In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.

This extensively updated third edition of the classic casebook Marine and Coastal Law provides readers with an authoritative, comprehensive, and up-to-date guide to landmark laws, regulations, and legal decisions governing the United States' vast marine and coastal resources. This thoroughly revised and updated third edition of the prestigious Marine and Coastal Law casebook provides an essential overview of landmark legal decisions and statutory provisions in U.S. marine and coastal law, with a particular emphasis on regulatory changes and legal conflicts involving climate change, coastal resilience/protection, and sea level rise. In addition to a thorough updating of the contents of the second edition (including editorial commentary on every case), this new revised edition features extensive new content, including two entirely new chapters and new "learning objectives" for each chapter. Produced by five experts in U.S. marine law, this third edition stands as an accessible and invaluable resource for both lay readers and legal professionals who are seeking greater understanding of the ever-evolving and frequently contentious laws and regulations governing U.S. and international fisheries, maritime shipping and transport, offshore oil and mineral resources, climate change mitigation strategies, coastal protection, marine pollution, and port and harbor operations. Clear and incisive editorial commentary on every case from recognized experts in the field of marine law Coverage for two centuries of changes to maritime and coastal law in the U.S., from the 1800s to 2020 Extensive discussion and explanation of legal doctrines, concepts, and principles that provide the foundation for U.S. maritime law "Learning Objectives" for each chapter to aid understanding of each case

This book uniquely employs risk and vulnerability approaches to advocate international policy options for enhancing maritime security cooperation in the Indian Ocean region. Understanding shared risks and common vulnerabilities that impact the achievement of mutual objectives in the oceanic domain present practical bases for progressing collective action. The Indian Ocean sea lanes are the world's most important thoroughfares for energy resources (oil, gas and coal) and other cargoes. Secure maritime trade routes are vital to global, regional and national economies. Further, security challenges resulting from marine environmental degradation impacted by climate change are rising. Regional and extra-regional actors need to work more closely together to impose law and order at sea, control regional conflicts, respond to humanitarian crises and natural disasters, and conserve the marine environment. This book provides an invaluable resource for political leaders, policy advisers, academic researchers, military professionals, and students of international security and strategic studies.

The impact of United States jurisprudence on air carrier liability involving international air transportation has been so great over many decades that it is not unreasonable to conceive of that body of jurisprudence as the principal source for the interpretation and application of the uniform rules relating to air carrier liability in the international transportation by air of passengers, baggage and cargo, as envisioned by the original drafters of the Warsaw Convention of 1929. Hence, an in-depth analysis of this body of jurisprudence, such as is presented in this indispensable book, constitutes, for all practical purposes, the preeminent treatise on international air transportation liability - all the more so, in that the drafters of the 1999 Montreal Convention (MC99) were determined not to erode in any way this established body of Warsaw Convention jurisprudence when interpreting and applying the 1999 successor instrument, MC99. George Tompkins, a leading authority with world wide recognition on the interpretation and application of international private air law agreements, - and himself among the drafters of MC99 - here lays out the rich fruit of his vast personal experience in handling cases and controversies in the Courts of the United States involving the application of the liability rules of the Warsaw Convention and now MC99. The resulting publication is an essential legal guide for determining and resolving claims governed by one or more of the international law instruments that comprise the Warsaw Liability System, which consists of the 1929 Warsaw Convention, the 1955 Hague Protocol, the 1961 Guadalajara Convention, the 1975 Montreal Protocol No. 4 and various intercarrier agreements (applicable only to claims involving passenger death or bodily injury governed by the Warsaw Convention) all now superseded and governed by MC99. Among the multitude of topics covered in depth, users of this book will find the following: ‒ When the liability rules of MC99 or one of the predecessor Warsaw Liability System instruments is applicable to a claim; ‒ What triggers liability under the applicable instrument; ‒ Who can make a claim against the air carrier; ‒ Who can file a legal action for damages; ‒ Where the action must be brought--Jurisdiction; ‒ When the action must be brought-Limitations period; ‒ What law applies in determining the recoverable damages; ‒ Limitations on recoverable damages; ‒ The accepted definitions of key terms in the Convention Rules, such as carrierA", accidentA", bodily injuryA", operations of embarking disembarkingA", destinationA"; ‒ The treatment of mental injury claims; ‒ Liability for delay; ‒ Defenses available to the carrier; ‒ Willful misconduct of the carrier. The author explains the required particulars for establishing the liability of the air carrier in detail under a wide variety of circumstances, and clearly defines all terms - especially such contentious terms as 'willful misconduct,' 'accident', 'bodily injury', 'embarking', 'disembarking' 'destination' - as their applicability varies under successive conventions and protocols as interpreted and applied in years of court decisions. As a thorough summary and critique of the interpretation and application of the 70-year body of Warsaw Convention jurisprudence, this unmatched publication provides a convenient one-volume basis for the development of a body of MC99 jurisprudence. It also is an incomparable practical guide for the use and benefit of everyone involved in the practice or study of international private air law, including lawyers, airline in-house counsel, international aviation organizations, aviation liability insurers and re-insurers, aviation insurance brokers, aviation-related departments of national governments, judges, law clerks, students and teachers.

