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Books > Law > International law > Public international law > International law of transport & communications > International space & aerospace law
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.
Space is no longer the domain of national space agencies. Today, a significant majority of space activities are carried out by non-governmental entities, resulting in the accelerated evolution of space technologies and their applications. This operational shift from public to private does not mean, however, that governments are no longer relevant in this era of New Space. On the contrary: as the operational role of the state has diminished, its regulatory role has grown correspondingly. Acknowledging that the commercial landscape in space is an ever-changing one, this book explores how the Canadian government has adapted to the new commercial space landscape and whether it is prepared to fulfil its authorisation and supervision responsibilities as the regulator of Canada's space industry. The fundamental research question posed, therefore, is whether Canada's regulatory framework is appropriate given the increasing commercialisation of space. To best answer this question, the book provides a doctrinal analysis of Canada's historical space policy and current space laws, an empirical survey of the perspectives of those currently interacting with Canada's regulatory framework, and a comparative exploration of how other jurisdictions oversee commercial space activities. Motivated by legal, moral and economic considerations, the book recommends that Canada enact a comprehensive national space law and provides an annotated draft law for this purpose. By doing so, the book intends to spark a meaningful conversation on how Canada ought to fulfil its regulatory responsibilities, a topic previously unaddressed in public and academic discourse.
The principle of airline substantial ownership and effective control is one of the biggest impediments to the air transport industry growth. Legitimately included in the bilateral agreements since 1946 for national security reasons, States have maintained the principle over the years and used it as a protectionist tool, as well as a bargaining chip. Today, considering that liberalization and globalization concepts are already well-established in the biggest industrial sectors, and a large number of cross-border investments occurs in most of the service sectors through mergers and acquisitions, the time is ripe to remove national restrictions on foreign investments from the airline industry. This comprehensive book identifies those factors that still justify the imposition of national ownership restrictions on airlines and examines the prospects for change in the current policies and regulatory regimes that support them. The readership includes specialists in government departments of transportation, civil aviation authorities and agencies, international organizations, airline executives concerned with general management, economic, legal and public affairs, aviation lawyers, airline pilot associations, law schools concerned with international aviation law.
Aerospace law is seeing a gradual merger between the two previously isolated regimes of human conduct pertaining separately to air and to space law. The use of information technology is arguably the foremost compelling force responsible for the unity of the aviation and space activities of man. It is therefore inevitable that information technology, computer law and the laws pertaining to State and individual responsibility are inextricably intertwined in a net of legal issues which would emerge in this new millennium. Frontiers of Aerospace Law introduces such issues as challenges to be addressed, both as corollaries and concomitants to this fundamental and overriding trend in the merger between air and space law. The issues range in space from legal liabilities pertaining to extra-terrestrial intelligence; environmental pollution in outer space; conduct of persons in outer space; to cyber crimes affecting outer space activities; and in air law, issues such as aircraft noise; economic trends of airports and air navigation services; funding for aviation safety projects; and emergent aero-medical issues and privacy of airline pilots. Its recommendations are geared to look future reality directly in the face and find legal solutions. In the realm of public international law, remedial measures are almost non-existent in the field of aerospace law, except for a solid foundation given to the Council of the International Civil Aviation Organization to hear disputes between States on matters relating to civil aviation, a facility which has so far scarcely been used in the Organization's 55 year old history. Apart from a few provisions in the various space law conventions, there is no single coherent settlement mechanism at space law. The increasingly rapid proliferation of space activities in the coming years and their diversity leave no room for doubt that new laws will have to be put into place and new mechanisms to combat problems will have to be carefully thoug
There are broadly four strategic issues in aviation: safety; security; environmental protection; and sustainability in air transport. These issues will remain for a long time as key considerations in the safe, regular, efficient and economic development of air transport. Within these four broad categories come numerous subjects that require attention of the aviation industry as well as the States. In six chapters, this book engages in detailed discussions on these subjects as they unravelled in events of recent years. The issue of safety is addressed first, following an introduction of the regulatory regime covering the four issues. Within the area of safety, the book covers such areas as safety management systems, safety and aeromedicine, safety and meteorology, the use of airspace, unmanned aircraft systems and safety oversight audits. In the security area, subjects covered include cyber terrorism, the integrity of travel documents, full body scanners, civil unrest and aviation, the suppression of unlawful acts on board aircraft and the financing of terrorism. The chapter on the environment focuses mainly on climate change - particularly on carbon credits, market based measures, the carbon market and emissions trading schemes and their effect on air transport. Finally, the chapter on sustainability discusses in detail market access along with such issues as slot allocation, open skies, the use of alternative fuels as an economic measure and corporate foresight. The concluding chapter wraps up with a discussion on where air transport is headed.
