This volume presents an analysis of the historical background, current status, and future development of space law by noted legal scholars. It focuses on a distinct and growing field of international law that incorporates both public and private law. Specific areas covered are scientific and technical aspects of space and space law; the United Nations and other institutional arrangements; national regulatory aspects; satellite applications; commercialization; dispute settlement; and case law.

Since the establishment of a special law-making body at the United Nations in 1958, there has been a steady expansion of laws and regulations pertaining to space activities. The result has been the development of a distinct and mature discipline of international law. This analysis of space law by recognized experts in the field will interest scholars, practitioners, and policy-makers involved in the regulation of space use and exploration.

The only student textbook covering this frequently-taught subject Fully updated new edition includes updates in case law and the ongoing impact of the Insurance Act 2015 and a revised chapter on smart contracts to include discussion of Blockchain First two editions extremely well received and adopted by the market

This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development of air and space law; their interrelationships; their relationships with the law of the seas and the law of Antarctica; institutions working in the field of air and space law; sovereignty in national airspace; freedom of exploration and use of outer space; public international air law; penal air law; private international air law, especially liability law; and public and private space law. Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effects of competition, antitrust and European Union law; deregulation, privatisation and commercialisation of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space applications. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatised and commercialised.

Maritime Piracy and its Control develops an economic approach to the problem of modern-day maritime piracy with the goal of assessing the effectiveness of remedies aimed at reducing the incidence of piracy.

Maritime law has an international character. The practicing lawyer will be confronted with international conventions and other international instruments containing uniform law. It is broadly acknowledged that such instruments should be construed and applied uniformly. Therefore, knowledge of foreign judgments is imperative.This book contains an extensive comparative law study of English, American and Dutch law concerning the construction of the Hague Visby Rules. Australian and Canadian law has been discussed where relevant. The authors have attempted to present law at an academic level in a way which will be useful to the practicing lawyer. Lawyers dealing with shipments passing through the major European ports of The Netherlands will especially appreciate the book's emphasis on Dutch law, which has a broader scope of application than one might expect. Dutch law is often mandatorily applicable when cargo is discharged at a port in The Netherlands, and Dutch courts are obliged to apply Dutch law to questions of who can claim or sue and who can be sued under a bill of lading. Dutch law also applies to ship arrest and the release of vessels against security, the right to conduct a survey (including the question of which documents should be disclosed), and the enforced sale of vessels in the Netherlands. Other matters discussed in this book are global limitation of liability, the applicability of the Hague Visby Rules in the Netherlands and electronic bills of lading.This book will be of interest to practitioners working in this very specialised field, as well as to students of comparative law. It will be of particularly practical value to anyone dealing with cargo damage, ship arrest or litigation in the Netherlands.

The first single-volume reference of its kind, this comprehensive handbook provides background information and analysis on the full range of contemporary ocean use issues. Coverage includes the development of ocean law, the evolving uses of oceans, data on living and non-living ocean resources, the environmental impact of pollution, and competing national claims over ocean exploration. The volume also summarizes the most current research available on the uses of oceans, incorporates the salient portions of the 1982 Law of the Sea Convention in the topical surveys and analyses presented, and discusses all of the other major international conventions that have dealt with global ocean or marine affairs. Students, researchers, and agency staff concerned with the political and legal dimensions of ocean use will find this an indispensable source.

The handbook begins with an overview of the world's oceans and their physical and geographic features. The next two chapters survey the international conferences that have been held on ocean use and explore the historical development of international principles on the law of the sea. Ocean resources and their economic and political management form the focus of the following four chapters, with separate chapters on living and non-living resources and deep seabed mining. The final chapters address ocean environmental protection and pollution prevention and the implications of various uses of the ocean: military, navigation and transport, and marine scientific research. The text is accompanied by numerous charts and tables, end-of-chapter references, and seven appendixes which contain valuable supplemental information such as a chronological list of conventions and treaties on the law of the sea, national legislation on exclusive economic zones, bilateral fishery agreements, and more.