This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.

Due to the fact that no attempt to create uniform law for multimodal carriage has as yet met with success, transport law has no adequate means to create certainty as to the legal consequences of any loss, damage or delay of cargo resulting from multimodal carriage contracts. A fragmented, complex and inconsistent liability patchwork - which involves regional, subregional and national laws usually focused on unimodal transport, supplemented by contractual standard rules created by the industry - serves as an international liability framework. The consequence of this state of affairs is that the applicable liability rules vary greatly from case to case and give rise to uncertainty concerning the extent of a multimodal carrier's liability in a given situation. Indeed, according to a 2003 UNCTAD survey, most parties involved in the transport industry do not consider the existing legal framework for multimodal transportation to be satisfactory or even cost-effective. Now, progressing through an in-depth analysis of the exact nature of the international multimodal carriage contract, this important study assesses how the most advantageous law applicable to a multimodal contract may be uncovered. Using the ideas, legislation and case law on multimodal carriage in the legal systems of Germany, The Netherlands and England to anchor her presentation, the author offers a thorough investigation of the existing framework of carriage law, the applicable rules of private international law, and the options provided by choice of law based on contractual conditions. In the course of the analysis all essential issues are scrutinized, including the following: ‒ whether the modes of transport to be used may be left open by the contract; ‒ time bars on protest and litigation and when they commence; ‒ carriage documentation; ‒ liability of the carrier for subcontractors; ‒ planning for 'friction costs'; ‒ rules on jurisdiction and the resulting forum shopping practice; ‒ instances where conventions overlap, or when no existing carriage regime applies; ‒ damage or loss that occurs at the point where one unimodal regime ends and another begins; ‒ damage or loss brought about by multiple causes; and ‒ rights and obligations attached to delivery. No comparable treatise exists on which rules may govern international multimodal contracts for the carriage of goods and under what conditions they will do so, and this book is thus an indispensable asset to the work of any practitioner or official connected with international transport. In addition, the author presents a detailed review of the various drafts and propositions that have been on offer in recent years, and submits a well-thought-out proposal for a set of multimodal transport rules to alleviate the difficulties that currently plague this area of carriage law.

This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).

Near-earth space, with extends to geosynchronous orbits where satellites remain faithfully over a fixed spot on the ground, does not lend itself to romantic fantasies of science fiction. It is a working place from which services can be delivered with ease and efficiency. Meteorology, seismic and crop-yield predictions, environmental monitoring, communications of all sorts, guidance and navigation, medical and educational services, treaty verification and photographic reconnaissance, news-gathering, scientific observation across the entire electromagnetic spectrum, prospecting, remote sensing, and monitoring of human activities are all in a day's work for near-earth space. Global cellular telephony, only a few years ago the exclusive privilege of comic-book heroes, is becoming a space-based commonplace. Planes that land in fog and cars that find their way in the labyrinthine steels of Tokyo guided from space are beyond a near horizon. Space is delivering its promise. This volume describes many of these activities and their prospects for changing the way we live, communicate, and travel on this Earth.