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 proposes a framework for assessing countries' levels of compliance with international space law and norms. It begins by exploring the development of two movements - the evidence-based policymaking and programming movement, and the rise of ratings and rankings research - and their growth across various disciplines. The analysis suggests that such efforts are useful in gauging the behavior of countries in space according to how well they adhere to existing space law and norms. To date, there is no comprehensive, periodic, and systematic measure of countries' efforts to comply with space law and norms; this work endeavors to fill that gap by offering a framework in which to assess compliance. Applying the framework results in five possible ratings that a country may be assigned, ranging from highly compliant to non-compliant. Ideally, the proposed framework can be used to promote compliance, and with it, space security and sustainability.
This book discusses the need for national space legislation in India in the wake of private stakeholders entering the field and the expansion of outer space activities. Highlighting India's commitment to responsibly pursuing its outer space ambitions through rule of law, the book discusses the rationale behind national space legislation and addresses the requirements of both international and domestic law. In order to suggest draft framework national space legislation for India, it examines and compares the legislations of twenty major space-faring countries to identify the best practices. One of the few scientific studies in India that proposes draft framework legislation for space activities in India, this book summarizes the three main reasons why national space legislation is necessary - to fulfill international obligations, to address India's specific requirements and to enable non-governmental entities to participate. A must read for anyone interested in international space law and India's role and responsibility toward it, it is a valuable resource for academics, scientists, policymakers, industry executives, lawyers and students as well as amateur space enthusiasts.
In 1944 the Chicago Convention set out the foundations of public international law regulating international air transport, but until 2016 no international agreement existed to limit its environmental impact. Sustainable Development, International Aviation, and Treaty Implementation explains why the CORSIA scheme, adopted by the International Civil Aviation Organization in 2016, should be implemented in 2020 even though the adequacy of this scheme is still open to doubt and criticism. This book seeks to examine the many dimensions of the effort to contain greenhouse gas emissions from aircraft in a manner consonant with the principles of sustainable development, and examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law. International civil aviation is a significant polluter of the atmosphere, and in this volume, a group of air law and sustainable development law specialists considers how the international community can respond.
This book provides a unique in-depth comparative and evaluative analysis based upon primary sources. Therefore, it does not only provide a more complete understanding of the subject compared to other publications but, because it provides a full perspective, can also serve as a basis for further research. The interest in national space legislation, and the importance thereof to regulating space activities conducted by private entities, gives a clear incentive to conduct a comparative analysis of the national space legislation of various states. The purpose of this report is to provide such a comparative analysis that will detail the similarities and differences between the national space laws of selected states with a focus on European comprehensive national space legislation. The states discussed are: Sweden, the United Kingdom, Australia, China, Belgium, the Netherlands, France, Austria, Indonesia, Denmark, New Zealand and Luxembourg. This report is intended to assist the efforts of states that are seeking to enact or revise national space legislation not only by presenting the approaches taken by other states, but also by presenting, as far as possible, the rationale behind their approaches. The readership of this book consists of academics and professionals in space law and can further assist policymakers wishing to revise or enact national space legislation.
Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book dynamically covers the major areas of international aviation law, and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the international and, if any, the European applicable legislation. Delivery of these aims is attained through a dynamic and balanced use of didactic instruments and immediate information. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also aims to constitute a useful reference material for those who are familiar with legal terminology and aviation specifics.
Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book dynamically covers the major areas of international aviation law, and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the international and, if any, the European applicable legislation. Delivery of these aims is attained through a dynamic and balanced use of didactic instruments and immediate information. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also aims to constitute a useful reference material for those who are familiar with legal terminology and aviation specifics.
The public debate over civilian use of drones is intensifying. Variously called "unmanned aircraft systems", "unmanned aerial vehicles", "remotely piloted aircraft", or simply "drones", they are available for purchase by anyone for a few hundred to a few thousand dollars. They have strikingly useful capabilities. They can carry high-definition video cameras, infrared imaging equipment, sensors for aerial surveying and mapping. They can stream their video in real time. They have GPS, inertial guidance, magnetic compasses, altimeters, and sonic ground sensors that permit them to fly a preprogrammed flightplan, take off and land autonomously, hover and orbit autonomously with the flick of a switch on the DRone Operator's ("DROPs") console. The benefits they can confer on law enforcement, journalism, land-use planning, real estate sales, critical infrastructure protection and environmental preservation activities are obvious. However, their proliferation in response to these demands will present substantial risks to aviation safety. How to ensure the safety of drone operations perplexes aviation regulators around the world. They are inexpensive consumer products, unsuited for traditional requirements for manned aircraft costing hundreds of thousands or millions of dollars and flown only by licensed pilots who have dedicated significant parts of their lives and their wealth to obtaining licenses. Regulatory agencies in Europe and Asia are ahead of US regulators in creating spaces for commercial use. Over the next several years, legal requirements must be crystallized, existing operators of helicopter and airplanes must refine their policy positions and their business plans to take the new technologies into account, and all businesses from the smallest entrepreneur to large conglomerates must decide whether and how to use them. Domesticating Drones offers rigorous engineering, economics, legal and policy theory and doctrine on this important and far-reaching development within aviation.
