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Books > Law > International law > Public international law > International law of transport & communications > International space & aerospace law
The continued implementation of the competition rules of the EC
Treaty and the provisions of the third package of aviation
liberalization measures of 1 January 1993 remain of great
importance to the Community's aviation industry. 1994 has seen
important activity on access to Community air routes (such as the
Orly airport cases), ground handling, state aids and code sharing.
These subjects, and others, are examined in the Association's
annual conference for 1994, with a round table session on access to
air routes in particular. In addition, in view of the conference's
location in Amsterdam, there will be a particular Dutch perspective
on certain current issues.
The book provides a structural analysis of the European space
effort from an institute change perspective. It analyzes the EU-ESA
inter-institutional relationship, gives an overview of the
development of space policy in Europe, and advances the debate
about the impact of the European integration process on existing
institutional actors. While European Space collaboration was
initially developed outside the competences of the European Union
(EU) with space programmes being carried out almost exclusively
under the framework of European Space Agency (ESA) and national
agencies, the EU has gained "shared competences" (Art. 2, TFEU) in
space policy following the adoption of the Lisbon Treaty. Currently
the EU and ESA work together under a Framework Agreement. In 2016,
the EU Commission has published a Communication entitled "European
Space Policy" (ESP). Even though ESA's Member States have agreed to
keep ESA as an intergovernmental organisation during the ESA
Ministerial Council of 2014, the discussion about ESA becoming part
of the EU framework continues. The EU's ambitions for leadership in
European space policy raise question concerning the future of ESA.
The study of institutions lies at the heart of political sciences.
Strikingly the theoretic framework qualifying institutional change
and making it comparable leaves room for more concrete and testable
dimensions of institutional change.
Developments in the interrelated industries surrounding air
transportation and space exploitation continue to give rise to new
and challenging problems in international law. As more and more
countries and private entities use outer space for satellite-based
systems of air navigation, telecommunications, and surveillance,
significant economic and environmental issues loom ever larger.
Moreover, the ongoing exploration of space and celestial bodies in
search of commercial possibilities poses new questions, ranging in
substance from the proliferation of space debris to intellectual
property rights. The Warsaw System of intercarrier liability,
although still serviceable, is severely strained by such
developments as the products liability of aircraft and satellite
manufacturers and the liability involved in the construction and
launching of space stations and multipurpose satellites. Aware of
the massive convergence of these legal and political challenges,
over 200 air and space experts - from the airlines and aerospace
industries, from law practice and law faculties, and from civil
aviation authorities at national, regional, and international
levels - met in Seoul, in June 1997, to search for solutions and to
promote and strengthen international co-operation in this crucial
sphere. Twenty-three countries were represented. This book is the
record of their presentations, discussions, recommendations, and
conclusions. The many specific issues and topics raised and
analyzed include the phenomenon of trade in launch services; the
interdependence of military and satellite systems; new remote
sensing technologies and the challenges they present to the Outer
Space Treaty of 1967; new airports; the transfer of air traffic
control functions; the transnational co-production of aircraft;
regional and bilateral air transport agreements; and a great deal
more. Numerous cases from a variety of jurisdictions are cited, so
that the reader may gain a sense of jurisprudential trends in air
and space law as we proceed into the 21st Century.
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.
In 1967, the public clamor for more stringent air pollution control
had increased throughout the nation. As a result, the Puget Sound
Region was granted a new multi-county air control agency. After
staffing it and developing regulations, personnel began ticketing
pollution sources, beginning with the most onerous. A real-time
monitoring network was installed and the staff began routine
dispersion modeling. Indirect source controls
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 presents a comprehensive geopolitical analysis of
European space activities. By studying outer space as a physical
and socio-economic space as well as a military-diplomatic area, the
author helps readers understand outer space as a geopolitical
environment. The book also offers insights into the behavior and
strategies of different actors, with a special focus on the
European space strategy and the nature of the European space
program and diplomacy.
