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.

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.

This book discusses the problem of sea carriers' liability, with a particular focus on role of the technologies that have been employed to support maritime transport in recent decades. It examines the Hague Rules, providing an overview of the precedent standard of liability, its historical development up until its application, and its construction at the current time. To do so, it presents two exemplary studies from English and American case law, and analyzes the situations in which the courts have required the application of new technologies as part of the duties set in the current governing liability regime. Written in an easy-to-follow style, the book offers not only an unique overview of the applications of technologies in making ships both seaworthy and cargo-worthy, but also a practice-oriented guide to understanding and making decisions about sea carriers' liability. It is intended for law practitioners as well as advanced graduate students and researchers in the field of maritime shipping, transport and insurance law

In excess of loss reinsurance, the reinsurer covers the amount of a loss exceeding the policy's deductible but not piercing its cover limit. Accordingly, a policy's quantitative scope of cover is significantly affected by the parties' agreement of a deductible and a cover limit. Yet, the examination of whether a loss has exceeded deductible or cover limit necessitates an educated understanding of what constitutes one loss. In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting one loss to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts. This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims. Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).

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

The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.

The Cold War, the Space Race, and the Law of Outer Space: Space for Peace tells the story of one of the United Nations' most enduring and least known achievements: the adoption of five multilateral treaties that compose the international law of outer space. The story begins in 1957 during the International Geophysical Year, the largest ever cooperative scientific endeavor that resulted in the launch of Sputnik. Although satellites were first launched under the auspices of peaceful scientific cooperation, the potentially world-ending implications of satellites and the rockets that carried them was obvious to all. By the 1960s, the world faced the prospect of nuclear testing in outer space, the placement of weapons of mass destruction in orbit, and the militarization of the moon. This book tells the story of how the United Nations tried to seize the promise of peace through scientific cooperation and to ward off the potential for war in the Space Age through the adoption of the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention, the Registration Convention, and the Moon Agreement. Interdisciplinary in approach, the book will be of interest to scholars in law, history and other fields who are interested in the Cold War, the Space Race, and outer space law.

Europe and also the rest of the world has experienced a boom in mobility over the last thirty years. In light of the protection of increasing number of consumers - passengers it is almost logical that during the past few decades, international and European transport law has developed almost to revolutionary extent, especially in the field of private aviation (air) law with the introduction of unlimited liability of carriers for death and injury of passengers and commendable sophisticated rights in case of denied boarding, cancellation of flights and long delays. This book will cast light through a critical prism on the most important characteristics of the international transport law, the EU legislation and jurisprudence regarding passenger rights during the carriage by air, sea, rail and road. One of the ideas which, however, needs further research is that the commendable legal solutions and experience of the EU can serve as an excellent framework for a new holistic international convention on passengers rights in all transport modes.

This work has two themes: how does an entrepreneur orbit a spacecraft legally; and once in orbit, what legal risks need to be managed? The book explains the practical hurdles entrepreneurs must leap: how to wage and win the administrative battle to capture scarce satellite orbits and frequencies; how to protect against launch and transponder failures and the illegal export of satellite technology; and how to meet competitive challenges satellite owners already operating may hurl at the entrepreneur. The book also discusses operating concerns: when will foreign State consent for satellite communications and broadcasts be required; how will remote sensing satellite data be protected; may satellites be used for newsgathering or for military purposes? "Launching and Operating Satellites" should interest the deal makers, deal breakers, agencies mediating their disputes, and lawyers, legislators, and judges who must act when mediation fails.

The law of outer space is rapidly evolving to adapt to changes in the economic drivers as well as advancements in technological capabilities. The contents of this book are a reflection of this changing environment as evidenced in the writings of the second and third generations of space lawyers. Theoretical aspects of space law are explored by chapters relating to fundamental concepts central to the corpus juris spatialis. Practical aspects of space law are probed by examinations into international and domestic regulation of commercial activities, with particular emphasis on African, Asian, and European perspectives. International policy considerations are scrutinized in relation to military uses of outer space. The scientific Search for Extraterrestrial Intelligence (SETI) is the subject of a concise history of the discipline vis-a-vis the role of the SETI Permanent Committee of the International Academy of Astronautics (IAA), and also of a study of the policy and other ramifications of social media in the event of the discovery of intelligent extraterrestrial beings. The book concludes with the republication of the seminal and highly influential Relations With Alien Intelligences The Scientific Basis of Metalaw by Dr. Ernst Fasan, first published in 1970. Scholar, author, and attorney Ernst Fasan was among the original space lawyers, a small, pioneering group of visionaries who recognized that the movement of man into space must be accomplished without the shackles of history and in an environment free from the threat of the use of space as an instrument of armed aggression. The influence of Dr. Fasan has extended beyond the international legal community to the broader scientific community, especially to the field of astrobiology, as he pursued groundbreaking investigations into what could be the ultimate in legal relationships - metalaw - the interaction of sentient beings from different planets. The contributors to this Liber Amicorum are among those who can trace their own work to the foundations of space law placed in part by Ernst Fasan.

