Air and Space Law

Taking into account that several plans related to sub-orbital space tourism exist within European Union (EU) Member States, the article outlines the European Space Agency's (ESA) position about this activity and how that may influence the way space tourism will be ...

Under business-as-usual conditions, international aviation greenhouse gas emissions will grow substantially over the next 20 to 30 years. The realisation of the likely trajectory of international aviation emissions has sparked debate about the future of aviation and the existing governance and policy structures. This paper reviews the progress made on international aviation emissions abatement, provides an analysis of the reasons for the delay and outlines a proposal to advance the debate on how to impose carbon prices on emissions. The conclusion is reached that criticisms of the International Civil Aviation Organization (ICAO) are, to some extent, unfounded. ICAO’s failings are a product of political differences between member states on fundamental climate policy issues. These political problems are compounded by the fact that under existing international aviation law, there are restrictions on the rights of a state to unilaterally impose carbon pricing requirements on foreign air...

Human spaceflight presents new challenges for traditional approaches to risk assessment. From the onset human, spaceflight has been recognized as an inherently dangerous activity. Consequently, U.S. laws and regulations have grown in tandem with space launch activities and operations to protect public health and safety. The recent development of the commercial space transportation industry is now seeing the burden of risk shift from government and government-sponsored missions to private commercial entities and individuals, and yet ethical frameworks are lacking for the private space sector. Opening access to space to the public inherently raises novel concerns for increased risk awareness, communication, and management among commercial entities and voluntary participants. This also highlights the need for evaluating and clarifying social perspectives on issues of risk, uncertainty, and standardization. This article offers a multidisciplinary analysis in ethics, law, and business organization to support responsible decision-making and risk assessment for commercial spaceflight activities.

The book is the first comprehensive publication in Poland where regulation and regulatory reform are discussed in the context of air law. It was acknowledged as the best monograph on regulatory issues in Poland 2012–2014. Reflections included in this work cover international law, European law and US federal law. Additionally, the book refers to doctrines established in business law as well as to theories of regulation developed in economics.
The first part presents theoretical models of regulation and regulatory reform. Based on a digest of concepts presented in law, economics and political sciences, the historical concepts of these phenomena, their axiological foundations and respective legal instruments are discussed. In the second part the functioning of these models is illustrated with the transformations in the air transport industry. The economic characteristics of the airline sector and the fundaments of international, regional and national air law are outlined. The process of regulatory reform is exemplified on US airline deregulation and EU liberalisation in air transport. The work makes conclusions regarding the economic impact of the reform in the mentioned geographic regions, as well as forecasts concerning its future directions in the international sphere.
The dissertation represents a unique approach and makes the first systematic lecture on regulatory reform in Polish literature. The models of regulation and regulatory reform are defined in a wider perspective embracing international and domestic economic policies. The book explains how values underlying legal and economic systems translate into particular functions of government in the economy and trigger application of specific legal instruments in the regulated sectors. The genesis and the consequences of the deliberated normative phenomena are discussed in the perspective of both policy and economic considerations. This places the legal debate in the wider context of economic transformations.

Brexit and Aviation Law presents the key Brexit-related legal issues for aviation business and administration.
The book begins with a discussion of the pieces of legislation that are affected by Brexit and those few that remain untouched. This covers EU primary and derived law, domestic laws, EU third party agreements (including the EEA, the ECAA, vertical agreements, horizontal agreements, aviation safety and security agreements), EU Member States’ bilateral air services agreements, the WTO/GATS framework, the ICAO framework, the ECAC framework, the EUROCONTROL framework, the Cape Town Convention, civil liability conventions, aviation security and criminal law conventions. The exact impact of Brexit on particular legal instruments and on their application in and to the UK is explained, as well as on the UK’s relations with the EU and third party states.
Against this background, a digest of regulatory and institutional problems in the aviation sector is deliberated. This part shows how post-Brexit changes in the legal environment work on regulatory content concerning air services (traffic and transit rights, airline ownership and control, other rights), airport services, fair competition, aviation safety, aviation security, environment protection, air navigation, aerospace manufacturing, aircraft finance, civil liability and aircrew rights. The following chapters point to the corresponding impact of Brexit on administrative and judiciary institutions and proceedings and on legislative business.
Lastly, the study deliberates on possible solutions to avoid legal incoherence after the UK withdraws form the EU. This part consists of a commentary on the currently proposed post-Brexit arrangements. It also gives essential guidance to the industry and the authorities on both sides of the Channel as to what to expect and how to prepare for the legal earthquake.

