Air and Space Law Commons^™

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Engines Turn Or Passengers Swim: A Case Study Of How Etops Improved Safety And Economics In Aviation, J. Angelo Desantis

Journal of Air Law and Commerce

No abstract provided.

Asteroids, The New Western Frontier: Applying Principles Of The General Mining Law Of 1872 To Incentive Asteroid Mining, Lauren E. Shaw

Journal of Air Law and Commerce

No abstract provided.

Focusing On Adhd: A Second Look At The Faa's Ban On Adhd Medication In The Cockpit, Baine Sellers

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Delimitation Between Airspace And Outer Space And The Emergence Of Aerospace Objects, Jinyuan Su

Journal of Air Law and Commerce

Although the legal border between airspace and outer space still awaits international agreement, this lacuna has not given rise to significant difficulties in the determination of applicable law with respect to traditional flight craft-aircraft and space objects due to their separated spheres of activity. The emergence of aerospace objects' does not justify the urgency of delimitation. In the alternative, the difficult question of delimitation could be circumvented if the law is determined based on the objects' nature or purpose. Those performing space missions should be governed by space law, but their traverse through other states' airspace should be regulated.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Fixing The War Powers Resolution In The Age Of Predator Drones And Cyber-Warfare, Alexander Chanock

Journal of Air Law and Commerce

No abstract provided.

Airfreight: Regulatory Environment Encourages Or Imposes Price Coordination, Steven Truxal, Siri Harris

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Death From Above - The Weaponization Of Space And The Threat To International Humanitarian Law, Robert David Onley

Journal of Air Law and Commerce

No abstract provided.

The Long-Term International Law Implications Of Targeted Killings Practices, Christof Heyns, Sarah Knuckey

Faculty Scholarship

One of the most crucial and enduring questions about “targeted killings” is: How will the currently expanding practices of singling out individuals in advance and eliminating them in other countries without accountability impact the established international legal system?

International law, since at least World War II, has developed various mechanisms to limit killing in general, including targeted killings. These take the form of vigorous protections for the right to life under human rights law; safeguards against the interstate use of force while permitting states to protect themselves where necessary; and aiming to strike a balance between the principles of humanity …

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Publications

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as …

Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke

Michigan Journal of International Law

In 2003, Paul Hunt, the U.N. Commission on Human Rights' Special Rapporteur on the Right to Health, presented a report on the global availability of health care. Special Rapporteur Hunt argued that states are obligated to implement a right to health. Included in this right is the obligation "to ensure that no international agreement or policy adversely impacts upon the right to health, and that .. . international organizations take due account of the right to health, as well as the obligation of international assistance and cooperation, in all policy-making matters." One area Hunt left unexplored in his report was …

Sovereign Right Claim On Geo Stationary Orbit (Gso), Adhy Riadhy Arafah

Indonesia Law Review

The potency and unique characteristics of GSO for placing communication satellites located only above equatorial states makes the GSO as part of natural resources. The equatorial states realized that the use of GSO has many advantages and has implications to their national interest. However, basic principle in space law, Outer Space Treaty 1967 (Art.II), states that equatorial states forbidden to claim ownership of any part of outer space, particularly claim in sovereignty. The principle “first come first served” in placing of satellite on GSO, practically only gives the advantage to developed countries which have high satellite technology. Hence, the level …

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Articles

Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …

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 …