Download or read book The Use of Airspace and Outer Space for all Mankind in the 21st Century written by Chia-Jui Cheng and published by BRILL. This book was released on 2023-07-24 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The very nature of international air transportation and outer space activities means that they have an international perspective. This is more evident today than at any time in the past, due to the intensification of trans-boundary trade, the internationalization of the division of work and the acceleration of technological progress. The Asian Institute of Air and Space Law, the Graduate School of Law, Soochow University, Taipei, the International Institute of Air and Space Law, Leiden University, and the Institute of Air and Space Law, McGill University, have instituted international conferences in order to provide a world platform for eminent specialists and scholars. The Tokyo Conference, upon which this excellent collection of papers is based, was concerned with a wide range of legal and practical questions arising from regulatory developments in international air transportation and in the exploration, exploitation and use of outer space and celestial bodies. The main topics of deliberation were: megacarriers in the 21st century, the need to revise the Bermuda Capacity Formula and the Chicago Convention, liability and responsibility in international aviation, safety, security and environment, airline industry competition, legal and political aspects of space transportation and manned space flights, the protection of the space environment and dispute settlement in air and space law. They are discussed in this volume with unparalleled authority.
Download or read book The Use of Airspace and Outer Space for All Mankind in the 21st Century written by Chia-Jui Cheng and published by Martinus Nijhoff Publishers. This book was released on 1995-10-18 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The very nature of international air transportation and outer space activities means that they have an international perspective. This is more evident today than at any time in the past, due to the intensification of trans-boundary trade, the internationalization of the division of work and the acceleration of technological progress. The Asian Institute of Air and Space Law, the Graduate School of Law, Soochow University, Taipei, the International Institute of Air and Space Law, Leiden University, and the Institute of Air and Space Law, McGill University, have instituted international conferences in order to provide a world platform for eminent specialists and scholars. The Tokyo Conference, upon which this excellent collection of papers is based, was concerned with a wide range of legal and practical questions arising from regulatory developments in international air transportation and in the exploration, exploitation and use of outer space and celestial bodies. The main topics of deliberation were: megacarriers in the 21st century, the need to revise the Bermuda Capacity Formula and the Chicago Convention, liability and responsibility in international aviation, safety, security and environment, airline industry competition, legal and political aspects of space transportation and manned space flights, the protection of the space environment and dispute settlement in air and space law. They are discussed in this volume with unparalleled authority.
Download or read book Sovereignty and Jurisdiction in Airspace and Outer Space written by Gbenga Oduntan and published by Routledge. This book was released on 2011-09-12 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.
Download or read book The Utilization of the World s Air Space and Free Outer Space in the 21st Century Proceedings of the International Conference on Air and Space Policy Law and Industry for the 21st Century Held in Seoul from 23 25 June 1997 written by Jiarui Cheng and published by Kluwer Law International B.V.. This book was released on 2000-04-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the International Conference on Air and Space Policy, Law, and Industry for the 21st Century, held in Seoul from 23-25 June 1997.
Download or read book Studies in International Air Law written by Chia-Jui Cheng and published by BRILL. This book was released on 2017-10-30 with total page 1281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in International Air Law: Selected Works of Bin Cheng brings together for the first time the most influential of his many significant works. The selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on board and against aircraft and air carrier's liability. Widely acknowledged as the \'Father of International Air Law," Studies in International Air Law reveals the author's enormous contributions to the science of air law along with his extraordinary intellectual and analytical spirit.
Download or read book Outer Space and Cyber Space written by Annette Froehlich and published by Springer Nature. This book was released on 2021-08-17 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses a broad range of relevant aspects as the outer space and cyber space domain do not only present analogies but are also strongly interrelated. This may occur on various levels by technologies but also in regard to juridical approaches, each nevertheless keeping its particularities. Since modern societies rely increasingly on space applications that depend on cyber space, it is important to investigate how cyberspace and outer space are connected by their common challenges. Furthermore, this book discusses not only questions around their jurisdictions, but also whether the private space industry can escape jurisdiction by dematerializing the space resource commercial processes and assets thanks to cyber technology. In addition, space and cyberspace policies are analysed especially in view of cyber threats to space communications. Even the question of an extra-terrestrial citizenship in outer space and cyberspace may raise new views. Finally, the interdependence between space and cyberspace also has an important role to play in the context of increasing militarization and emerging weaponization of outer space. Therefore, this book invites questioning the similarities and interrelations between Outer Space and Cyber Space in the same way as it intends to strengthen them.
Download or read book Defining the Limits of Outer Space for Regulatory Purposes written by Olavo de Oliviera Bittencourt Neto and published by Springer. This book was released on 2015-05-14 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.