The purpose of this research is to provide a comprehensive international legal analysis of the concept of common heritage of mankind as it exists in international space law. In this article scientific methodological approach was used which facilitate determination the whole canvas of the research, identify the main aspects and concepts of the study. The author also widely investigated the concept of common heritage of mankind in the practice of States and international organizations and bodies. Since mankind succeeded to access outer space and opened the window of this infinite realm, the effort was made to systematize spatial activities by codification and adoption numerous international treaties and declarations. One of the significant result of these efforts was the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies that adopted by the United Nations Committee on the Peaceful Uses of Outer Space by consensus on 5 December 1979, declares the Moon and other celestial bodies to be the common heritage of mankind. This Agreement has never been ratified by any State that engaged in self-launched manned space exploration or has plans to do so and thus has an insignificant effect on spatial activities. This article analysis the concept of common heritage of mankind that consists of five elements: non-appropriation, international management of resources, sharing of financial and technological benefits , reservation for peaceful purposes and reservation for further generations. It is shown that the Moon Agreement applying the concept of common heritage of mankind to outer space, Moon and other celestial bodies which has been presented by developing countries to preserve essential resources, always been associated with some problems. Also, on the one hand, there is an attempt to scrutinize these obstacles that prevent applying this concept by paying attention to its challenges. On the other hand, author presents some solutions to strengthen this concept in outer space legal system and motivate space powers to join the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.

Space Traffic Management can be described as technical and regulatory provisions required for guaranteeing safe and interference free operations during launch, suborbital and orbital space activities and atmospheric reentry. During the last decade, the Federal Aviation Administration has recognized that the exponential increase in the rate of development of space technology will create future challenges associated with the resultant increase in volume of space traffic.
While the introduction of new technology is always a challenge for regulatory frameworks, the ‘Space Act 2015’ was passed by the house with a clear majority in May 2015. This legislation proposes to support industry growth by extending the existing semi-comprehensive regulatory regime, creating a pro-growth environment and encourage private sector investment. The ‘Space Act’ clearly shows that US Congress acknowledges this potential future requirement for a more comprehensive framework to address space traffic management of both United States Government assets and United States private sector assets.
As liability is arguably the primary risk facing both the public and private space industry, it seems on first reading that this act purports to create stable and more predictable regulatory conditions and improved safety to boost industry growth and development. This paper discusses whether the proposed changes address identified liability issues and regulatory uncertainties in addition to delivering the foundational requirements which support the United States greater international obligation towards space traffic management.

A comprehensive look at the different aspects of Beijing's ADIZ in the East-China Sea, including the motivations behind the move, the reaction by different countries (including Taiwan and Russia), the origins and evolution of ADIZs in international law, and the underlying conflicts between China and other nations. The paper also provides an overview of ADIZs in international law, indluding their origins and evolution. The connections between EEZs and ADIZs are also noted, together with Chinese perspectives on International Law.

The 59th International Institute of Space Law (IISL) Colloquium on the Law of Outer Space was held from 27–30 September 2016 in Guadalajara, Mexico, in conjunction with the 67th International Astronautical Congress (IAC). Comprised of seven technical sessions and one session for interactive presentations, the Colloquium focused on a range of thematic issues in space law, and featured papers from almost seventy presenters. Topics discussed included the legal aspects related to the remote sensing principles, regional cooperation and Latin American space activities, large satellite constellations, space resource utilization, planetary defence, and spectrum management. The 8th Nandasiri Jasentuliyana Keynote Lecture was delivered by incoming IISL president Kai-Uwe Schrogl, entitled ‘Space Law and Diplomacy’. The Manfred Lachs Space Law Moot Court semi-finals and world finals were also held in Guadalajara, as well the General Assembly of the IISL.

This article is about European Union (EU) Regulation 868 of 2004. It outlines EU rules on subsidy and state aid prior to 2001 and explains how Regulation 868 was a response to the events of September 2001. Regulation 868 is examined, focusing on the definition of subsidy and unfair pricing, the issue of non-commercial advantage and the determination of material injury to the Community air industry. Finally, the article considers the actual effectiveness of the Regulation, calls from the European airline industry for its revision and pragmatic alternatives using air services agreements (ASAs).

