This document discusses the legal regimes governing space transportation systems. It notes a lack of clarity between existing air and space law, which were developed before space transportation existed. It examines two approaches to determining which law applies: the functionalist approach, which considers the vehicle's purpose and characteristics, and the spatialist approach, which considers where the vehicle is located. Problems with both approaches are discussed. The document also addresses which substantive rules of air law or space law may apply, such as registration, safety and navigation.
The Chicago Convention of 1944 established the foundational principles of international air law and created the International Civil Aviation Organization (ICAO). It replaced the Paris Convention of 1919 as the primary source of public international air law. The Convention provided for national sovereignty over airspace, defined the nationality of aircraft, established duties of states regarding aircraft registration and safety standards, and allowed for freedoms of aviation subject to state consent. It formed the basis for further development of international civil aviation law and policy through ICAO standards and bilateral air transport agreements.
This document provides an overview of international air law, beginning with an introduction to different types of aviation regulations: national, bilateral, regional, and global. It then discusses several key aspects of international air law in more detail, including the Chicago Convention of 1944 which established the basic framework for international commercial aviation. The Chicago Convention set up the International Civil Aviation Organization and addressed issues like nationality and registration of aircraft, facilitation of air navigation, and adoption of international standards. The document also covers the Warsaw system addressing aviation liability.
Title to Territory, Air space, Outer space and Watersanariaz30
1) The document discusses different aspects of title to territory, air space, outer space, and water under international law. It defines title to territory as showing that a state has sovereignty over a territory and discusses the importance of and historical basis for title.
2) It describes air space as the area above a nation's territory that belongs to the controlling government, and outlines conventions and treaties governing air space use. Outer space is defined as the area beyond Earth's atmosphere inhabited by other celestial bodies.
3) The document also outlines different coastal zones under the law of the sea - territorial waters, contiguous zone, exclusive economic zone, and high seas - and the rights and limitations of states in each.
(i) The 1963 Tokyo Convention aimed to achieve international uniformity in rules for prosecuting crimes on aircraft and granted the state of registry primary jurisdiction.
(ii) It allowed aircraft commanders to take reasonable measures to maintain safety and order onboard and provided them immunity from liability.
(iii) However, the convention lacked mandatory jurisdiction requirements and had gaps that could allow offenders to escape punishment due to unclear or optional responsibilities of states involved.
This document provides an introduction and literature review for a thesis examining the legal framework surrounding personal air-land vehicles (PAL-Vs), which are vehicles capable of both flying and driving. The introduction discusses the history of PAL-V concepts and current developments making them more viable. It outlines the research questions regarding whether current aviation law can support mass PAL-V use and if the law needs minor changes or a revolutionary reworking. Following sections describe the thesis' methods, relevant literature, and breakdown of subsequent chapters analyzing how law adapts to technology and examining PAL-V regulatory issues.
The Legal Framework for the Operation of Unmanned Aircraft Systems, Morgan Jo...TWCA
The document summarizes the legal framework for operating unmanned aircraft systems (UAS or drones) in the United States. It discusses the Federal Aviation Administration's (FAA) regulations for UAS and how they have evolved since 1966. It also discusses state laws regulating drones, including recent Texas legislation. Some legal issues that drone operation may implicate are also outlined, such as property rights, privacy, and liability.
This document discusses the legal issues surrounding the development of commercial space travel. It begins by providing background on the history of space exploration. It then examines issues like spacecraft certification and registration requirements, passenger health and safety rules, and anti-terrorism measures. It also discusses jurisdictional responsibility and liability in the event of an accident. The document argues that regulatory agencies like the FAA and OCST will need to address these issues as the commercial space industry continues to grow, and that international agreements will be needed to handle liability claims across borders. Overall, the document calls for comprehensive legal frameworks to enable the safe development of commercial space transportation.
The Chicago Convention of 1944 established the foundational principles of international air law and created the International Civil Aviation Organization (ICAO). It replaced the Paris Convention of 1919 as the primary source of public international air law. The Convention provided for national sovereignty over airspace, defined the nationality of aircraft, established duties of states regarding aircraft registration and safety standards, and allowed for freedoms of aviation subject to state consent. It formed the basis for further development of international civil aviation law and policy through ICAO standards and bilateral air transport agreements.
This document provides an overview of international air law, beginning with an introduction to different types of aviation regulations: national, bilateral, regional, and global. It then discusses several key aspects of international air law in more detail, including the Chicago Convention of 1944 which established the basic framework for international commercial aviation. The Chicago Convention set up the International Civil Aviation Organization and addressed issues like nationality and registration of aircraft, facilitation of air navigation, and adoption of international standards. The document also covers the Warsaw system addressing aviation liability.
Title to Territory, Air space, Outer space and Watersanariaz30
1) The document discusses different aspects of title to territory, air space, outer space, and water under international law. It defines title to territory as showing that a state has sovereignty over a territory and discusses the importance of and historical basis for title.