With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.
Against the variegated background of bewilderment and cautious optimism that space transportation offers, this book begins with an expose on international politics, the principles of which, bear upon space transportation, as well as the closeness of air space and outer space, and activities that straddle both frontiers at the same time. It discusses current issues and possibilities of communications and transportation in outer space, as well as the liabilities and accountability of the key players of space exploration.
A. GENERAL BACKGROUND "The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. " 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990's the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, "Legal Considerations Affecting Commercial Space Launches From International Territory", (1999) 50 IISL at 10. Emphasis added. 2 H. L.
Presents and addresses key space law and policy issues for the benefit of wider informed audiences that wish to acquaint themselves with the fundamentals of the space law field. This brief analyzes in a concise manner the combined influence of space law and policy on international space activities. Read in conjunction with the other books in the Springer 'Space Development' series, it supports a broader understanding of the business, economics, engineering, legal, and procedural aspects of space activities. This book will also give the casual reader as well as experts in the field insight on present and future space law and policy trends, challenges and opportunities.
Die Luftsicherheit beschaftigt Experten nicht erst seit dem 11. September 2001. Seither hat auf nationaler, zwischenstaatlicher und europaischer Ebene jedoch eine besonders rasante Entwicklung eingesetzt und etwa das Luftsicherheitsgesetz, den Prumer Vertrag und neue EG-Verordnungen hervorgebracht. Selbst Fachleuten fallt es schwer, samtliche Neuerungen im Blick zu behalten. Der vorliegende Band erortert die einschlagigen Vorschriften, greift zahlreiche Spezialfragen sowie Anregungen aus der Praxis auf und entwickelt neue Losungsansatze.
Gegenstand des Kommentars sind die zentralen europarechtlichen Vorschriften zum Kapital- und Zahlungsverkehr. Die Art. 56 bis 60 EGV bilden die Magna Charta des europaischen Rechts zum Kapital- und Zahlungsverkehr und beeinflussen das mitgliedstaatliche Recht in seiner gesamten Breite. Die Geldwascherichtlinie hat die Verpflichtung von Banken, Lebensversicherungsunternehmen und seit kurzem auch von Anwalten, Steuerberatern und anderen Personen zur Verhinderung der Geldwasche zum Gegenstand. Dazu zahlt die Pflicht zur Identifizierung von Kunden und zur Zusammenarbeit mit den Strafverfolgungsbehoerden. Die UEberweisungsrichtlinie zielt auf hoehere Transparenz und Transaktionsgeschwindigkeit bei der Abwicklung grenzuberschreitender Geldzahlungen.
Entwicklung und Charakter des Europaischen Gemeinschaftsrechts sind wesentlich durch die Gerichtsverfassung der Gemeinschaft und die Tatigkeit der Gerichte mitgepragt worden. Die Vorbereitung und das Zustandekommen des Gerichtswesens und des gerichtlichen Verfahrens der Europaischen Gemeinschaft sind Gegenstand dieses zweiten Bandes der Dokumente zum Europaischen Recht, der in Aufbau und Auswahl der Dokumente der Konzeption des ersten Bandes ("Grundungsvertrage") folgt. Mit der erstmals dokumentierten und editorisch aufgearbeiteten Entwicklungsgeschichte der Justiz im Europaischen Gemeinschaftsrecht bis zu den Romischen Vertragen von 1957 richtet sich dieses erganzende Grundlagenwerk an alle, die an einer vertieften Auseinandersetzung mit den geschichtlichen Wurzeln des Gerichtswesens in Europa interessiert sind.
Das Grundgesetz enth lt in Art. 3 Abs. 3 einen Verfassungsauftrag zum Schutz vor Rassendiskriminierung unter Privatpersonen. Zur Umsetzung dieses Verfassungsauftrages kann sich der Gesetzgeber f r Schlichtungs- und Untersuchungsverfahren entscheiden, die auf eine Wiedergutmachung rassendiskriminierenden Verhaltens und auf die generelle Unterbindung von Rassendiskriminierung hinwirken sollen. Vorbild daf r w ren die Gleichbehandlungsstellen im anglo-amerikanischen Rechtskreis und in westeurop ischen Nachbarstaaten. Das vorliegende Buch untersucht anhand rechtsvergleichend entwickelter Modelle den verfassungsrechtlichen Spielraum f r das Verfahrensrecht solcher Gleichbehandlungsstellen.
