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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 2017 Faculty of Law, Andalas University

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 2017 Polk State College

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.


Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr. 2017 United States Air Force

Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr.

Journal of Aviation/Aerospace Education & Research

Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …


Space Weapons And The Law, Bill Boothby 2017 U.S. Naval War College

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 2017 University of Nebraska-Lincoln

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 2017 Air Power Centre of Indonesia

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 2017 Penn State Dickinson Law

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 2017 Brigham Young University

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 …


Legal Challenges Facing Unmanned Aerial Systems And Commercial Agriculture, Peggy Kirk Hall, Rusty Rumley 2017 University of Arkansas Little Rock

Legal Challenges Facing Unmanned Aerial Systems And Commercial Agriculture, Peggy Kirk Hall, Rusty Rumley

University of Arkansas at Little Rock Law Review

No abstract provided.


Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber 2017 University of Massachusetts School of Law

Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber

Georgia State University Law Review

A few years ago one might have seen a small object flying overhead without any idea what it could be. Today, it is fairly commonplace to see drones flying around our neighborhood skies. The Federal Aviation Administration (FAA) predicts there will be seven million drones populating our skies by 2020. In 2015 hobbyists, recreational users, and commercial businesses purchased unmanned aerial vehicles, commonly referred to as drones, in record-breaking numbers. Estimates reveal that over 4.3 million drones were sold worldwide in 2015. Trade industry experts predicted that more than 2.8 million drones would be sold in the U.S. in 2016 …


The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan CHEN 2017 Singapore Management University

The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen

Research Collection Yong Pung How School Of Law

In response to the sudden proliferation of hobbyist unmanned aerial vehicles used for digital imaging – or “drones”, as they are popularly, but rather inaccurately, labelled – the Singapore government enacted the Unmanned Aircraft (Public Safety and Security) Act in 2015 and also amended various existing laws relating to air navigation. However, in view of the rapid evolution in drone technology and the ever-expanding range of useful applications brought about by drones, what are some of the challenges that would be faced when enforcing the law against recreational users of aerial imaging in particular, and what are some of the …


Aviation Law-Personal Injury-The Warsaw Convention, As Modified By The Montreal Agreement, Does Comprehend, And Thus Supplies The Exclusive Relief For, Mental And Psychosomatic Injuries., Lee C. Mundell 2017 University of Georgia School of Law

Aviation Law-Personal Injury-The Warsaw Convention, As Modified By The Montreal Agreement, Does Comprehend, And Thus Supplies The Exclusive Relief For, Mental And Psychosomatic Injuries., Lee C. Mundell

Georgia Journal of International & Comparative Law

No abstract provided.


When Robots Trespass, Thomas Simmons 2017 University of South Dakota School of Law

When Robots Trespass, Thomas Simmons

Faculty Publications

No abstract provided.


Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher 2017 Duke Law

Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher

Duke Law & Technology Review

The characteristics and capabilities of civilian drones have proliferated in recent years, giving rise to a burgeoning industry. The popular media and academic literature have predominantly focused on privacy concerns, devoting considerably less attention to the regulatory challenges created by the new technology. Congress instructed the FAA to integrate drones into the National Airspace System in 2012, but rulemaking delays and a moratorium on commercial uses hampered the industry and withheld benefits from the public. Final regulations are now in place, but the new rules revive legal uncertainty over the constitutional limits of federal authority and the ambiguous vertical bounds …


Wisconsin Patent Acquisition In The Final Frontier: Creating A Void, Nicholas J. Thibodeau 2017 Marquette University Law School

Wisconsin Patent Acquisition In The Final Frontier: Creating A Void, Nicholas J. Thibodeau

Marquette Intellectual Property Law Review

In early 2006, the Wisconsin Legislature passed 2005 Wisconsin Act 335, creating the Wisconsin Aerospace Authority (WAA). Unique to this particular act is the enumeration of the power to acquire intellectual property by the WAA. While granting them the power to acquire intellectual property is not unique, there is an interesting problem with that acquisition: the Act does not conform to the Parker Doctrine, and thus allows the WAA to be subject to antitrust litigation in its intellectual property acquisition under the proper circumstances. Specifically, the Act allows the WAA to enter into exclusive contracts that allow the WAA to …


Uas: Understanding The Airspace Of States, Stephen Migala 2017 Winston & Strawn LLP

Uas: Understanding The Airspace Of States, Stephen Migala

Journal of Air Law and Commerce

On August 29, 2016, regulations issued by the Federal Aviation Administration (FAA) went into effect that, for the first time in history, apply only to airspace below 500 feet. At the same time, in response to concerns over privacy and security, and the FAA’s delay in issuing these regulations, several states passed their own laws restricting drones. Simply put, these laws are on a collision course. The majority of commentators believe these state laws will be federally preempted, but they are most likely wrong. Very little attention has been paid to the strong argument that the FAA may not have …


Disassembling Assembler Liability: Are Oems Strictly Liable For Pma Parts In Aviation Cases?, Kevin M. Smith, Erik H. Beard 2017 Wiggin and Dana, LLP

Disassembling Assembler Liability: Are Oems Strictly Liable For Pma Parts In Aviation Cases?, Kevin M. Smith, Erik H. Beard

Journal of Air Law and Commerce

No abstract provided.


Small Satellite Legal Issues, Paul B. Larsen 2017 Georgetown University Law Center

Small Satellite Legal Issues, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.


Who Owns The Moon, Mars, And Other Celestial Bodies: Lunar Jurisprudence In Corpus Juris Spatialis, Dennison A. Butler 2017 State of Montana

Who Owns The Moon, Mars, And Other Celestial Bodies: Lunar Jurisprudence In Corpus Juris Spatialis, Dennison A. Butler

Journal of Air Law and Commerce

No abstract provided.


The Enemy Among Us: The Insider Threat, Valerie J. Pelton 2017 The George Washington University Law School

The Enemy Among Us: The Insider Threat, Valerie J. Pelton

Journal of Air Law and Commerce

Given its role in regulating civil and military aviation, the Federal Aviation Administration (FAA) is one of the most visible federal agencies to the general public. To fulfill its domestic and international aviation roles, the FAA must strike a balance between security and commercial interests and its own budget constraints. It is also an economic and intelligence target. While aviation security policy has evolved since 2001, policies designed to promote commerce and to facilitate overseas operations and maintenance by U.S. carriers and aerospace manufacturers have resulted in two entities that are especially vulnerable to insider activities: foreign repair stations and …


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