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Books > Law > International law > Public international law > International law of transport & communications > International space & aerospace law
The impact of the US defense and space initiatives on bilateral and
multilateral treaties and on international outer space law in
general, a topic of much current discussion, is better understood
by an analysis of the development of that body of law. Col Delbert
"Chip" Terrill Jr. discusses its early evolution and the Air Force
contribution to it. He describes the Air Force's ad hoc approach to
international outer space law and its efforts to have this approach
adopted by the United States and the international community.
Further, the author details the profound impact that the surprise
attack at Pearl Harbor on 7 December 1941 had on President Dwight
D. Eisenhower. He vowed never again to allow the US to be similarly
vulnerable to a surprise attack, particularly in a nuclear
environment. As part of his efforts to preclude a surprise attack
on the United States, Eisenhower sought to establish the concept of
free passage of intelligence gathering satellites as part of
accepted international outer space law. The author traces how the
Eisenhower administration demonstrated a lack of concern about
being first in space so long as the concept of free passage in
outer space was universally accepted. However, the administration
apparently and clearly underestimated the propaganda value that
being first would have. Colonel Terrill traces how the Eisenhower
administration failed to fully communicate its policy goal of
achieving such free passage to the uniformed services. Although
civilian leaders in the Defense Department were aware of the
administration's position, the Air Force and the other military
services at times acted at cross purposes to the concept of free
passage. Chip Terrill describes the Air Force's continued efforts
to resist the passage of most international outer space law
conventions, the restiveness of the Air Force judge advocate
general (JAG) corps with a backseat role, and how the JAG generally
failed in its early attempt to have the Air Force become proactive
in the development of the law. Ironically, Terrill illustrates how
the Air Force's ad hoc approach essentially dovetailed with
Eisenhower's goal of free passage. Colonel Terrill relates how the
Air Force's Project West Ford caused the passage of certain
environmentally sensitive provisions of international outer space
law. The author closes by examining the comment and coordination
process leading to the passage of the Liability for Damages
Convention. Such was typical of the Air Force's lukewarm, reactive
posture regarding the passage of international conventions, except
for the Agreement on Rescue and Return of Astronauts, which the Air
Force strongly supported. In short, this superb work documents the
interesting gestation period regarding the development of
international outer space law. It will undoubtedly contribute to
the development of Air Force doctrine by providing a better
understanding of the Air Force's involvement in the development of
international outer space law.
First published in 1998 as volume 8 in the NASA "Monograph in
Aerospace History" series. This study contains photographs and
illustrations.
Dr. Berg P. Hyacinthe (PhD, Florida State University; LLD
Candidate, Assas School of Law, CERSA-CNRS, La Sorbonne) is
internationally recognized as an eminent and multidisciplinary
scientific investigator. A U.S. patent holder featured in Harvard's
Smithsonian/NASA Astrophysics Data System, Dr. Hyacinthe recently
served as Assistant Professor and Scientific Advisor to Taibah
University's Strategic Science & Advanced Technology Unit. Dr.
Hyacinthe held several positions at County and State levels of the
U.S Government in the Information Technology arena. He has been
featured in conferences held at the U.S. Naval Postgraduate School,
Monterey (author); Defence Academy of the United Kingdom,
Shrivenham (invited session Chair); and National Defence College,
Helsinki (session Chair). In CYBER WARRIORS AT WAR, he draws on the
triangular relationship between technology, law, and Information
Age warfare to propose solutions against potential charges of
having committed Information Operations (IO) war crimes and/or IO
crimes against humanity. According to Dr. Hyacinthe, the success of
pre-emptive strikes and decisive military operations depends
profoundly upon both reliable human intelligence and the versatile
skills of 21st century "cyber warriors" whose IO activities are
conducted through modern warfare's pentagonal synchrony - land,
sea, air, cyberspace, and outer space. Unfortunately, these
operations are commonly effectuated under a legal reasoning that is
ambiguous in important ways: a threat to the national security of
the United States of America and to the entire international
community. Hence, as this Essay argues, the evolution of modern
computer systems as weapons of war compels wary jurists to turn to
the laws that should govern development and use of lethal
information technologies. Further, this Essay examines how certain
military operations within Information Warfare (IW) require new
legal framework, and recounts specific events involving various
types of IW conduct and cyber attack: an interesting expose to
jurists, military personnel, policymakers, and the growing and
diverse body of information professionals around the world.
This scarce antiquarian book is included in our special Legacy
Reprint Series. In the interest of creating a more extensive
selection of rare historical book reprints, we have chosen to
reproduce this title even though it may possibly have occasional
imperfections such as missing and blurred pages, missing text, poor
pictures, markings, dark backgrounds and other reproduction issues
beyond our control. Because this work is culturally important, we
have made it available as a part of our commitment to protecting,
preserving and promoting the world's literature.
The Moon Treaty establishes a number of basic legal principles for
the use and exploitation of extraterrestrial material; thus it
would have a profound impact on how and when men first use these
materials. This official publication of the U.S. Senate Committee
on Commerce, Science and Transportation contains a historical
perspective and analysis of the treaty and a collection of useful
documents pertinent to the treaty, as well as the full text of the
treaty.