The law that applies to maritime operations at sea is complex and comprises two distinct elements: treaty law (1982 United Nations Convention on the Law of the Sea), and the cases and incidents that occur at sea in both peacetime and during armed conflict which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from 'high end' war-fighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident; offering sophisticated analysis and insights into the case or incidents enduring importance, and their significance for the development of the law applicable to maritime operations; and offering a detailed account and evaluation of the most critical but rarely understood cases in maritime operations law, which encourages comparison between key cases, this book will be an essential reference for practitioners, scholars, teachers, and students of maritime operations law.

The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of 'perils of the sea' and 'inherent vice'. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses 'perils of the sea' and 'inherent vice' by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses 'inherent vice' and 'perils of the sea'. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. These measures are designed to protect the rights of the parties pending the final decision in a dispute. Since the establishment of the Permanent Court of International Justice in 1921 through its replacement by the International Court of Justice (ICJ) in 1945, the Court's power to indicate provisional measures has been controversial because it has been unclear whether such orders are binding. In 2001 the ICJ set that controversy at rest by deciding that it imposes binding obligations on the parties, and that non-compliance could give rise to an instance of state responsibility and a cause of action. This rule has also been incorporated into the UN Convention on the Law of the Sea, one of the most important law-making conventions adopted in the last 50 years. These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure. Rosenne concludes that its work with provisional measures of protection may be the most significant of the ICJ's activities for the settlement of international disputes and the maintenance of international peace and securit,: the prime objective of the United Nations of which the ICJ is a principal organ.

Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations' monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's "terracentrism" and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law-and international law in particular-capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.

The South China Sea Disputes: Historical, Geopolitical and Legal Studies covers various issues regarding the currently controversial theme of the South China Sea (SCS) disputes. It contains insights by scholars mostly from Republic of China (Taiwan), along with ones from Peoples' Republic of China (mainland China), the Philippines, Australia, and the United States (US).The book is divided into three sections, wherein the historical analysis section illustrates certain important but currently neglected treaties for SCS, e.g., the San Francisco Peace Treaty, the Taipei Treaty, and the Cairo Declaration. In particular, the Nationalist government's efforts to recover the Chinese sovereignty in the islands of SCS after the end of World War II are covered. Archival research found in the national archives of the Taiwan, the United Kingdom, the US, and Japan, revealing materials with potential for enhancing territorial and sovereignty claims is covered. In addition, the US State Department historical materials on the SCS disputes are also shown.The geopolitical analysis section in the book specifically addresses the state practice in SCS by Taiwan. It also reveals Taiwan's evolving attitudes from thoughtful planning to perfunctory policy thereof. The circumstances of US-China rivalry in the SCS are also discussed.The legal analysis section includes an explanation of the arbitral award of the SCS, wherein it argues that this arbitration is a non-justiciable dispute resolution. This book serves as a good reference for readers interested in South China Sea disputes.

International Aviation Labour Law explores the status quo of the international regulation of labour and employment within the air transport industry and provides a detailed analysis of the regulatory endeavours undertaken at the international, European and domestic level to harmonise aviation labour regulations and ensure adequate labour standards for aircrew members. Offering an original insight into the regulation of labour in the aviation sector and airline industry, it analyses regulatory endeavours undertaken at the international, European and domestic level, exploring the main challenges arising from non-uniform and fragmented regulation of labour standards in the air transport sector. In particular, it investigates whether aviation labour regulations are sufficiently harmonised at an international level to ensure adequate labour standards for aircrew members. Key concerns relating to aviation labour are dealt with from a regulatory and practical perspective, and the current normative gaps are examined in view of potential future regulatory trends and solutions via a thorough analysis of the applicable legislation, landmark court decisions and the use of practical examples, to provide an overview of the various nuances of the topic. The book identifies and explore the main implications and repercussions of regulatory asymmetry and highlights the critical role of labour for air transport and how discrepancies in labour regulation may affect the practice of flying and the essence of aviation safety. It emphasises a strong need for international regulatory coordination and is a key reference for a varied audience of students, academics, professionals and rule-makers involved in the air transport arena and for all those who have an interest in the regulation of labour and employment in aviation.

The book provides an introduction to shipping in all its aspects. It is a valuable source of information for students of traditional maritime law as well as for those who seek to understand maritime and shipping services on a global scale. The text includes information and analytical content on national and international practices in shipping, including the age-old dichotomy between freedom in international shipping and the persistent demands of states to control specific maritime areas, as well as the tension between, on the one hand, the desire on the part of sovereign states to regulate and protect their shipping interests and, on the other, the abiding concern and unquestioned right of the international community to regulate the global shipping industry effectively, in order to ensure maritime safety, protection of the environment and fair competition.

