Air and Space Law Commons^™

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 …

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

Journal of Air Law and Commerce

No abstract provided.

Psychiatric Injury In Aviation Accidents Under The Warsaw And Montreal Conventions: The Interface Between Medicine And Law, Christopher Andrews, Vernon Nase

Journal of Air Law and Commerce

No abstract provided.

Keeping The Live In Live Animal Air Cargo Transport, Noreen Lanza

Journal of Air Law and Commerce

No abstract provided.

Front Matter

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.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

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 …

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 …

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 …

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 …

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.

Ripe, Riper, Ripest - The Ninth Circuit's Decision In Addington V. U.S. Airline Pilots Association Sets A Misguided Ripeness Standard For Duty Of Fair Representation Claims, R. J. Pathroff

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Air Carrier Litigation, Linda L. Lane, Kimberly R. Gosling, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

Book Review

Journal of Air Law and Commerce

No abstract provided.

Revisiting Selected Issues In The Draft Protocol To The Cape Town Convention On Matters Specific To Space Assets, Zhao Yun

Journal of Air Law and Commerce

No abstract provided.

Making A List And Checking It Twice, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.