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Books > Law > International law > Public international law > International law of transport & communications > International space & aerospace law
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.
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."
This newly updated work provides answers to questions of liability for international air transportation. It provides an wealth of case law and commentary, conveniently arranged as article-by-article annotation to the Warsaw Convention. This new edition brings the case law up to 1999, and includes the all-important new judicial developments derived to date from such recent air mishaps as KAL 007, Lockerbie, TWA 800, and Swissair 111. The cases summarized and analyzed under each article come from scores of jurisdictions worldwide, with decisions that in many instances have built on case law from a number of different countries. The author's treatment encompasses the subsequent agreements and protocols that have amended the original 1929 Convention, and cites those significant minority viewpoints, both juridical and scholarly, that serve to clarify some of the more difficult issues that arise in this complex field of international law. The text used is the English (US) translation of the Convention. Appendices include the authentic original French text of the Warsaw Convention and the English (UK) translation, as well as the three official Spanish texts (Spain, Argentina, and Mexico); the official French, English, and Spanish texts of the Hague Protocol and the Guadalajara Convention; texts of the Montreal Agreement, the Guatemala Protocol, and the four Montreal Protocols; pertinent excerpts from the United States Code of Federal Regulations and the International Air Transport Association (IATA) rules; and up-to-date listings of parties signatory to the Warsaw instruments. A table of cases, with supplemental case citations, is also included.
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.
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.
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.
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.
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.
This book examines the international and domestic American legal problems associated with activity in outer space from a strong policy perspective, with particular attention given to problems associated with space commercialization and with military activities in outer space. Outer Space: Problems of Law and Policy is indispensable as a casebook, reference, and self-teaching tool for students, practitioners, academics, and members of the aerospace industry.
International Space Law and Space Laws of the United States provides helpful practice tips for representing clients and doing business in today's commercial space industry, as well as important coverage of the essentials for students of Space Law. Each chapter explores a nuanced space law issue and concludes with review questions. Written by two Georgetown Space Law professors who are also Space Law practitioners, with more than 50 years of combined expertise having worked as legal counsel for NASA, in the halls of Congress and in the Executive Branch, this book explains complex regulations in approachable language and is thoroughly annotated. This work is valuable for students of Space Law as well as practitioners. It will serve as a handy desk reference for years to come.
This book will examine and analyse the problems inherent in integrated water management in transboundary conditions. Integrated Transboundary Water Management in Theory and Practice will provide new knowledge and policy recommendations based on the experiences and results of a major 3-year interdisciplinary research project (MANTRA-East). Drawing on extensive studies of the Lake Peipsi region in Estonia and Russia, the book explores the political and social issues surrounding transboundary water management and introduces the way that qualitative-quantitative-qualitative scenarios have been used in real-life situations. The book presents conclusions and policy recommendations for integrated transboundary water management that will be invaluable to water managers, policy-makers and academic researchers working in this rapidly expanding field.
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
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 monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
This book examines the international and domestic American legal problems associated with activity in outer space from a strong policy perspective, with particular attention given to problems associated with space commercialization and with military activities in outer space.
This book stems from the worrying scale and intensity of conflicts, humanitarian crises, and human rights violations around the world, which can be seen in a wide range of global hotspots including Venezuela, Yemen, Syria, Myanmar, Sudan, Eritrea, and numerous others. These developments are also relevant for Europe, given the large-scale migrations they can produce. In order to effectively respond to them, it has become imperative to analyse ways in which space data and technologies can be used to uphold human rights and monitor violations. Various international tribunals, such as the International Court of Justice (ICJ) and the International Criminal Court (ICC), are increasingly relying on satellite data and especially images when considering human rights violations cases. This use of space-related technologies represents a trend that promises to continue as the range and accuracy of space-derived data improves. Further, satellite data has important legal implications because it allows the fulfilment of international obligations to be monitored, and offers a powerful tool for dispute resolution. Accordingly, this book examines the use of satellite images for cases concerning human rights violations, since the multitude of humanitarian crises worldwide demonstrate that it is of the utmost importance to analyse how space law, policies and space-related applications could further support the implementation and monitoring of the observance of human rights, thus contributing to enhanced security and sustainable development. A range of relevant areas, such as migration, refugees (including settlements and whether they are adequately supplied with basic necessities), water distribution and quality, housing and settlement monitoring are crucial aspects addressed in this book. In closing, the use of satellite data for legal purposes is not without its fair share of problems and concerns, which are also considered to guide the evolution of this emerging field.
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
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.
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.
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. |
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