Heightened tensions in the South China Sea have raised serious concerns about the dangers of conflict in this region as a result of unresolved, complex territorial disputes. This volume offers detailed insights into a range of country-perspectives, addressing the historical, legal, structural, regional and multilateral dimensions of these disputes

This book examines the international and domestic American legal problems associated with activity in outer space from a strong policy perspective, with particular attention given to problems associated with space commercialization and with military activities in outer space. Outer Space: Problems of Law and Policy is indispensable as a casebook, reference, and self-teaching tool for students, practitioners, academics, and members of the aerospace industry.

This book analyzes the legal issues connected with the provision of Uber-related services. It primarily focuses on the various contractual and non-contractual relationships that occur during the use of Uber applications, especially with reference to Uber headquarters (Uber App), Uber branch offices (advertisements), Uber partner drivers (employees or self-employed), Uber application registered users, Uber transportation service users (contracting passenger) and third-party Uber transportation service users (additional passenger). It also provides a comparison of standard transportation services and contracts of carriage, irrespective of whether the carrier in question is a common carrier, contractual carrier, actual carrier or an intermediary service provider. Furthermore, the book presents the relevant case law, especially with regard to Uber as a taxi service, Uber as a share-riding service, Uber as a rent-a-car with driver service, Uber as an employer and Uber as a key organizer of transportation service, in Croatia, Belgium, Germany, Italy, the Netherlands, United Kingdom, United States, Hungary, Argentina, and France. Lastly, it explores the different legislative approaches to resolving various issues related to the appearance of Uber and similar companies - the Laissez-faire model, Status Quo model, Legal Adjustment model, and the New Legislative Paradigm model.

This book presents, in a comprehensive way, current unmanned aviation regulation, airworthiness certification, special aircraft categories, pilot certification, federal aviation requirements, operation rules, airspace classes and regulation development models. It discusses unmanned aircraft systems levels of safety derived mathematically based on the corresponding levels for manned aviation. It provides an overview of the history and current status of UAS airworthiness and operational regulation worldwide. Existing regulations have been developed considering the need for a complete regulatory framework for UAS. It focuses on UAS safety assessment and functional requirements, achieved in terms of defining an "Equivalent Level of Safety," or ELOS, with that of manned aviation, specifying what the ELOS requirement entails for UAS regulations. To accomplish this, the safety performance of manned aviation is first evaluated, followed by a novel model to derive reliability requirements for achieving target levels of safety (TLS) for ground impact and mid-air collision accidents.It discusses elements of a viable roadmap leading to UAS integration in to the NAS. For this second edition of the book almost all chapters include major updates and corrections. There is also a new appendix chapter.

The aim of this book is to provide the reader with overviews of certain international law issues which recently have been and continue to be central on the international scene in the coming years. These issues are subdivided in four parts: Part I, The Rise of International Criminal Law and the Creation of the International Criminal Court; Part II, Human Rights and International Humanitarian Law in the Face of Terrorism; Part III, Aspects of International Law of the Sea; and Part IV, Water in International Law. Within this broad context, the book furthermore provides insights into aspects which are of particular interest, e.g. piracy in connection with 'International law of the Sea' or targeted killings in connection with 'HR and IHL in the face of Terrorism.' Examples of real-life problems are also laid out, e.g. those of the Nile and the Tigris/Euphrates Rivers in relation to 'Water in International Law.' The book will be of interest to professionals, diplomats, international lawyers and legal advisers. Law students will also benefit from it, particularly because the text is combined with extensive references for further study.

