Air and Space Law Commons^™

Sun, Sea, Sand ... And Space: Launching Tourists Into Outer Space From The Dutch Caribbean, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the first space tourist flights coming ever closer to reality, the interests in becoming part of this challenging new chapter of human spaceflight are also spreading across the globe. One of the legally most interesting projects concerns the plans of Space Experience Curac;ao, a Dutch company, to develop a spaceport on the island of Curaçao in the Dutch Antilles, so far famous largely for its holiday resorts. The aim is to allow as of 2014 commercial spaceflights to be undertaken from the island as well as to start offering such flights itself from the island. The Dutch Antilles are …

The Legal Framework For Space Projects In Europe: Aspects Of Applicable Law And Dispute Resolution, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Space projects in Europe take place in a complicated environment involving many public, private and intergovernmental actors, where the participation of the private sector, as independent space operators or as sub-contractors to others, is usually subsumed under the label of 'the space industry,' producing hardware, software and services to be used in outer space, in support of space activities, or using products, data or information generated with the help of space activities.

Such private, semi-private and quasi-private actors use contracts as the main mechanism to protect their interests, the freedom to contract within the rule oflaw being the paramount overarching …

The Eu Space Competence As Per The Treaty Of Lisbon: Sea Change Or Empty Shell?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The entry into force of the Treaty of Lisbon late 2009 introduced a so-called 'space competence' of the European Union into the already complicated legal European 'spacescape' . It has been hailed by some as a sea change, a watershed following which the EU finally and irreversibly has entered the realm of legislating for space, whereas others fail to see it as more than an empty shell, a fig leaf for politicians to be able to show at least some progress towards a united European approach and policy with respect to space.

Whilst some discussion has focused on whether this …

The Origins Of Authorisation: Article Vi Of The Outer Space Treaty And International Space Law, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

The issue of authorisation of private space activities, the key theme of the present book, ultimately goes back to the principled political disagreements in the 50s and 60s between the two (then) superpowers in space, the United States and the Soviet Union, on the proper role of other entities than states in space activities. The Soviet Union, true to its communist ideology, was squarely against any private activities in most economically-relevant areas of society, but certainly so in an area of such strategic concern as outer space. l By contrast, the United States throughout its existence has …

Liability And Insurance In The Context Of National Authorisation, A. Kerrest De Rozavel, F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

It is probably difficult to overstate the importance of liability and the related area of insurance when domestic legislation in the field of space activities is concerned, as such activities still constitute a relatively hazardous undertaking and the risks of something going horribly wrong are always close at hand. Moreover, though fortunately so far major accidents as a consequence of space activities—at least on earth—have not occurred, if they would occur there should be little doubt that they may cause major damage, potentially even of a catastrophic size. As a consequence, the question as regards who would …

Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson

American University International Law Review

No abstract provided.

Airspace In A Green Economy, Troy A. Rule

Faculty Publications

The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …

Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon

Cardozo Journal of Conflict Resolution

In Section I, this Article explores the promotion of wind energy by looking at the current system of incentives and regulations, including the authority to mitigate adverse impacts. In Section II, the Article looks at the role of citizens in siting generally, how involvement can turn into opposition, and how that opposition can be managed productively. Section III explores three approaches to citizen engagement that have been used for decades-participatory planning, negotiated rulemaking and facility siting. Finally, Section IV provides a framework for the federal government to work cooperatively with state and local governments to create comprehensive wind energy plans …

Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …

Introduction To National Space Legislation In Europe: Issues Of Authorization Of Private Space Activities In The Light Of Developments In European Space Cooperation, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This book is, at the heart, a result of a Practitioners’ Forum of the European Centre of Space Law (ECSL), organized in Paris in December 2008. Having been established in the early 90s, ECSL Practitioners’ Fora are organized more or less annually, and have presented unique oneday occasions for academics and practitioners from all corners of the European space endeavor and space industry to discuss topical and important legal issues.

The Issue Of National Security In The Context Of National Space Legislation—Comparing European And Non-European States, F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

The inherent dual-use character of most, if not all space activities cannot fail to exercise a considerable impact also on the involvement of private actors in space. Much technology used for and/or developed by private space activities may potentially be put at the use of those wishing to change a particular political status quo, and likewise the material results of some private space activities may, consciously or inadvertently, come to be used against the national security interests of one state or another. Hence, issues of national security will likely also have an effect on the issue of …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Space Debris And Its Threat To National Security, Joseph S. Imburgia

Vanderbilt Journal of Transnational Law

In 2007, a Chinese anti-satellite missile destroyed an aging weather satellite, creating millions of pieces of space debris. In 2009, the collision of two satellites created thousands more. By 2010, more than 95 percent of all man-made objects in Earth's orbit were debris. Such a sudden and massive addition to the space debris environment since 2007 poses a direct threat to operational satellites and continued space access. This in turn threatens U.S. national security, to which space access and use is vital. Unfortunately, future increases in the number of space-faring nations and corresponding launches will only exacerbate this space debris …

Consolidation And Rationalization In The Transatlantic Air Transport Market - Prospects And Challenges For Competition And Consumer Welfare, Antigoni Lykotrafiti

Journal of Air Law and Commerce

No abstract provided.

Twombly And Parallel Conduct - How The Sixth Circuit Grounded In Re Travel Agent Commission Antitrust Litigation, Natalie N. Dubose

Journal of Air Law and Commerce

No abstract provided.

The 2010 Nasa Authorization Act: Legislators As Rocket Scientists And Other Implications For America's Human Spaceflight Program, Jason S. Sharp

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law: General, William V. O'Connor, William C. Dalton

Journal of Air Law and Commerce

No abstract provided.

Why Civil-Military Integration Of Yokota Air Force Base Makes Sense For Purposes Of Promoting Mutual Cooperation Between The United States And Japan, Allan I. Mendelsohn

Journal of Air Law and Commerce

No abstract provided.

Cost Sharing In Air-Service Provision, David Timothy Duval, Niven Winchester

Journal of Air Law and Commerce

No abstract provided.

Balancing Airport Capacity Requirements With Environmental Concerns: Legal Challenges To Airport Expansion, Timothy R. Wyatt

Journal of Air Law and Commerce

No abstract provided.