2) It describes air space as the area above a nation's territory that belongs to the controlling government, and outlines conventions and treaties governing air space use. Outer space is defined as the area beyond Earth's atmosphere inhabited by other celestial bodies.
3) The document also outlines different coastal zones under the law of the sea - territorial waters, contiguous zone, exclusive economic zone, and high seas - and the rights and limitations of states in each.
(i) The 1963 Tokyo Convention aimed to achieve international uniformity in rules for prosecuting crimes on aircraft and granted the state of registry primary jurisdiction.
(ii) It allowed aircraft commanders to take reasonable measures to maintain safety and order onboard and provided them immunity from liability.
(iii) However, the convention lacked mandatory jurisdiction requirements and had gaps that could allow offenders to escape punishment due to unclear or optional responsibilities of states involved.
This document provides an introduction and literature review for a thesis examining the legal framework surrounding personal air-land vehicles (PAL-Vs), which are vehicles capable of both flying and driving. The introduction discusses the history of PAL-V concepts and current developments making them more viable. It outlines the research questions regarding whether current aviation law can support mass PAL-V use and if the law needs minor changes or a revolutionary reworking. Following sections describe the thesis' methods, relevant literature, and breakdown of subsequent chapters analyzing how law adapts to technology and examining PAL-V regulatory issues.
The Legal Framework for the Operation of Unmanned Aircraft Systems, Morgan Jo...TWCA
The document summarizes the legal framework for operating unmanned aircraft systems (UAS or drones) in the United States. It discusses the Federal Aviation Administration's (FAA) regulations for UAS and how they have evolved since 1966. It also discusses state laws regulating drones, including recent Texas legislation. Some legal issues that drone operation may implicate are also outlined, such as property rights, privacy, and liability.
This document discusses the legal issues surrounding the development of commercial space travel. It begins by providing background on the history of space exploration. It then examines issues like spacecraft certification and registration requirements, passenger health and safety rules, and anti-terrorism measures. It also discusses jurisdictional responsibility and liability in the event of an accident. The document argues that regulatory agencies like the FAA and OCST will need to address these issues as the commercial space industry continues to grow, and that international agreements will be needed to handle liability claims across borders. Overall, the document calls for comprehensive legal frameworks to enable the safe development of commercial space transportation.
This document provides an overview of space law and argues that it is a legal fiction. It discusses the origins of space law in treaties from the early 20th century dealing with airspace, and how the concept of outer space was not clearly defined. It notes that countries had varying definitions of where airspace ends and outer space begins. The document also examines concepts in space law like national sovereignty over space and the domination of space, arguing these are based more on human constructs than physical realities. Overall, the document analyzes space law through the lens of it being a legal fiction created by humans rather than having a real physical basis.
The document provides an overview of various types of aviation regulations including national, bilateral, regional, and international regulations. It discusses in detail national aviation regulations in India and their objectives. It also explains bilateral aviation agreements, including their purpose and typical features. Regional aviation regulations in Europe and North America are briefly mentioned. The history and development of global aviation law through various conferences and conventions such as Chicago (1944) are summarized as well.
Chris johnson remarks at galloway xi on establishing international norms and ...Christopher Johnson
The document discusses the need to establish international norms and rules for space activities given the many ambitious and varied activities being planned in outer space. It summarizes some of the planned activities, including megaconstellations of satellites, commercial space stations, planetary exploration, and more. It then questions whether the existing international space law framework is adequate to address these activities, noting the framework was established 50 years ago and did not anticipate modern commercial activities. The document discusses gaps and silences in the current laws and various pathways to address these, including unilateral and multilateral developments to clarify rights and obligations.
Deficiencies and Pressing Issues in the Existing Legal Regime of Outer SpaceChristopher Johnson
It is increasingly clear that the body of international space law, drafted in the 1960s and 70s (and showing the hallmarks of that era), has a number of deficiencies in relation to existing, emerging, and proposed space activities. These deficiencies include both intended deficiencies in the law—where the drafters refrained from lawmaking (either out of modesty or political expediency); as well as unintended and emergent deficiencies (where technological progress in spaceflight technologies and capabilities were not addressed in the law because they were simply not imagined at the time).
SWF Statement on Agenda Item 14. General Exchange on Space ResourcesChristopher Johnson
The Secure World Foundation welcomed discussion on potential legal models for exploring, exploiting, and utilizing space resources, as current international space law is largely silent on these issues. While activities to interact with and make productive use of celestial resources are still years away, differing views already exist. International space law contains gaps and unclear areas, known as lacunae or non-liquet situations, when it comes to regulating the use of space resources. As an open legal system, space law can be refined and clarified through further agreements and legislation to address technological progress.