This book questions the use of salvage law as legal regulatory framework for the remuneration of environmental services in salvage operations, proposing that such services should be based on direct contracting between commercial salvors and coastal States. Adopting an environment-first approach, it argues that direct contracting better serves and promotes environmental protection outcomes. It also takes a functional view of the law as a tool to promote values and sought outcomes. Salvage operations are recognised as a first line of defence against pollution following shipping incidents. Although regulated under the law of salvage, these operations form an integral component of a framework of environmental protection measures regulated under different legal instruments or laws. The law of salvage fails to effectively integrate salvage operations in broader pollution response mechanisms because it does not aligns comfortably with this framework of laws. Despite the emphasis on environmental protection in the 1989 London Salvage Convention, the Convention maintains the traditional notion of salvage operations as a service to property, while environmental outcomes and the remuneration of environmental services are positioned as a secondary outcome of the law of salvage. This book argues that directly contracting for environmental services bolsters the primacy of environmental protection and the functional use of law to further environmental protection and policy formulation. Direct contracting between coastal States and Salvors for environmental services complements existing practices and pollution response mechanisms and provides a sound legal basis for the effective realisation of salvage operations as a first line of defence against pollution following shipping incidents without fundamentally altering the established commercial identity of the traditional law of salvage. This book will be key reading for students, academics and practitioners working at the intersection of shipping and environmental law.

This book presents dispute settlement decisions of the World Trade Organization by using extensive annotations, in-depth analysis, and comprehensive summaries of case histories. The extensive index in each volume enables access to particular titles. Legal precedents and conclusions are detailed in the large annotations and conclusion sections.

The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book's central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overlapping maritime claims caused by the newly established maritime regimes authorized by UNCLOS are all contributing factors to the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at participation in the UNCLOS negotiations, maritime legislation, and the dispute settlement practice of relevant States party to the SCS dispute. The author goes on to explore the relationship between UNCLOS and the regimes and institutions in the SCS, particularly in regard to issues of maritime security, marine environment protection, joint development of oil and gas and general political interaction. The author proposes practical mechanisms to resolve the dispute whilst also offering a final judgement on the effectiveness of UNCLOS for settling disputes. UNCLOS and Ocean Dispute Settlement will be of particular interest to academics, students and policy makers of international, shipping and maritime law as well as being of interest to academics and students in the field of international relations.

This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda's sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.

This book critically investigates the conditions of seafarers' rights in China in legislation and in practice, focusing in particular on the restructuring process following the 2006 Maritime Labour Convention. Accordingly, it poses key research questions to major Chinese stakeholders to gauge their responses to the Convention, to determine whether the protection of Chinese seafarers has actually improved since the advent of the Convention, and further, to identify the continuing challenges for future improvement. The Convention will enter into force in China in November 2016, bringing with it significant changes.

The United Nations currently has five effective international space treaties, namely the Outer Space Treaty of 1967, Space Rescue Agreement of 1968, Space Liability Convention of 1972, Space Registration Convention of 1975, and Moon Agreement of 1979. However, with recent competition and movements to mine and exploit natural resources from such entities as the moon, asteroids, etc., these outdated treaties no longer address current advancements. It is imperative that new research is undertaken to urge and progress new space laws and policies that strengthen international cooperation and joint undertakings into the exploitation of natural resources from outer space. Global Issues Surrounding Outer Space Law and Policy grants a general understanding for the current issues and methods of solution in the field of outer space law and policy in the global society. It suggests a revision of the five international space treaties and presents a new International Space Agency (ISA) that would use international cooperation and an International Court of Air and Space Law to promote the speed of work and fairness in trials of air and space law cases. Additionally, solutions for the cooperation of the global community towards joint undertakings and exploitation of natural resources in celestial bodies is explored. This book is ideal for lawyers, professors, government officials, space agencies, academicians, researchers, students, and anyone looking to understand the complicated problems and methods of solution in international space law and policy.

