Air and Space Law Commons^™

Commercialization Of Space Activities— The Laws And Implications, Eng Teong See

Journal of Air Law and Commerce

According to an estimate by the Satellite Industry Association, the global space industry grew from $104 billion in 2004 to about $322.7 billion in 2014. The figures encompass both satellite and non-satellite aspects of the space industry. The industry grew by another four percent in the years 2014 to 2015 to an estimated global industry revenue of $335.3 billion. With more commercialization of outer space activities, the figures are expected to continue to grow at an exponential rate. More and more States and private actors are keen on the lucrative space business, not to mention space resources. With more private …

Extraterritorial Jurisdiction—Warning: Second Circuit Breaks With Supreme Court Trend For Stricter Presumption Against Extraterritoriality, Alexandra R. Rahn

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Kathryn A. Grace, Corey J. Wright

Journal of Air Law and Commerce

The following article provides an overview of recent, important developments in aviation law from February 1, 2016, to January 1, 2017. This article will cover cases concerning the topics of federal preemption, forum non conveniens, international treaties including the Montreal Convention, and federal jurisdiction.

Ordering The Cosmos: Private Law And Celestial Property Rights, Alexander W. Salter

Journal of Air Law and Commerce

The Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 (SPACE Act) aims to promote wealth creation by guaranteeing protection of U.S. citizens’ property rights to celestial resources. But there are serious concerns that government protection of space property claims are incompatible with international law. This article proposes a purely private legal system for space commerce as an alternative to government-defined and enforced property rights. Economic theory shows how property rights and rules for adjudicating disputes can be self-enforcing. Economic history shows that such a system has worked well for centuries in international trade. A private legal commercial order for …

“Fly The Friendly Skies”: How Implementing A Private Security System Can Improve The Safety Of The Nation And An Industry, Courtney Luster

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Epa’S Endangerment Finding On Aircraft Greenhouse Gas Emissions: A Preliminary Analysis, Katherine A. Bechina, John C. Nettels, Brett A. Shanks

Journal of Air Law and Commerce

No abstract provided.

Insider Threat: The Unseen Dangers Posed By Badged Airport Employees And How To Mitigate Them, J. Peter Greco

Journal of Air Law and Commerce

Security breaches involving badged airport employees1 are a growing risk in today’s commercial aviation industry. Currently at almost every commercial airport in the United States, employees of airports, airlines, purveyors, and other tenants enjoy unfettered access to the airport’s Security Identification Display Area (SIDA), sterile, and secured areas. In recent years, there have been several high profile incidents deriving from this freedom of movement and lack of oversight which have resulted in the introduction of dangerous contraband into the aviation system. Several alternatives can be implemented to combat this problem.

What is perhaps the most effective of these is also …

De Facto Amendment Of A Faa Regulation By Non-Regulatory Interpretation: Unintended Consequences Of Faa Suggestions On How To Comply With The Flight Review Requirement, Michael L. Shakman

Journal of Air Law and Commerce

No abstract provided.

Cybersecurity In Aviation: Constant Vigilance Required, Hyattye O. Simmons

Journal of Air Law and Commerce

“Aviation is proof that given the will, we have the capacity to achieve the impossible.”

In today’s world, “it is imperative . . . [for] an efficient [and secure] . . . flow of goods and passengers”3 that we find the “will” to develop, implement, and maintain reasonable and resilient cybersecurity in aviation. Given the scope of the aviation industry in the United States, this article will analyze the nature of cybersecurity in three main areas: major cybersecurity issues, the importance of these issues, and recommended solutions.

No Way To Run An “Airline”: Surviving An Air Ambulance Ride, Henry H. Perritt Jr.

Journal of Air Law and Commerce

No abstract provided.

Waste In Space: Remediating Space Debris Through The Doctrine Of Abandonment And The Law Of Capture, Emily M. Nevala

American University Law Review

With the growing commercialization of outer space, the threat of damage to satellites from detritus hurtling through space could prevent the continued installation of satellites. The cure for this issue cannot simply come from mitigation efforts; governments and organizations involved in spacefaring activities must participate in active remediation measures. International space agency guidelines and U.S. statutes and regulations are productive preventative measures against further accumulation of debris. In addition, a number of organizations are working on new technology to actively reduce orbital debris. These active processes for culling debris from orbit are essential for the reduction of debris buildup.

One …

The Second African National Space Law: The Nigerian Nasrda Act And The Draft Regulations On Licensing And Supervision, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation addressing in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent and most interesting ones among them is Nigeria, as the second African country after South Africa and—after Brazil—the second leading spacefaring nation from the developing world, to draft, further to a fairly recently established succinct framework law, a set of regulations addressing precisely those issues.

The paper briefly recaps the underlying international obligations, in …

Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation that addresses in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent ones among them is New Zealand, which has an extensive “Outer Space and High-Altitude Activities Act” that is to enter into force in December 2017.

The paper briefly recaps the general underlying international obligations, in particular as following from Articles VI, VII, and VIII of the Outer Space Treaty, the Liability Convention, and …

Harmonization Of The Aviation Sector Within President Jokowi’S Maritime Policy:A Way To Promote Pioneer Flights, Ridha Aditya Nugraha

Jurnal Hukum & Pembangunan

As the biggest archipelagic state in the world, the Indonesian government has been aware of the importance of both air and sea transportation in connecting the remote islands with the main islands and thus developing the economy. However,it could not be denied that for many years the country had been trapped within a transportation policy favoring land over the aviation and maritime sectors. It thus came as a relief when the current government announced a pro-maritime transportation policy as their main priority. While this pivot is certainly welcome, it still fails to address the other ‘life line’ of the Indonesian …

Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko

Georgia Journal of International & Comparative Law

No abstract provided.

Contents

Georgia Journal of International & Comparative Law

No abstract provided.

Spaceways: Airspace In Outer Space, Scott Haeffelin

Space Traffic Management Conference

Forecasted future demand in space travel is driving the need for the development of space traffic management. Currently, orbital space traffic is mostly unregulated with internationally agreed upon best practices and self-interest driving space operators to avoid collisions with other spacecraft. This paper explores the future of space travel by presenting a concept of creating “airspace in space” or spaceways to manage the ever growing volumes of space traffic. Spaceways are analogous to airspace for aircraft with the goal of increasing levels of safety and reducing probabilities of collision. These goals can be achieved by creating traffic rules, defining valuable …

Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter

Space Traffic Management Conference

Leveraging existing U.S. regulatory frameworks, as well as international organizations, will dramatically shorten the time needed to develop an effective Space Traffic Management concept. Both the Department of Defense and the Department of Transportation have been working with the U.S. Congress to define and develop a Space Traffic Management concept that will allow the Office of Commercial Space Launch to begin a new mission that will help to ensure the safety and resilience of the space domain. Outside observers can easily see forward progress toward this, still, undeveloped concept. This paper explores potential final U.S. Space Traffic Management concepts that …