The commercialization of space in this century has become a new phenomenon that includes all kinds of activities that lead to exploration and even exploitation in space. These activities are carried out by the private sector or certain countries that have advanced technology capabilities in conducting exploration in space. Exploration activities in space are not only limited to the placement of remote sensing satellites, astronomical observations, power plants, or communication facilities but also led to the exploitation of natural resources in space. This certainly has an impact on Indonesia considering that national legal guarantees are not yet comprehensive in regulating space. Therefore this research was conducted to analyze how national laws regulate aspects of space and how the impact of exploration and exploitation of natural space resources for Indonesia. The results of this study illustrate that the existence of space has an important role for every country, especially Indonesia. Considering the existence and rapid development of space, Indonesia needs to provide a more comprehensive legal guarantee in regulating space, especially in the use of natural space resources.

The cold war took the world by strides after Second World War and continued till early 1990's until the disintegration of the USSR, More than a war, it was an ideological conflict. It was a conflict between what was a better way to run the world-Capitalism or Communism. Cold war refers to a situation where the countries are not actually at war with each other but still tensions prevail between them. It was a decade's long struggle for global domination and impacted each and every aspect of the world from politics to society and from economy to the science. The cold war resulted in the space war between the two power blocs in order to prove their supremacy before the world. During the cold war years a number of missions were undertaken both by the USA and USSR to prove their supremacy. Moreover at the same time so as to prevent the indiscriminate misuse of the space a number of treaties and conventions also came into the picture. This paper focuses on what cold war was and how it resulted in the space war. Along with this various space missions and treaty conventions have also been dealt it detail.

Space infrastructure is now integral to both civilian life and warfare. Belligerents may find great military advantage in destroying a satellite in orbit, but this could have grave consequences for civilians on earth and create long-lasting space debris. This Article identifies the applicable law by harmonizing international humanitarian law, human rights law, and international space law. The Authors conclude that targeting a satellite in armed conflict will be permissible only as a measure of last resort, not of first response.

This paper addresses key challenges as to the legal regime applicable to air launches of space objects. Air launches can have two forms: (a) a system composed of a mothership that operates as an aircraft and carries a rocket-propelled vehicle, which is released at a specific altitude and activates its own engines to reach outer space; (b) a vehicle carrying both air-breathing and rocket engines activates the latter after reaching a certain altitude. From a legal perspective, it is unclear if these systems/vehicles should be treated as aircraft or space objects before separation/activation of rocket propulsion, and, in case of composite systems, after releasing the vehicle carried. The

Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation.
First, it focuses on discrepancies within the regulatory and antitrust framework and possible solutions thereto. Possible strategies for multilateralisation and defragmentation of air law are discussed, including those within the ICAO and WTO systems, as well as privatisation, trans-national cooperation and consolidation between airlines.
This is followed by a debate on international harmonisation of air policy and economic regulation with competition law and policy. This part deliberates on the peculiarities of the latter framework, such as ‘extraterritorial’ application (effects doctrine) and antitrust immunities. Specific legal problems concerning airline alliance activities are also addressed, such as code-sharing, leasing, franchising and common branding, as well as metal-neutral joint ventures and real air carrier mergers.
The discussion extends to competition and possible conflicts between air transport law and other legal regimes, including space law, environmental law (carbon offsetting schemes) and labour law, which are relevant to aviation and growing aerospace activities. The study also contributes to some specific regulatory problems, such as possible regulation of space tourism under air law, airline ownership and control, balance between aviation safety and airline liberalisation, development of regional liberalisation initiatives and solutions to eliminate air connectivity gaps.
The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent world’s key air transport markets and air law academic centres.

