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Books > Law > International law > Public international law > International law of transport & communications > International space & aerospace law
This volume discusses various institutional, legal and operational aspects related to the provision of air navigation services, taking particular consideration of the current implementation of a new generation of communications, navigation and surveillance systems for future air traffic management (CNS/ATM). The primary intent is to critically review the current mechanisms for international co-operation in this field. Particularly in Europe, many efforts have been undertaken to enhance air traffic management by harmonization and integration of national developments but many parties claim that these are still insufficient and the processes are still dominated by the individual States. Furthermore, the established global standardization mechanisms by ICAO are increasingly challenged by the swift technological developments and implementation plans on a regional rather than global basis. Following a short description of the historical developments, the global framework of cooperation established through ICAO is described, supplemented with a description of some multilateral organizations active in the field of air traffic management on a regional basis. The basic technological and operational changes envisaged with the implementation of the Future Air Navigation Systems (FANS) are described and, based on these, related institutional and legal aspects are discussed. Particular emphasis is given to developments in Europe, where during the last four decades several initiatives for enhancing the cooperation of States could not overcome the fragmentation of the airspace. The decisions of February 1997 of the ECAC Ministers of Transport on an Institutional Strategy are reflected. One chapter is devoted to questions of liability in air traffic management which are of particular importance with regard to international cooperation.
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.
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 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 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.
The scholarly contributions discussed in this timely research review address the special realm of legal rules applicable to space activities and their terrestrial applications. Outer space is generally considered a "global commons", so this review focuses on the international regime which is also the foundation of an increasing number of national space laws. Topics covered concern the development, character and structure of international space law, its relationship with national space law, and military and commercial aspects of space activities, including launching and satellite applications. This fascinating study provides a comprehensive overview of the most important matters relating to international space law and will be a valuable research tool for academics and practitioners alike.
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.
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
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.
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.
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.
First published in 1998 as volume 8 in the NASA "Monograph in Aerospace History" series. This study contains photographs and illustrations.
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.
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.
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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