This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure. The study offers an in-depth comparative and empirical analysis of the way these instruments function in interaction with national procedures in England and Wales, France, Italy, and Romania. The analysis combines available statistics with European and national case law, together with practitioners' experience. This approach provides a comprehensive understanding of the difficulties encountered, and of the solutions chosen to overcome procedural intricacies and to secure parties' procedural rights. The findings create a solid basis for enhancing judicial cooperation and addressing the practical aspects related to the application of the procedures. In its conclusion, the book discusses the ongoing developments taking shape in this area, and reflects on the implications that the legal standards established by the European uniform procedures have for future developments. The book is of particular relevance for practitioners and courts applying the European Order for Payment and the European Small Claims Procedures; for European and national legislators, and policymakers working in this field; and for scholars interested in European civil procedure.

This book provides valuable insights into various contemporary issues in public and private maritime law, including interdisciplinary aspects. The public law topics addressed include public international law and law of the sea, while a variety of private law topics are explored, e.g. commercial maritime law, conflict of laws, and new developments in the application of advanced technologies to maritime law issues. In addition, the book highlights current and topical discussions at international maritime forums such as the International Maritime Organization on regulatory and private law matters within the domain of marine environmental law, the law respecting seafarers' affairs and maritime pedagogics, maritime security, comparative law in the maritime field, trade law, recent case law analysis, taxation law in the maritime context, maritime arbitration, carriage of passengers, port law, and limitation of liability.

Airworthiness: An Introduction to Aircraft Certification and Operations, Third Edition, once again proves to be a valuable, user-friendly reference guide for certification engineers engaged in professional training and practical work in regulatory agencies and aircraft engineering companies. The discussions reflect the recent changes in the EASA-FAA regulations and also include the concepts of flight safety and airworthiness; the ICAO and civil aviation authorities; airworthiness requirements; type certifications and the type-certification process; production of products, parts, and appliances; certifications of airworthiness; and rules for spaceworthiness. Since publication of the second edition, airworthiness regulation and certification around the world have gone through significant changes. For example, EASA structure has completely changed, FAA rules are no longer applicable, substantial changes have been made in the international airworthiness regulations and certification procedures, and unmanned aircraft have evolved technically and operationally. The changes in airworthiness regulations in the last five years have been striking, changing the way in which we look at airworthiness and certification processes around the world.

The objective of this book is to provide ICAO, States, competent authorities and aerodrome operators with a comprehensive overview of legal challenges related to international aerodrome planning. Answers to derived legal questions as well as recommendations thereafter shall help to enhance regulatory systems and to establish a safer aerodrome environment worldwide. Compliant aerodrome planning has an immense impact on the safety of passengers, personnel, aircraft - and of course the airport. Achieving a high safety standard is crucial, as many incidents and accidents in aviation happen at or in the vicinity of airports. Currently, more than 40% of the ICAO Member States do not fully comply with international legal requirements for aerodrome planning. Representatives of ICAO and States, as well as aerodrome and authority personnel, will understand why compliance with the different legal facets of aerodrome planning is challenging and learn how shortcomings can be solved.

This book focuses on the management of ship operations, an activity that requires integrative knowledge and technical expertise that spans various disciplines. As such, ship operations personnel are expected to be well-versed with aspects of management, economics, engineering, technology and law. Further, ship operations management requires the ability to identify and neutralize threats and to manage risks and make decisions that will optimize costs and contribute to performance improvements. Despite the fundamental nature of ship operations management, no book has ever attempted to reconcile and compile a comprehensive body of knowledge, while pursuing a coherent, structured and systematic approach. This edited volume addresses that fundamental gap in the extant literature, and brings together a wealth of knowledge from experts in their respective fields. Concretely, it explores issues of organization, technical management, crewing and behavioral issues, chartering and post fixture, risk management, finance, legal aspects of international conventions and regulations, attainment of safety, security and marine insurance, as well as ocean governance and sustainability. As such, the book offers a vital reference guide for maritime companies and organizations, while also serving as a teaching supplement in academic and professional maritime programmes.

In the only analysis of its kind, Dr. Maria-Vittoria "Giugi" Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator's liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state. Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.

The recent uncertainties over the South China Sea have become one major issue in the relations between China and Southeast Asian countries. The South China Sea issue, however, is countered by the deepening economic integration between China and Southeast Asia, which is likely to continue should China's proposal for a 21st Century Maritime Silk Road is agreed and implemented. Yet the success or not of this proposal depends also on the interactions in the political-security sphere between both sides.Southeast Asia and China: A Contest in Mutual Socialization brings together experts from different disciplines to illuminate on the complex political, economic and normative interactions between China and the Southeast Asian countries. This book analyses key issues including the national identity discourse of China as a Great Power, China's civil-military interactions in its strategy in the South China Sea dispute, the different kinds of political and strategic strategies used by Southeast Asian countries in countering China, the past patterns and present trajectories of economic ties between China and Southeast Asian countries, as well as the strategic implications of China's 21st Century Maritime Silk Road initiative.