This trilingual volume (Dutch, English and French) contains the provisions of the Netherlands Civil Code dealing with transport law (Book 8 of the Code). Included are those parts which were in force during the summer of 1995: general provisions, maritime law, inland waterway law, road transport law, the law pertaining to the carriage of dangerous substances, and final provisions. Future editions of this volume will be supplemented with other modes of transportation, as they are added to the Code. The translations from the original Dutch into English and French have been prepared under the auspices of the Netherlands Ministry of Justice.

The 2005 Special Issue of the Comparative Law Yearbook of International Business addresses issues relating to security in immovables. Each Chapter contains an overview of the security in immovables laws of a particular country. The laws vary widely among the countries; the word immovable (or real property in Common Law jurisdictions) even has different definitions in different countries. Crossborder transactions involving immovables are integral to international business dealings. This publication provides a general overview of the methods by which immovables are secured in various countries, and each chapter contains details such as the priority granted creditors and openness of the land registers. Each chapter contains a country-specific explanation of the method by which one obtains a mortgage, lien, or similar security, and an exploration of the possible problems that might arise during Such a process. In addition, special attention is given to the obstacles facing non-nationals interested in buying immovables. The book evidences the varied attitudes at governments towards the purchase of immovables by non-nationals. In some countries, such as The Philippines, non-nationals are prohibited from buying land. Other countries, such as the Slovak Republic, allow foreign acquisition of nearly any immovable, only forbidding purchase of items that no private citizen can own, such as the country's rivers. This publication reflects recent developments in security in immovables, especially in Eastern Europe. The chapter on immovables in Ukraine is based on the country's new property laws, passed in 2004. The chapters on the Czech Republic, the Slovak Republic and Hungary all reflect thechanges brought by accession to the European Union, The acquisition of property in a foreign country is an integral facet of international business and practitioners will find this publication's in-depth instructions for the purchase of security in immovables useful as it pertains to individual countries. In addition to showing practitioners how transactions work for individual countries, readers will be able to compare diverse legal regimes to find the one most favorable for their particular business transactions.

Common Heritage or Common Burden? contains a comprehensive and authoritative assessment of the US role in the negotiations on the UN Convention on the Law of the Sea and particularly in the negotiations on one of the remaining commons, the ocean floor beyond national jurisdiction. The author first examines the US view of the lawfulness of deep seabed mining under international law. He reviews the bureaucratic struggles, within the US Administration and the Congress, concerning the options to be pursued at the Conference; analyses the US position in the seabed negotiations from 1974 to 1980; and casts a fresh look both on the Reagan Administration's `policy review' of 1981-1982 which threatened the Conference's outcome, and current US oceans policy which remains an impediment to the Convention's early entry into force. The study suggests that despite significant compromises negotiated between the US and developing countries at the Conference up to 1980, the emerging seabed regime was not as widely endorsed by US officials as is generally assumed. Drawing on material collected from interviews with many key negotiators, the study contributes to a better understanding of domestic and international decision-making procedures and the dynamics of international negotiations.

Climate change is modifying, in varying measure, the coastal geography of States. The phenomenon is not temporary but is expected to carry on during the 21st century and beyond. A distinctive feature of modern international law is the concept of maritime zones. Each maritime area is subject to an intricate scheme of States’ rights and obligations. Coastal geography is a fundamental component of a long-standing method, developed and agreed upon between States, to establish the outward limits of these areas. A feature of this method is the baseline. In international law it is the only reference line from where the outward limits of maritime zones are measured. There are clear rules on how this is established along a coast. There is a concern amongst a number of States that rising sea water levels as a result of climate change may compel them to shift their baselines inward thus affecting the outward limits of their maritime zones. It is clear that the stability of maritime boundaries is put into question and this may bring about serious political, legal and economic repercussions. This concern may also affect the outcome of dispute settlement procedures before a competent international court or tribunal the purpose of which is to resolve overlapping maritime claims. Key questions emerge. What is the role played by coastal geography in the legal regime determining the outward limits of maritime zones? What are the consequences of changes to coastal geography? To what extent are dispute settlement procedures before a Court or Tribunal immune from this concern? Is international law able to address this? If so, in what way and what are its limits? What can be done to resolve this?