This edited book brings together a diverse range of chapters on space related topics. The authors included in this book are drawn from Australia and overseas, from academia, government, industry, civil society and the military. This book contains chapters that cover topics such as law, science, archaeology, defence, policy, and more, all with a focus on space. This edited collection is a timely international and interdisciplinary book, which addresses some of the contemporary issues facing activities in space and those attempting to understand, use and regulate the space domain. This edited book seeks to normalise the role of women as experts in the space sector, by not calling attention to the fact that all the authors are women - they are all experts in their respective fields who just happen to be women. Bringing together these contributions in this book in turn promotes the inclusion of diversity in the space sector. This edited collection is an opportunity to influence the development of the space industry - in terms of gender diversity, and diversity of disciplines and thinking - while it is in its formative stage, rather than trying to redress imbalances once they are entrenched in the industry.

First published in 1998 as volume 8 in the NASA "Monograph in Aerospace History" series. This study contains photographs and illustrations.

Export controls definitively impact international cooperation in outer space. Civil and commercial space actors that engage in international endeavors must comply with space technology export controls. In the general discourse, members of the civil and commercial space community have an understanding of their domestic export control regime. However, a careful reading of the literature on space technology export controls reveals that certain questions relevant to international engagements have not been identified or answered.
What is the legal-political origin of space technology export controls? How do they relate to the current international legal structure? What steps can be taken to evolve our current unilateral paradigm of space technology within the context of peaceful exploration and use of outer space? In this book, these and other relevant questions on space technology export controls are identified and assessed through an insightful case-study of the U.S. commercial communication export control regime. The findings of this case-study are used in an international legal-political analysis of international space law, public international law, and international cooperation. Breaking new ground in international legal theory, a self-justified security dilemma that is manifest in international law is identified and explained as the origin for the current paradigm of space technology export controls. "

Telecommunications Regulation examines the background to regulation and the work of the regulator. It discusses typical regulatory rules and the legal and administrative framework for regulation, and looks at regulatory strategies, market structures and approaches to price control. The book includes a number of case studies which show how regulators engage with such topical issues as interconnection and loop unbundling, and also features technical coverage of both numbering and number portability. Finally, it looks at new products and services such as virtual network operators, intelligent networks, radio spectrum and next generation networks, and considers the impact these might have on the future of regulation. A comprehensive, in-depth guide to the subject, this book will be a valuable resource for engineers and managers in the industry, as well as lawyers and economists needing an insight into current telecommunications regulation.

This book addresses the legal and contractual obligations of sea carriers regarding due care for the cargo under a contract of carriage. While the general framework employed is the leading international liability regime, the Hague-Visby Rules, the discussions in each chapter also account for the possible future adoption of a new regime, the Rotterdam Rules. The subject matter concerns the standard for the duty of care for goods as codified in the Hague-Visby Rules, but the work also touches upon a wide range of related topics found both in law and in practice, providing valuable commercial, technical and historical links as well as various solutions that have been found at the national and international level to address challenges arising in this specialised area of law. The book is divided into six chapters, which gradually reveal the complexity of the topic. Chapter 1 provides a thorough introduction to the two main transport documents in use, and to the basic logic behind shipping, sea-going trade and related national and international legislation. In turn, Chapter 2 presents an overview of the relevant provisions of the Hague-Visby Rules. Chapters 3, 4 and 5 examine the problems arising out of the insertion of a FIOS(T) clause in the contract of carriage; the carriage of goods on deck; and the carriage of goods in containers, respectively. Lastly, Chapter 6 provides an overall conclusion on the legal status quo and current practice, as well as future prospects. The book was written with a number of potential readers in mind and is intended to open up the topic to a broader audience. It is suitable both for readers who wish to advance their learning (e.g. professionals, practitioners and postgraduates) and for readers with little or no prior knowledge of the topic (e.g. students and researchers).