Dieser Leitfaden zur Europaischen Sozialcharta wurde erstellt vom Sekretariat der II - Menschenrechte des Europarats als Antwort auf die Bedtirf- Generaldirektion nisse, die von Staaten zum Ausdruck gebracht wurden, welche die Sozialcharta ra- tifiziert haben oder die Ratifizierung vorbereiten. Insbesondere ist der Leitfaden das Ergebnis einer Initiative der bulgarischen BehOrden, die in einem Seminar, das im Februar 1999 im Rahmen des ADACS- Programrns stattfand, ihre Hoffnung zum Ausdruck brachten, dass ein Buch dieser Art erscheinen solle. Sein Ziel ist es, in Form von leicht handhabbaren Informationsblattem sowohl kompakte als auch genaue Informationen dartiber zu liefem, wie das Oberwa- chungssystem der Sozialcharta funktioniert, und tiber die Hauptlinien der Recht- sprechung des Europaischen Sozialrechtsausschusses. Ein weiteres und ebenso wichtiges Kapitel behandelt die Wirkung der Sozialcharta aufdie Staaten wahrend der Vorbereitung der Ratifikation oder kurz danach. Die drei Hauptteile des Leitfadens werden schlieBlich erganzt durch praktische Informationen, einschlieBlich funfzig Fragen zur Charta. Daneben ist der Leitfaden allgemein ein Beitrag zu den Veroffentlichungen des Europarats zur Europaischen Sozialcharta, welche die nach Moglichkeit umfas- sendsten Erlauterungen zur Funktionsweise und Realitat dieses Vertrages geben sollen. Die Bandbreite der VerOffentlichungen umfasst insbesondere die folgenden Titel: - Die Sozialcharta des 21. lahrhunderts (Kolloquium im Menschenrechtsgebaude am 14.-16. Mai 1997); - Soziale Grundrechte - Rechtsprechung zur Europaischen Sozialcharta, von - nia Samuel (2. Auflage 2000); - Europaische Sozialcharta - Textsamrnlung (2. Auflage 2000).
The public debate over civilian use of drones is intensifying. Variously called "unmanned aircraft systems", "unmanned aerial vehicles", "remotely piloted aircraft", or simply "drones", they are available for purchase by anyone for a few hundred to a few thousand dollars. They have strikingly useful capabilities. They can carry high-definition video cameras, infrared imaging equipment, sensors for aerial surveying and mapping. They can stream their video in real time. They have GPS, inertial guidance, magnetic compasses, altimeters, and sonic ground sensors that permit them to fly a preprogrammed flightplan, take off and land autonomously, hover and orbit autonomously with the flick of a switch on the DRone Operator's ("DROPs") console. The benefits they can confer on law enforcement, journalism, land-use planning, real estate sales, critical infrastructure protection and environmental preservation activities are obvious. However, their proliferation in response to these demands will present substantial risks to aviation safety. How to ensure the safety of drone operations perplexes aviation regulators around the world. They are inexpensive consumer products, unsuited for traditional requirements for manned aircraft costing hundreds of thousands or millions of dollars and flown only by licensed pilots who have dedicated significant parts of their lives and their wealth to obtaining licenses. Regulatory agencies in Europe and Asia are ahead of US regulators in creating spaces for commercial use. Over the next several years, legal requirements must be crystallized, existing operators of helicopter and airplanes must refine their policy positions and their business plans to take the new technologies into account, and all businesses from the smallest entrepreneur to large conglomerates must decide whether and how to use them. Domesticating Drones offers rigorous engineering, economics, legal and policy theory and doctrine on this important and far-reaching development within aviation.
This handbook is a reference work providing a comprehensive, objective and comparative overview of Space Law. The global space economy reached $330 billion in 2015, with a growth rate of 9 per cent vis-a-vis the previous year. Consequently, Space Law is changing and expanding expeditiously, especially at the national level. More laws and regulations are being adopted by space-faring nations, while more countries are adapting their Space Laws and regulations related to activities in outer space. More regulatory bodies are being created, while more regulatory diversity (from public law to private law) is being instituted as increasing and innovative activities are undertaken by private entities which employ new technologies and business initiatives. At the international level, Space Law (both hard law and soft law) is expanding in certain areas, especially in satellite broadcasting and telecommunications. The Routledge Handbook of Space Law summarises the existing state of knowledge on a comprehensive range of topics and aspires to set the future international research agenda by indicating gaps and inconsistencies in the existing law and highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and national legal aspects of particular space activities and issues, rather than providing commentary on or explanations about a particular Space Law treaty or national regulation. Drawing together contributions from leading academic scholars and practicing lawyers from around the world, the volume is divided into five key parts: * Part I: General Principles of International Space Law * Part II: International Law of Space Applications * Part III: National Regulation of Space Activities * Part IV: National Regulation of Navigational Satellite Systems * Part V: Commercial Aspects of Space Law This handbook is both practical and theore |
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