This bibliography is a convenient one-volume research guide that covers the most important scholarly literature to date on ocean policies, law, and public policy. Prepared alongside the Handbook on Ocean Politics and Law (1992) published by Greenwood Press, this bibliography gives a succinct summary of the basic sources of information on the subject and then arranges 2081 entries into twelve chapters on the following subjects: the physical features of the world's oceans, international conferences on the uses of the oceans, development of international principles, living resources, non-living resources, deep seabed mining, marine pollution and environmental protection, regional arrangements for environmental protection, military uses of the oceans, navigation and shipping, scientific research and technology transfer, and the major players at UNCLOS III and their positions on key issues. Entries selected for annotation include the most significant studies of ocean law and politics, the most timely material, works that represent different authors and viewpoints broadly, and discussions with different perspectives from a historical standpoint. The bibliography covers the major works on the subject for college, university, institutional, and public libraries, and is easily accessible with author and subject indexes for use by students, experts, and the general public.

"One of the Most Valuable Contributions to the History of International Law Yet Made" J.P. Bullington, Yale Law Review This history is divided into three sections. The first, The Age of the Prince, gives the history of fundamental doctrines of international law regulating the intercourse between states on land and sea in peace and war. The second, The Age of the Judge, is chiefly devoted to commercial relations, the development of neutrality and maritime law. The third, The Age of the Concert, addresses the conference method of adjusting international problems, tracing its development and accomplishments from its introduction at the Congress of Vienna through the recently established League of Nations. Much useful information on the social and economic forces that shaped the development of international law is provided. Originally published in 1928, it addresses several issues introduced or modified during the First World War, such as aerial warfare, the right to search neutral shipping and the protection of minorities, and an early assessment of the League of Nations. Sir Geoffrey Butler 1887-1929] was a Fellow of Corpus Christi College, Cambridge, a Member of Parliament for the University of Cambridge and an expert on the procedures of the League of Nations. His books include The Tory Tradition: Bolinbroke, Disrali, Salisbury (1914), A Handbook to the League of Nations (1919, final rev. ed. 1928) and Studies in Statecraft (1920). Simon Maccoby, one of Butler's former students, was a notable historian of English politics and society. A prolific scholar and editor, his most important study is the six-volume English Radicalism (1935-1961). The most striking feature of this work is the method of treatment--quite the most effective which has yet been employed in dealing with the subject. (...) The author rarely, ventures a conclusion or an opinion, but when he does it usually reveals a strong sense of reality, and a thorough knowledge of the meaning of history. The compactness of the work reveals the immense amount of labor which must have been expended in its preparation. (...) Based on a wide knowledge of history, filtered through an objective and realistic brain, this book must take its place as one of the most valuable contributions to the history of international law yet made. J.P. Bullington, Yale Law Review 38 (1828-1929) 843, 845

The governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development and uncertain eco-sustainability. Therefore, the prolonged legal stalemate cannot be treated simply as an academic question for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global common, thus it is essential that the ability of the norm-creation mechanism of UN COPUOS is equipped to address the ongoing changes and provide for adequate global governance. This book conducts an evaluation of the current legal state and sheds light on potential future prospects, offering an overview of the political context within which it developed, providing an assessment of the selected successful examples in international law, analysing lessons learned and makes recommendations for how the UN COPUOS legal apparatus should be modified in order to ensure that future space activities are possible beyond anarchy, greed, ecological irresponsibility, and to ensure that the principle of the peaceful uses of outer space remains the governing norm.

Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security. Featuring contributions from both expert academics and practitioners in the field, the book explores new maritime security threats posed by non-state actors, such as piracy and illegal fishing. It analyses how states have had to reconsider their understanding of maritime security and rethink the use and protection of their maritime domain in the face of modern challenges, including the robotics revolution, the rise of unmanned systems and the blue economy agenda. Providing a comprehensive analysis of the interplay between LOSC and maritime security, this is key reading for scholars of maritime law, international relations and security studies. Practitioners working in the shipping industry or fishing sector, as well as maritime law enforcement officials will benefit from the practical advice offered. 'There is increasing agreement maritime security is important, but there is still disagreement about what that implies or even what the term means. This book is a timely intervention in the debate by leading thinkers in the field. Maritime security scholars and practitioners will find it an indispensable reference.' - Douglas Guilfoyle, University of New South Wales Canberra, Australia Contributors include: R. Barnes, C. Bueger, K. Chadwick, T. Edmunds, S. Kopela, A. Murdoch, A. Petrig, V. Roeben, M. Rosello, K. Zou

Flight is inherently a risky venture, carried out in a hostile environment at great speed. Realistically and regrettably, a commitment to aviation safety can achieve no more than 'as few accidents as possible'. Moreover, the tragic events of 11 September 2001 have conclusively demonstrated that aviation safety goes beyond accident prevention from a technical point of view and extends to more profound political, strategic and legal dimensions. Accordingly, aviation safety requires a multidisciplinary approach: technical, economic, managerial, and legal. This ground-breaking study analyzes, from a legal point of view, the mandate of the International Civil Aviation Organization (ICAO) relating to aviation safety in the light of changes which have taken place since the conclusion of the Chicago Convention, including the expansion of the international civil aviation community, the liberalization of the aviation industry, the introduction of new technology, and existing as well as new and emerging terrorist threats. The author clearly demonstrates that ICAO, as the worldwide governmental organization for international civil aviation, should be allowed a more proactive role in enhancing aviation safety. Describing in great detail the contributions of ICAO to the global safety regime and mechanisms, he submits effective ways to rationalize ICAO's quasi-legislative and enforcement functions in order to enhance aviation safety through the rule of law. Among the important topics arising in the course of the analysis are the following: - global ramifications of national and regional initiatives; - auditing of state compliance with international standards; - characterization of crimes against the safety of civil aviation; - importance of ensuring that safety requirements are not compromised by profit considerations; - burgeoning of airline alliances, code-sharing and outsourcing activities; - demands for simplification and unification of certain regulatory procedures; - prohibition of the use of weapons against civil aircraft in flight; and - development of new technology, such as satellite-based navigation systems; - importance of the rule of law and the system of checks and balances in international organizations. As a plea to consider civil aviation safety obligations not only as merely contractual obligations between States but as obligations owed to the international community as a whole, this book is sure to give rise to far-reaching discussions and follow-up among policymakers and the interested legal community in the years to come.

The Command Companion of Seamanship Techniques is the latest work from the well-respected marine author, D J House. It contains all the information needed for command posts at sea.
- All aspects of shipboard management are discussed, with special emphasis placed on health and safety.
- Guidelines on how to respond to accidents and emergencies at sea
- Contains the most recent SOLAS revisions and a discussion of marine law to keep you up to date with the latest rules and regulations.
In order to aid learning, the book includes a number of worked examples in the text along with questions and answers at the end of chapters.

The author tells you how to respond to accidents and emergencies at sea, in the event, for example of cargo contamination, collision, loss of stability due to cargo shift and damage due to flooding, fire plus loss of life/crew. In addition, the SOLAS revisions and a discussion of marine law is included to keep you up to date with all the latest rules and regulations.
In order to aid learning, this book will include a number of worked examples in the text along with questions and answers at the end of chapters.
D J House is senior lecturer in Nautical studies at the Nautical college, Fleetwood. His sea-going experience includes general cargo, reefer, bulk cargo, passenger and liner trades, underwater operations, and roll-on/roll-off ferries. He is a well-known marine author and has written Seamanship Techniques Volumes 1 and 2 (combined) and he has revised Cargo Work in the Kemp & Young series.
All aspects of shipboard management are discussed, with special emphasis placed on health and safety.
Guidelines on how to respond to accidents andemergencies at sea
Contains the most recent SOLAS revisions and a discussion of marine law to keep you up to date with the latest rules and regulations.