Background/Objectives: since the geostationary orbit, is a limited resource located in the outer space, it seems necessary to regulate its use in order to avoid conflicts. In this article, the concept of common heritage of mankind will be examined as an instrument to address questions related to the fair use of this natural resource by developing and developed countries. Methods: the author used scientific methodological approach which facilitates determining the whole canvas of the research, identifying the main aspects and concepts of the study. The research used scientific methods of cognition, i.e. analysis, dialectics and synthesis, the method of generalization and system-structural method. Results: in this article, the author examines the concept of common heritage of mankind and its principles in the field of the geostationary orbit and presents a functional model to administer its affairs. Applications/Improvements: by declaring the geostationary orbit as common heritage of mankind, it would be possible to use them as an instrument to filling the gap between developing and developed countries concerning use of the orbit. Российский университет дружбы народов, г. Москва, Российская Федерация Аннотация. Цели: поскольку геостационарная орбита является ограниченным ресурсом, который на-ходится в космическом пространстве, то представляется необходимым регулировать его использование в соответствии с международным правом, чтобы избежать вероятных конфликтов. В этой статье понятие об-щего наследия человечества будет рассматриваться как инструмент для решения вопросов, связанных со справедливым использованием этого природного ресурса развивающимися и развитыми государствами.

Air travel is the safest method of travel. Nevertheless, despite the fact that there are very few accidents, they do happen. Consequently, this area of air law involves loads of complexities, especially taking into account that the terms " accident " and " injury " have no clearly defined legal meanings. In the last decade, despite the adoption of new standards, European legislation on air carriers' liability seems to be behind the needs of both passengers and air carriers alike. Undoubtedly, there are huge potential exposures for airlines arising not only from a possible individual crash accident, but also from liability extended through the controversial Regulation (EC) 261/2004. The impressive number of passenger complaints filed for delays and cancellations and the conflicts in these matters, best illustrate the need for evolution in this field of air law. Although the Regulation (EC) 261/2004 was one of the most successful areas of EU action in the field of consumer protection and has contributed to the regulation of the internal market for aviation services, it has been severely criticized by the aviation industry: the obligations originally mentioned in its provisions, and in particular those subsequently extended by the EU Court of Justice, imposed serious financial burdens on air carriers, and still pose a challenging legal issue in the relationship between EU law and international standards, in particular the Montreal Convention, and its exclusive liability regulation. By pointing out relevant issues and challenging learning points deriving from several recent cases, the author discusses the legal status of airline liability, touching upon the concept of an " accident " and an " injury " , while drawing connections between EU and international law. The paper also aims at answering whether consumers in the EU have been given a fair level of protection, or are they " overprotected " , as some airlines often argue. Given the fact that it is possible to identify several other concerning areas of possible future airline liability, which could potentially lead to claims involving new high costs (e.g. damages caused by air pollutants in air conditioning systems, exposure to harmful radiation), the air carriers can certainly expect turbulent weather in the future.

The International Civil Aviation Organization (ICAO) is the most complete and global attempt to achieve an international uniformity in issues related to aviation. Nevertheless, given the broad strokes of the Convention on International Civil Aviation and its Annexes, the non-binding status of the recommendations provided by the ICAO´s Documents and the general nature of some International Treaties, the aviation law still relies heavily on the internal laws of each country and the regulations issued by each of the Civil Aviation Authorities of these countries. 
The goal of this paper is to compare the disciplinary systems adopted to punish infringements in aviation law by the main regulatory agencies in aviation matters: the Federal Aviation Administration –FAA- and the European Aviation Safety Agency –EASA-. We will analyze and compare the different procedures and sanctions applied by each of these authorities. Also an evaluation of the punitive systems in hand will be made under the scope of the Law and Economics approach, a school of thought which postulates that economics can be used to determine the appropriate levels of punishments to efficiently deter possible misbehaviors. 
The paper is divided into four parts: the introduction consists on a snapshot of the main institutions and regulatory agencies in aviation law, the second one depicts a summary of the relevant legal aspects of each disciplinary system, the third one is a brief analysis of the described punitive systems from the law and economics approach and finally we will sketch some conclusions.

The signing of the Commercial Space Launch Competitiveness Act into law on November 25, 2015, by President Obama was met with applause from the commercial space industry. The reconciled bill signed by the President contains high-profile additions to the jurisprudence of domestic space law, including the extension of the moratorium on regulation of the commercial spaceflight industry, the extension of indemnification provisions, and a provision that purports to create resource rights in asteroids and other celestial bodies.

One provision of the Commercial Space Launch Competitiveness Act, which amends 51 U.S.C. § 50914, has received little applause and is treated almost as a postscript. This is in of itself is not unusual because the importance of this provision has little appeal or relevance outside of legal circles, yet its inclusion sets the battlefield for the future litigation that will certainly erupt.