Download or read book Global Issues Surrounding Outer Space Law and Policy written by Kim, Doo Hwan and published by IGI Global. This book was released on 2021-04-23 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations currently has five effective international space treaties, namely the Outer Space Treaty of 1967, Space Rescue Agreement of 1968, Space Liability Convention of 1972, Space Registration Convention of 1975, and Moon Agreement of 1979. However, with recent competition and movements to mine and exploit natural resources from such entities as the moon, asteroids, etc., these outdated treaties no longer address current advancements. It is imperative that new research is undertaken to urge and progress new space laws and policies that strengthen international cooperation and joint undertakings into the exploitation of natural resources from outer space. Global Issues Surrounding Outer Space Law and Policy grants a general understanding for the current issues and methods of solution in the field of outer space law and policy in the global society. It suggests a revision of the five international space treaties and presents a new International Space Agency (ISA) that would use international cooperation and an International Court of Air and Space Law to promote the speed of work and fairness in trials of air and space law cases. Additionally, solutions for the cooperation of the global community towards joint undertakings and exploitation of natural resources in celestial bodies is explored. This book is ideal for lawyers, professors, government officials, space agencies, academicians, researchers, students, and anyone looking to understand the complicated problems and methods of solution in international space law and policy.
Download or read book Basic Documents on International Trade Law written by Chia-Jui Cheng and published by Kluwer Law International B.V.. This book was released on 2012-04-27 with total page 2118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.
Download or read book Handbook of Space Law written by Frans von der Dunk and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 1136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented characte
Download or read book The Environmental Element in Space Law written by Lotta Viikari and published by BRILL. This book was released on 2008-06-19 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Launching Space Objects Issues of Liability and Future Prospects written by Valérie Kayser and published by Springer Science & Business Media. This book was released on 2001-10-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.
Download or read book National Space Law in China written by Yun Zhao and published by Hotei Publishing. This book was released on 2015-01-23 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In National Space Law in China, Yun Zhao examines space laws, regulations and policies in China. As the first English monograph on national space legislation in China, this book shall contribute to the understanding of China’s space law regime.
Download or read book International Law written by Sanford Silverburg and published by Routledge. This book was released on 2018-04-19 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring original contributions from well-established scholars and emerging stars in law and politics, this cutting-edge reader provides students with a succinct overview of the key issues facing international law today. The authors range from political science and law school instructors to professional researchers and lawyers in private practice, and they offer diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. Topics include R2P (Responsibility to Protect) and universal jurisdiction, noterritorial subjects of international law, international political economics (IPE), the International Court of Justice (ICJ), international humanitarian law (IHL), the environment, political violence and terrorism, and post-colonialism. A concluding section on international political interaction covers a wide range of issues that link international politics to international law. Offering the most inclusive and contemporary body of material available, International Law: Contemporary Issues and Future Developments is an essential resource for courses on politics and international law.
Download or read book Civil Liability for Damage Caused by Global Navigation Satellite System written by Dejian Kong and published by Kluwer Law International B.V.. This book was released on 2019-05-24 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has come to pass that national security, economic growth, and transportation safety – not to mention such infrastructure as banking and electricity – are severely dependent on the positioning information, navigation capabilities, and time dissemination provided by Global Navigation Satellite System (GNSS). However, GNSS is not risk-free. The more humanity depends on GNSS, the more risks it has to face. It is irresponsible to wait for an accident to happen merely to justify the need for an appropriate GNSS civil liability regime. This hugely important book examines the structure of such a regime in unprecedented depth and proposes a uniform governance structure composed of an institutional framework and a legal system for GNSS, with safety-of-life signals at its core. Exploring whether the current international law (including air law and space law conventions) is adequate to deal with the issue of civil liability in the context of GNSS, the author confronts and responds to such crucial issues as the following: ensuring that parties suffering damage caused by GNSS get fair, prompt, and adequate compensation; balancing the interests of the GNSS industry in order for it to maintain its sustainable development; identifying legal gaps arising in the GNSS context and how we should move forward; determining which parts of the value chain of GNSS may qualify as origins of damage; and construing GNSS civil liability mainly from contractual, product, and general tort liability perspectives. The author assesses various solutions for GNSS civil liability based on their feasibility, including an institutional defence against the doctrine of sovereign immunity and recommendations on how several international organisations can work together in this endeavour. He examines scholarships, travaux préparatoires, conference documents, and treaties, as well as national legislation. A hypothetical case where damage is caused by GNSS is elaborated, illustrating each legal relationship and causal link. In its committed urging of GNSS signal providers to improve the stability of the satellite navigation systems and its insightful recommendations on how to promote public safety, this book offers a roadmap indicating a truly viable international regime of GNSS civil liability. Relevant international organisations and States, as well as practitioners, are sure to respond positively to its unique and important analysis.
Download or read book Aeronautical Public Correspondence by Satellite written by Tare Brisibe and published by Eleven International Publishing. This book was released on 2006 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Download or read book The Resolution of Inter State Disputes in Civil Aviation written by Luping Zhang and published by Oxford University Press. This book was released on 2022-01-06 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.
