Aerospace

The U.S. Court of Appeals recently ruled that the Federal Aviation Administration exceeded their statutory authority in requiring model aircraft and hobbyist UAS operators to register their aircraft in a national database. The ruling represents a significant blow to the agency’s credibility in leading UAS integration into the National Airspace System. The paper points to several possible outcomes of the Taylor v. Huerta decision and its impact on the FAA’s ability to continue to lead change in the burgeoning UAS field.

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …

Space Law And Gnss—A Look At The Legal Frameworks For “Outer Space”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Global Navigation Satellite Systems (GNSS), obviously, make crucial use of satellites operating in an area commonly known as “outer space,” raising issues regarding which specific body of law might rule the operations of such satellite systems. Though the “horizontal” boundary between outer space and the underlying area of airspaces has never been authoritatively defined, it has generally been agreed that those two areas differ fundamentally as to the legal regimes ruling them, giving rise indeed to a specific body of “space law.”

Aviation Legal Issues In Indonesia And Thailand: Towards Better Passengers’ Rights In Asean, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri

Indonesia Law Review

The aviation business in the ASEAN region has shown significant growth during the last decade. With the enactment of ASEAN Open Skies, there is no doubt that intra-ASEAN flights will continue to increase rapidly with Indonesia and Thailand experiencing significant effects from such development. Considering current rapid market capitalization, there is an urgency to establish equilibrium between commercial and passengers’ rights. Flight delays, cancellations, and denied boarding, either on domestic or international flights, are the main airline passengers’ rights issues that are always relevant and must be kept up-to-date with recent developments. In the context of the so-called integrated ASEAN …

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Norwegian Airlines International's Violation Of The Us/Eu Open Skies Agreement, Tinesha Zandamela

Brigham Young University Prelaw Review

Outsourcing labor has become an increasing concern in the United States as unemployment rates have been volatile for the past ten years. Because of this, the US and the EU created the Open Skies Agreement, with the hope of increasing the amount of jobs in the airline industry by putting a ban on outsourcing cheap labor. However, this agreement now has the potential to be undermined by the US Department of Transportation's decision to allow Norwegian Airline International (NAI) to reap the benefits of this agreement, while simultaneously breaking the outlined code of conduct regarding labor. The US Dep't of …