The aim of this unique volume is twofold. First and foremost, it sets out to offer the reader a comprehensive and challenging view, from some of the most distinguished scholars in the field, of present and future trends and issues in the fields of international air and space law. By breaking new ground in this way, it pays tribute to the scholarly achievements of Henri (Or) Wassenbergh, whose ideas and work have helped to shape both air and space law throughout his long and distinguished career. "Air and Space Law: De Lege Ferenda" will be of interest to all those concerned with the present status of air and space law, and with the challenges the aviation and space industry must face in the century to come.
While decades of space ventures have led to significant technological advances, space activities have also brought increasing environmental problems. This book examines the current international legal regimes in space law and environmental law in order to ascertain their applicability and efficacy in addressing environmental threats in the space sector. The research suggests mechanisms which could improve environmental protection in the sector and strengthen the environmental element in space law. These mechanisms include a variety of norm-setting strategies used in international environmental management. Special attention is drawn to the potential of environmental impact assessment in the space sector and to dispute resolution procedures. Like other areas of human activities, the space sector should accommodate both economic interests and environmental protection in line with the principle of sustainable development
This book is based on the findings, conclusions and recommendations of the Global Space Governance study commissioned by the 2014 Montreal Declaration that called upon civil society, academics, governments, the private sector, and other stakeholders to undertake an international interdisciplinary study. The study took three years to complete. It examines the drivers of space regulations and standards, key regulatory problems, and especially addresses possible improvements in global space governance. The world's leading experts led the drafting of chapters, with input from academics and knowledgeable professionals in the public and private sectors, intergovernmental organizations, and nongovernmental organizations from all the regions of the world with over 80 total participants. This book and areas identified for priority action are to be presented to the UN Committee on the Peaceful Uses of Outer Space and it is hoped will be considered directly or indirectly at the UNISPACE+50 event in Vienna, Austria, in 2018. The report, a collective work of all the contributors, includes objective analysis and frank statements expressed without pressure of political, national, and occupational concerns or interest. It is peer-reviewed and carefully edited to ensure its accuracy, preciseness, and readability. It is expected that the study and derivative recommendations will form the basis for deliberations and decisions at international conferences and meetings around the world on the theme of global space governance. This will hopefully include future discussion at the UN Committee on the Peaceful Uses of Outer Space.
The existence of international law, with its rights, rules and regulations is futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a consideration of issues from an international and interdisciplinary perspective. These issues range from policies of regional and international organizations; to juridical dispute settlement and global governance; to fiscal entrepreneurship and business efficacy; and to scientific breakthroughs and technological advances. In this context, this book looks at an international and interdisciplinary approach in dealing with dispute resolution in space activities. It proposes a workable legal framework for dispute resolution in outer space, together with a mechanism for enforcement and verification.
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.
"This book offers a compact - yet exhaustive - and easily comprehensible reference book that deals with the most general aspects of international air law, as well as with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. This book cannot fail to be of importance to anyone interested in international air law."--Jacket.
This book covers the evolution of satellite based Aeronautical Public Correspondence and the operational environment in which services are being offered. Followed by an examination of applicable rules, including the relevant institutions from which they emanate, attention is devoted to the effect of State Sovereignty applicable in jurisdictions such as territorial airspace, the Arctic, Antarctica, and the High Seas as well as to activities such as telecommunications, air transport, copyright protection and trade in services. Particular attention is given to the ITU Radio Regulations; ITU Sector Recommendations; ICAO Council Resolutions; International Copyright Laws; National Operational Procedures and Statutes. A presentation of the relevant Laws and Regulations currently in force is made, while the subject of Liability is analysed against the backdrop of Case Law and legal instruments in the context of both Public and Private International Law. Looking to the future, the volume discusses the influence of Convergence and the need for more appropriate Regulations. It concludes with a 'Draft Agreement on the Use of Aircraft Earth Stations for Non-Safety Purposes'.
International Space Law and the United Nations is a comprehensive collection of writings by the author on this latest branch of international law. The book covers a number of subjects highlighted by discussions of the United Nations Committee on the Peaceful Uses of Outer Space and its Legal Subcommittee. The book also takes into account the influences that international organizations have had on the development of space law and includes several perspectives of developing countries on this subject. This publication is an outstanding educational and reference tool, as the author tackles this complex subject in an organized and rational manner. The author, a key participant at the United Nations in the development of international law relating to activities in space, traces the history of that development, giving clear insight into the workings of the Committee on the Peaceful Uses of Outer Space, and establishes space law as a distinct legal discipline. Subsequent chapters are devoted to the various issues that have given rise to the growth of this discipline, including arms control; economic and social development; specific provisions contained in the outer space treaties and how they relate to practical matters, such as dispute resolution; private sector growth and commercialization in space activities; international cooperative programmes, particularly those developed under the auspices of the United Nations, and recent developments and future issues facing the space-faring community. The book is an excellent source for further research in the field of space law. It is a must for students and practitioners and those interested in international organizations.