Key to the growth of aviation are the global, high levels of safety
and security exercised by all stakeholders. However, as the
aviation industry becomes more reliant on technology, which is
increasingly becoming more interconnected, sophisticated and
automated, the number of vulnerabilities is increasing, and this is
impacting safety and security. This is because cyberattacks are
becoming more prevalent, with the potential to cause accidents and
incidents. Cybersecurity in aviation is becoming a serious issue
that all aviation stakeholders must consider in order to protect
contractual partners, third parties and themselves. In order to
increase cybersecurity, regulators at all levels are beginning to
react to the threat of cyberattacks. This book addresses the
question whether the current regulatory approach in the European
Union is appropriate for international civil air transportation.
Based on a critical analysis of EU aviation law, as well as related
international law, with particular emphasis on cybersecurity as a
transversal topic, it will be argued that the current legal status
quo is not appropriate and needs to be changed.
Near-earth space, with extends to geosynchronous orbits where
satellites remain faithfully over a fixed spot on the ground, does
not lend itself to romantic fantasies of science fiction. It is a
working place from which services can be delivered with ease and
efficiency. Meteorology, seismic and crop-yield predictions,
environmental monitoring, communications of all sorts, guidance and
navigation, medical and educational services, treaty verification
and photographic reconnaissance, news-gathering, scientific
observation across the entire electromagnetic spectrum,
prospecting, remote sensing, and monitoring of human activities are
all in a day's work for near-earth space. Global cellular
telephony, only a few years ago the exclusive privilege of
comic-book heroes, is becoming a space-based commonplace. Planes
that land in fog and cars that find their way in the labyrinthine
steels of Tokyo guided from space are beyond a near horizon. Space
is delivering its promise. This volume describes many of these
activities and their prospects for changing the way we live,
communicate, and travel on this Earth.
The increasing involvement of private enterprise in the conduct of
space activities raises key issues with respect to international
space law which has left it to national law to implement relevant
rules vis-a-vis private enterprise. Almost unavoidably, such
national implementation regimes differ largely across individual
states. This is also true in Europe, where the issue is further
compounded by the fundamental - but fundamentally different - roles
of ESA and the European Union. Focusing on Europe, the present book
thus represents the first comprehensive effort to discuss national
authorisation schemes not country by country but theme by theme, so
as to allow for a real comparison of the lack of harmonisation or
even coordination, and the possible problems which may result.
This book presents, in a comprehensive way, current unmanned
aviation regulation, airworthiness certification, special aircraft
categories, pilot certification, federal aviation requirements,
operation rules, airspace classes and regulation development
models. It discusses unmanned aircraft systems levels of safety
derived mathematically based on the corresponding levels for manned
aviation. It provides an overview of the history and current status
of UAS airworthiness and operational regulation worldwide. Existing
regulations have been developed considering the need for a complete
regulatory framework for UAS. It focuses on UAS safety assessment
and functional requirements, achieved in terms of defining an
"Equivalent Level of Safety," or ELOS, with that of manned
aviation, specifying what the ELOS requirement entails for UAS
regulations. To accomplish this, the safety performance of manned
aviation is first evaluated, followed by a novel model to derive
reliability requirements for achieving target levels of safety
(TLS) for ground impact and mid-air collision accidents.It
discusses elements of a viable roadmap leading to UAS integration
in to the NAS. For this second edition of the book almost all
chapters include major updates and corrections. There is also a new
appendix chapter.
First published in 1998 as volume 8 in the NASA "Monograph in
Aerospace History" series. This study contains photographs and
illustrations.
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.
Export controls definitively impact international cooperation in
outer space. Civil and commercial space actors that engage in
international endeavors must comply with space technology export
controls. In the general discourse, members of the civil and
commercial space community have an understanding of their domestic
export control regime. However, a careful reading of the literature
on space technology export controls reveals that certain questions
relevant to international engagements have not been identified or
answered.
What is the legal-political origin of space technology export
controls? How do they relate to the current international legal
structure? What steps can be taken to evolve our current unilateral
paradigm of space technology within the context of peaceful
exploration and use of outer space? In this book, these and other
relevant questions on space technology export controls are
identified and assessed through an insightful case-study of the
U.S. commercial communication export control regime. The findings
of this case-study are used in an international legal-political
analysis of international space law, public international law, and
international cooperation. Breaking new ground in international
legal theory, a self-justified security dilemma that is manifest in
international law is identified and explained as the origin for the
current paradigm of space technology export controls. "
Outer space is in constant use. Most obviously, billions of
"packets" of information travel through it every day, for the
infinitely various purposes of countless people and organizations.
