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Books > Law > International law > Public international law > International law of transport & communications > International space & aerospace law
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 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.
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.
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.
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 text explores the ways in which various legal systems are mixed or mixing jurisdictions. The contributors are experts in the jurisdictions on which they write and have direct experience of living and working within that jurisdiction. The classical frame of reference for the analysis of mixed jurisdictions uses the concept of "legal families" as its base. The problem of this approach is its reliance on a notion of mixed jurisdictions which sees them as arising at the point of contact between various legal traditions. This work argues that even the classical examples of mixed jurisdictions, such as Quebec, Australia, the European Community and the Basque Country, no longer seem to fit the mould and that a new framework is called for, or at least a more "fuzzy" approach to the theory of mixed jurisdictions. The final chapter offers some original ideas on what an alternative framework might include.
As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages ‘space as a driver of sustainable development’ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.
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."
The book analyzes the various legal and political concepts to resolve the problem of the existing space debris in outer space and which measures have been taken to avoid space debris or to reduce potential space debris in the course of future space missions. From a scientific and technical point of view various studies are ongoing to analyze the feasibility of active debris removal. Nevertheless it has to be highlighted that outer space is an international area where various actors with different legal and political concepts are operating, a situation that leads to different approaches concerning such activities.
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.
The book addresses legal issues and challenges in using Space Technology. Especially covered are the provisions of International Space Law and few national space legislations to regulate private actors in outer space. The key chapters covered are history of space regulations, private actors in space, legal issues for such actors, regulating these issues outside India, and the same in India. In concluding chapter, the author has worked out some recommendations. The book would be of immense use to people especially startups in private space industry; students, faculties and scholars of Space Law and Policy, Space Security, Defence and Security Studies. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka
Space was at the center of America's imagination in the 1960s. President John F. Kennedy's visionary statement captured the mood of the day: "We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard." The Apollo mission's success in July 1969 made almost anything seem possible, but the Cold War made space flight the province of governmental agencies in the United States. When the Apollo program ended in 1972, space lost its hold on the public interest, as the great achievements wound down. Entrepreneurs are beginning to pick up the slack looking for safer, more reliable, and more cost effective ways of exploring space. Entrepreneurial activity may make create a renaissance in human spaceflight. The private sector can energize the quest for space exploration and shape the race for the final frontier. Space entrepreneurs and private sector firms are making significant innovations in space travel. They have plans for future tourism in space and safer shuttles. Solomon details current US and international laws dealing with space use, settlement, and exploration, and offers policy recommendations to facilitate privatization. As private enterprise takes hold, it threatens to change the space landscape forever. Individuals are designing spacecraft, start-up companies are testing prototypes, and reservations are being taken for suborbital space flights. With for-profit enterprises carving out a new realm, it is entirely possible that space will one day be a sea of hotels and/or a repository of resources for big business. It is important that regulations are in place for this eventuality. These new developments have great importance, huge implications, and urgency for everyone.
Space policy is at the cutting edge of current EU policy developments and is a fascinating object of study, involving multiple and diverse actors. It is also an original and contemporary lens for studying European policy-making. This book explores advances in European space policy and their significance for European integration. Using a 'framing' methodology, it addresses central questions in European studies in order to form an interdisciplinary bridge between current research in space policy and contemporary European political studies. It assesses the interests of EU institutions in space and how these institutions perceive space policy. Furthermore, it demonstrates that space is a cross-cutting policy domain affecting a diverse range of EU policy fields, such as security, transport and migration, and underpinning the 21st century European and global economy. In doing so, this volume firmly locates space policy in the field of European Studies. This innovative volume will be of key interest to students and scholars of a range of policy areas including common foreign and security policy, technology policy, transport policy, internal market policies, environmental policy, development aid and disaster-risk management, as well as the EU institutions.
The core structure of the regulatory regime for international civil aviation (the 'Chicago System') is inter-national. The features of the Chicago System were designed in an era when the world's airlines were State-owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective 'legal' and policy actions taken at national level (United Arab Emirates, Qatar and People's Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization). The book concludes that economic and environmental regulation of international aviation, designed for an inter-national world of yesterday, evolves into global governance of aviation, which is more suited for today's global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.
