Air and Space Law Commons^™

Towards 'Flags Of Convenience' In Space?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the increasing privatization of outer space activities, the issue of appropriate national licensing thereof and the consequent risks of cheap 'flags of convenience' being sought for the purpose is becoming more relevant. The paper assesses the possibility of such 'flags of convenience' arising in the context of space activities, as well as what could be done about it, all with reference to the law of the sea where the concept originally was coined.

Managing Air Traffic Congestion Through The Next Generation Air Transportation System: Satellite-Based Technology, Trajectories, And - Privatization?, Justin T. Barkowski

Pepperdine Law Review

No abstract provided.

Contradictio In Terminis Or Realpolitik? A Qualified Plea For A Role Of 'Soft Law' In The Context Of Space Activities, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Discusses the issue of 'soft law' in the context of space activities, the characteristics of 'law' and '(international) space law,' the role of 'law' per se in the context of space activities, the use of qualified language in legal documents (including clauses beginning with words like should or may).

It is finally submitted that, while never losing sight of the benefits of a clear and coherent legal framework probably still best reflected through a treaty regime, in the arena of space activities there is considerable benefit from such mechanisms usually labelled 'soft law', whether in the context of customary …

A Tale Of Two Oceans: Governance Of Terrestrial And Outer Space “Global Commons”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The governance of outer space is a key factor in determining whether that area will continue to remain open for scientific and other peaceful activities for the benefit of all mankind. At the same time, it is widely recognized that such governance is far from comprehensively realized as of today, and to the extent it does exist moreover, challenged by major developments, in particular in the area of private participation to space activities.

Taking such developments into account, efforts to further develop a proper system of governance for outer space often look for help to other existing, often more elaborated …

Airspace And The Takings Clause, Troy A. Rule

Faculty Publications

This Article highlights several situations in which governments can impose height restrictions or other regulations as a way to effectively take negative airspace easements for their own benefit. The Article describes why current regulatory takings rules fail to adequately protect citizens against these situations and advocates a new rule capable of filling this gap in takings law. The new rule would clarify the Supreme Court’s takings jurisprudence as it relates to airspace and would promote more fair and efficient allocations of airspace rights between governments and private citizens.

Airspace And The Takings Clause, Troy A. Rule

Faculty Publications

This Article argues that the U.S. Supreme Court’s takings jurisprudence fails to account for instances when public entities restrict private airspace solely to keep it open for their own use. Many landowners rely on open space above adjacent land to preserve scenic views for their properties, to provide sunlight access for their rooftop solar panels, or to serve other uses that require no physical invasion of the neighboring space. Private citizens typically must purchase easements or covenants to prevent their neighbors from erecting trees or buildings that would interfere with these non-physical airspace uses. In contrast, public entities can often …

Nasa's Commercial Crew Transportation System Requirements And The Faa Human Spaceflight Regulations: A Study In Contrasts?, Mark J. Sundahl

Law Faculty Contributions to Books

On December 10, 2010, NASA issued the second version of the technical requirements that will be imposed on private companies that provide orbital crew transportation services to NASA. These Commercial Crew Transportation System Requirements for NASA Low Earth Orbit Missions impose a multitude of operational and design requirements that, among other things, extend many existing NASA technical requirements to private service providers. The sheer volume of these requirements is daunting – being composed of a collection of approximately 80 existing NASA guidelines on various areas from crew health and safety to power systems, wiring, and orbital debris mitigation. This approach …

Another Additional To National Space Legislation: The Austrian Outer Space Act, Adopted 6 December 2011, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

On December 6, 2011, the Austrian Parliament unanimously adopted the Bundesgesetz über die Genehmigung von Weltraumaktivitäten und die Einrichtung eines Weltraumregisters (Weltraumgesetz), or Austrian Space Act. Thus, Austria became the sixth EU member state and one of more than a dozen states globally adopting a comprehensive national act focusing on national activities related to or in outer space, and more specifically the prospect of fundamental private participation therein. Following the same analytical approach as with regard to the Swedish, UK, South African, Russian, Australian, Ukrainian, Norwegian, Brazilian, and Dutch national space acts, the present paper will analyze this most …

The United States Vs. France: Article 33 Of The Montreal Convention And The Doctrine Of Forum Non Conveniens, Allan I. Mendelsohn, Carlos J. Ruiz

Journal of Air Law and Commerce

No abstract provided.

Get Off My Plane: The Need For Extreme Deference To Captains And Crews On International Flights Under The Tokyo Convention Of 1963, Jordan Campbell

Journal of Air Law and Commerce

No abstract provided.

What's Wrong With Pregnancy In The Airline Industry And What To Do About It: Balancing Public Safety Interests, Disability Rights, And Freedom From Discrimination, Jennifer Staton

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.

Keep Your Hands Off My Nuts - Airlines, Peanut Allergies, And The Law, John G. Browning

Journal of Air Law and Commerce

No abstract provided.

Air Carrier Liability For Delay: A Plea To Return To International Uniformity, Jae Woon Lee, Joseph Charles Wheeler

Journal of Air Law and Commerce

No abstract provided.

Serving Two Masters: Military Aircraft Commander Authority And The Strategic Airlift Capability Partnership's Multinational Airlift Fleet, Christopher M. Petras

Journal of Air Law and Commerce

No abstract provided.

Propelling Aviation To New Heights: Accessibility To In-Flight Entertainment For Deaf And Hard Of Hearing Passengers, Michael A. Schwartz

Journal of Air Law and Commerce

No abstract provided.

Environmental Impact Statements - The Ninth Circuit Narrows The No-Growth-Inducing-Impacts Exception, John Carse

Journal of Air Law and Commerce

No abstract provided.

The Airline Deregulation Act And Preemption - Determining Whether Curbside Baggage Check Has A Significant Impact Upon A Carrier, Lorelee Dodge

Journal of Air Law and Commerce

No abstract provided.

Flying With Blinders On - The District Of Columbia Circuit Allows Tsa To Ignore Evidence Unfavorable To Its Financial Interests, Allyn E. Hurley

Journal of Air Law and Commerce

No abstract provided.