Space platforms increasingly provide important research data for
businesses, institutions, and governments. Taxation issues are
inevitable. In fact, tax planners have for several years been
engaged in designing tax incentives to enhance the development of
space commerce. A significant focus of this book is an in-depth
evaluation of the current US discussion of tax rules designed to
stimulate space commerce in 2001. The debate is placed squarely in
its complete context of historic developments and constraints,
prevailing tax law (in this case the US internal revenue code), and
the body of international and national space law that began with
the 1967 Space Treaty. Comparative analysis is provided by
examination of corresponding schemes evolving in Canada, Japan,
Australia, and France. Specific events, developments, issues, and
probabilities dealt with in "The Taxation of Space Commerce"
include the following: the economic significance of the Challenger
launch in 1986; the value of F.J. Turner's classic "frontier"
thesis for understanding the "new frontier" of space; the
Commercial Space Launch Act of 1984 (US); the role of the US
internal revenue code's foreign tax credit; the 1979 Moon Treaty;
remote-sensing and nuclear power; the 1998 Inter-Governmental Space
Station Agreement; case law, especially Smith v. United States;
multinational vs. unilateral taxation schemes; benefits of space
commerce for society as a whole; and competitiveness and economic
efficiency. As a major contribution to the literature of space law
and tax law, this text aims to fill an important need. Beyond that,
it is a work which should be of value not only for taxation
specialists and communications industry executives and their
counsel, but for any enterprise with an eye to the not-too-distant
future.
At the end of 2002 the third package has been in force for ten
years. It as therefore a good moment to review the record in terms
of compliance and problems which have been encountered. Competition
Law continues to play an important role in the airline sector and
topical issues include frequent flyer programs, the response by
traditional airlines to law-cost airlines and arrangements between
low-cost airlines and airports. For the last few years state aid to
airlines had been a dormant issue, but it is now back in earnest -
in connection with the very different responses of the EU and the
US to the events of 11 September, the similar but different fates
of Sabena and Swissair and the opening of a Commission
investigation into Olympic Airways. Passenger rights remains a
subject high on the commission's agenda, and its proposal for a
regulation on compensation for denied boarding and flight delays
and cancellation is exciting strong opposition from airlines. All
these subjects were covered in the Association's annual conference
for 2002 in Stockholm, and in some cases from a particular
Scandinavian point of view. General developments in the Nordic and
the Baltic regions have also been discussed particularly in view of
the expected imminent special aviation arrangements between the
Baltic States and the EU.
In 1999 liberalization of the air transport market in the EC has
continued to have many positive results. As with US deregulation in
1978, it is clearly leading to growing consolidation, principally
by way of alliances, and the Commission's ongoing investigation of
the transatlantic airline alliances continues to dominate the
agenda. For all its positive results, there is some question as to
whether liberalization has been achieved at the cost of a
deterioration in public service, despite the scope left by the 1992
third package for public service obligations. With the increased
competition resulting from liberalization, airlines have come under
pressure to cut costs. A prime target has been distribution costs,
assisted by developments in technology. This is leading to
differences in the relationship between airlines and travel agents
and in the role of agents. In its communication on the European
airline industry adopted in May 1999, the Commission made it clear
that the completion of the single market in air transport with a
genuine external dimension, particularly involving the US, is a
priority. All these topical issues have been discussed at the
Association's annual conference for 1999. The Association is
grateful to TAP for its generous assistance with air travel to and
from Lisbon.
As space applications become central to modern interaction, more
and more entities are becoming involved in space activities.
Consequently, strategies to establish the coordinated, ethically
justifiable and sustainable conduct of space activities have to be
found. Such an endeavour requires addressing current questions
regarding the use of space, dealing with fair rules in orbit and
discussing the way towards achieving truly global engagement on
space security issues. The book outlines the current situation and
identifies key challenges from the policy perspective. Taking this
one step further, it also formulates principles and recommendations
for global action. Nineteen eminent personalities from the space
sector have united for this project, which is based on a conference
organised at the European Space Policy Institute (ESPI) in November
2008 in Vienna.
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