The book describes the recent trends in space policy and the space sector overall. While maintaining a global scope with a European perspective, it links space policy with other policy areas, highlights major events, and provides insights on the latest data. The Yearbook includes the proceedings of ESPI's 12th Autumn Conference, which discussed the growing importance of Security in Outer Space and the stakes for civilian space programmes in the public and private sectors. Bringing together satellite operators, SMEs, European and American institutions, and think tanks, the Autumn Conference served as platform for fresh insights on security in outer space and the potential of transatlantic relations to address its challenges. The Yearbook also includes executive summaries of ESPI's work in 2017 as well as ESPI's 2017 Executive Briefs, covering topics such as suborbital spaceflight, super heavy lift launch vehicles, collaboration with China, and the delimitation of outer space. All in all, the book gives a detailed review of space policy developments worldwide, contextualised with information about national-level space industries and activity and broader political and economic conditions. The readership is expected to include the staff of space agencies, the space industry, and the space law and policy research community.
A series of EU accession referendums were held in nine candidate
countries, eight post-communist states and Malta, between March and
September 2003. These referendums provide us with an excellent
comparative opportunity to deepen our understanding of the European
integration issue and how it interacts with domestic politics, and
of the dynamics of referendums in general and referendums on the
European issue in particular. This book therefore provides a set of
focused comparisons between these different cases. Each of the
individual chapters provides an authoritative analysis of the
referendum campaign and outcome in each of the countries concerned
by a leading specialist on the politics of that country.
This select volume of historical documents is organized chronologically, spanning from 1914 to the present. Divided into eight chapters, it includes a narrative introduction to each historical period. This collection of historical documents provides insight into the history of the United States in its pursuit of the peaceful uses of outer space, with emphasis on the manned space program of the National Aeronautics and Space Administration, as well as commercial American activities supporting human spaceflight in the early 21st century. Rocketry and space technology have served varied goals throughout the Space Age: pure research, as well as research applied for national security, national prestige, and commercial profit. There have been varied actors as well, among them individuals supported by philanthropists as well as governments, intergovernmental organizations, international consortiums, and for-profit corporations. This book focuses on space exploration, and in particular, human space exploration, leading to the questions, "Why have humans gone into outer space in the past?" and "Why will they do so in the future?" These documents help readers to examine the variety of fascinating answers to those questions. Provides readers with a broad overview of the U.S. history of human spaceflight from its beginnings to the present, and of the early 20th century rocketry that preceded it Provides a basis for in-depth studies of more specific topics in U.S. space history via source documents Presents the technocratic and commercial development of space technology as a push-pull relationship in which each propels the other into the future
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 theoretical in scope, and may serve as a reference tool to academics, professionals and policy-makers with an interest in Space Law.
For several decades it has been widely accepted that human space exploration is the exclusive domain of government agencies. The cost of performing such missions, estimated in multiple reports to amount to hundreds of billions dollars over decades, was far beyond what private entities could afford. That arrangement seems to be changing. Buoyed by the success of its program to develop commercial cargo capabilities to support the International Space Station, NASA is becoming increasingly open to working with the private sector in its human space exploration plans. The new private-public partnership will make 'planet hopping' feasible. This book analyses the move towards planet hopping, which sees human outposts moving across the planetary dimensions, from the Moon to Near-Earth Asteroids and Mars. It critically assesses the intention to exploit space resources and how successful these missions will be for humanity. This insightful and accessible book will be of great interest to scholars and students of space policy and politics, international studies, and science and technology studies.
Contracts of Carriage by Air, Second Edition contains annotated analysis of the provisions of the international conventions governing the carriage of goods and passengers by air. This book provides you with practical advice and brings you: An overall view of the two liability regimes, followed by a
short history of the Warsaw Convention in its various versions and
what led to agreement on a single regime, the Montreal Convention,
as well as the threat to uniformity posed by EC Directives.
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. |
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