Management Development Series No. 23 The message for managers to
draw from this volume is that international labour standards need
not be viewed as constraints or encroachments on managers in the
exercise of their functions, but rather as a helpful source of
practical and profitable information and guidance. The volume seeks
to make the international labour standards understandable to
practising managers by explaining the meaning and aim of
international labour Conventions and Recommendations in a number of
fields. It covers standards on the recognition of trade unions and
other workers' representatives, and on dealing with them through
collective bargaining and various forms of consultative and
participatory machinery. Attention is also given to the standards
which touch on the personnel function and on human resources
management, such as recruitment and selection, training, grievance
procedures and termination of employment, and to standards on more
general conditions of employment, such as wages, hours, leave and
holidays, safety, health and the environment of the enterprise.
The potential use of space for military purposes has, since the end
of the Second World War, been intrinsically linked to the
development of space technology and space flight. The political
relevance of outer space continues to be recognised by nations,
particularly the strategic benefit of Earth observation from outer
space as a national security tool. However, the dual-use potential
of many space applications increasingly blurs the distinction
between the military and non-military uses of space. In fact, many
States have openly declared their willingness to protect their
space assets by military means and some have even described outer
space as a war-fighting domain. Non-State entities are becoming
more and more involved in outer space activities, including the use
of satellites for navigation purposes, the transportation of
supplies to the International Space Station and the offering of
tourist flights into outer space. Private operators have
significantly increased activity in the launch of satellites and in
2021 no less than three private space companies (Virgin Galactic,
Blue Origin and SpaceX) conducted successful space tourist flights.
Today in all space-faring countries, the space industry contributes
to national GDP and supports the labour force. It also serves as a
catalyst for technological advancement and productivity growth, and
has become an integral part of the day-to-day lives of people
around the world. Consequently, the socio-economic benefits of
space technology (in particular satellite technology) have made the
development of space programmes an increasing necessity for
developing States. Outer space has become a congested environment.
The involvement of private actors, specifically, has given rise to
a number of legal issues, including questions pertaining to
liability, insurance, space debris, human rights and property
rights in space. To address these legal uncertainties, the existing
chapters in the second edition of Outer Space Law: Legal Policy and
Practice have been updated significantly and several new chapters
have been added dealing with topical issues including: the
regulation of satellite navigation systems, and satellite
constellations; the application of human rights in outer space
settlements; the exploration and colonisation of outer space; and
planetary protection. The second edition of Outer Space Law: Legal
Policy and Practice remains aimed at readers looking for a single
title to understand the key issues relevant to the space sector, by
also emphasising the practical application of those issues. The
book will be specifically relevant to legal practitioners,
academics and State departments primarily working in the space
arena, as well as to those in other related sectors such as IT and
media, insurance and political science. Edited by Yanal Abul
Failat, lawyer at the international law firm Fasken, and Professor
Anel Ferreira-Snyman, a professor of law specialising in
international space law at the University of South Africa, the book
includes contributions by leading experts from space agencies,
space venturers, lawyers, economists, insurers, academics and
financiers.
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Estado de derecho, crecimiento econmico y prosperidad Informe
elaborado por el Grupo de Trabajo sobre el Estado de Derecho de la
Americas Society y del Council of the Americas. El respeto del
estado de derecho es un requisito bsico para fomentar el desarrollo
comercial y generar un crecimiento econmico estable y de amplio
alcance. Brinda a los emprendedores y pequeos empresarios la
confianza para ingresar en la economa formal y es esencial para el
desarrollo de todo un pas. Por esa razn, durante los dos ultimos
aos, la Americas Society y el Council of the Americas reunieron
representantes del sector privado, abogados en ejercicio, acadmicos
y representantes de organizaciones no gubernamentales para analizar
las reformas y los pasos a seguir con el fin de mejorar el estado
de derecho en todo el hemisferio. Reunindose en Nueva York,
Washington, San Pablo y ciudad de Mxico, el grupo de trabajo
consider cuatro aspectos del estado de derecho que son
indispensables para lograr un crecimiento de vasto alcance: .La
administracin de justicia; .El marco regulatorio para negocios e
inversiones; .El uso de mtodos alternativos de resolucin de
conflictos y el cumplimiento de contratos (incluyendo la cancelacin
de crditos en procedimientos concursales); y .La proteccin de los
derechos sobre bienes tangibles y de propiedad intelectual. Bajo la
direccin de Antonia Stolper y Mark Walker-ambos expertos legales de
Amrica Latina-esta iniciativa y el informe de trabajo sirven como
dilogo permanente con sus interlocutores en las Amricas. Mejorar el
estado de derecho exige un enfoque multi-factico que es factible de
lograr si se cuenta con un compromiso y apoyo ms amplios.
Este estudio aborda el desarrollo historico e ideologico del
Derecho Penal Internacional, que es aquella disciplina que regula
las siguientes materias: la determinacion de los delitos
internacionales y el establecimiento de los tribunales oportunos
para castigar a los culpables. La obra parte de pensadores y
juristas como Lieber, George Washington Williams, Moyner o Lemkin,
pasa por las Guerras Mundiales, Vietnam, las dictaduras militares
argentina y chilena, los conflictos de Yugoslavia, Ruanda y Sierra
Leona, y llega a la Corte Penal Internacional de Roma.
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
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