SWF Statement on Agenda Item 14. General Exchange on Space ResourcesChristopher Johnson
The Secure World Foundation welcomed a discussion on potential legal models for exploring, exploiting, and utilizing space resources. While such activities are still years away, differing views exist among space actors. Current international space law is essentially silent on proposed activities to extract and use resources like water and minerals from celestial bodies. Neither making these activities clearly permissible or prohibited, the law's application is unclear. As an open legal system, international space law can be elaborated and refined through instruments like treaties and conventions. The Secure World Foundation supports further clarifying the legal complexities around accessing and using space resources through both national and multilateral approaches.
UNMANNED SURFACE VEHICLE (USV) FOR COASTAL SURVEILLANCEIAEME Publication
The purpose of this paper is to design and fabricate an unmanned surface vehicle (USV) for the coastal surveillance for the maritime of India. It aims to monitor territorial waters on a round-the-clock basis and allows the intelligence to take appropriate action to prevent terrorism, illegal smuggling and human trafficking as the continuous use of an aircraft for surveillance is prohibitively expensive along the Indian coastline which is a massive stretch measuring 7,517km.In this paper an Air Cushioned Vehicle (ACV) popularly known as a Hovercraft is chosen for surveillance as it has the ability to traverse any surface compared to other coastguard vessels thereby earning the title of amphibious boats. Its ability to access 75% of littoral allows them to come on shore during emergencies unlike conventional coastguards that have only 5% littoral access and cannot enter shallow water.
This document discusses environmental protection in outer space regarding space debris. It provides context on the growing issue of space debris, including that over 500,000 pieces larger than 1 cm exist. Current space law, including the Outer Space Treaty, establishes states are responsible for national space activities and must conduct activities with due regard to other states' interests. Key obligations discussed are preventing/minimizing space debris risks, exchanging collision data, potential removal/recycling responsibilities, and allocating financial burdens. The conclusion notes space law needs clarification to more efficiently address space debris issues and any legal improvements require cooperation among space-faring nations.
“Sometimes, you don’t need to hear their excuses or what they have to say for themselves because their actions already spoke the truth.” – WorkingWomen.com
Air & Space Law - Pengertian, Istilah dan Sumber Hukum Udara dan AngkasaMariske Myeke Tampi
The document discusses the scope of discussions for air and space law before mid-semester which includes definitions, sources of law, international conventions, and several Indonesian laws and regulations related to air transportation. It provides definitions of air and space law from various sources and discusses sources of international air and space law such as multilateral treaties, bilateral agreements, customary international law, general principles of law, legal doctrines, and jurisprudence. It also outlines some national laws and regulations in Indonesia implementing air transportation.
Convention On International Civil Aviation (Chicago Convention), 1944.
The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.
Assignment On: Tokyo Convention: Offences, Jurisdiction (Include cases), Air ...Asian Paint Bangladesh Ltd
This document provides an overview and analysis of the Tokyo Convention of 1963, an international treaty regarding offenses committed on aircraft. It discusses key provisions such as the convention applying to criminal offenses and acts affecting flight safety. It also examines jurisdictional issues, such as a state other than the state of registration only being able to exercise jurisdiction under limited conditions. The document also analyzes related conventions and problems regarding jurisdiction over crimes committed on aircraft.
This document analyzes the current status of space law and conventions regarding sovereignty in outer space. It discusses key treaties like the Outer Space Treaty of 1967 and the Moon Treaty of 1979. While these treaties established some framework, many challenges remain unaddressed. Issues around defining boundaries between airspace and outer space, liability for damage, and jurisdiction over objects in space continue to be debated. The document concludes more work is still needed to harmonize regulations and reduce ambiguity regarding sovereignty and activities in outer space.
- Space law governs the exploration and use of outer space and aims to ensure peaceful and responsible use.
- The key principles of space law were established in the Outer Space Treaty of 1967, including the prohibition of military uses of space and the freedom of access to space by all nations.
- Space law recognizes principles such as the non-appropriation of celestial bodies, liability for damage from space activities, and international cooperation in space activities.
The document discusses regulations for the civil applications of unmanned aerial vehicles (UAVs). It provides an overview of UAV types and applications, both military and civil. It discusses key international regulations like the Missile Technology Control Regime (MTCR) and challenges around integrating UAVs into non-segregated airspace. The document proposes three modes of decentralized airspace management to enable autonomous UAV operations: centralized, cooperative decentralized, and non-cooperative decentralized.
The document provides an introduction to aviation, including definitions and key terms. It discusses the history of flight from early innovations to modern air transport. It also outlines various aviation organizations such as ICAO, IATA, DGCA and BCAS that regulate international air travel and ensure safety standards. Profitability in the airline industry fluctuated during the pandemic but is expected to recover by 2023.
2013-09-13_LCGGS_CUSST_Leuven_EASA_Paper_Marciacq et al_finalJean-Bruno Marciacq
This document discusses establishing a regulatory framework in the EU for sub-orbital and orbital aircraft (SOA) development and operations, with a focus on the role of the European Aviation Safety Agency (EASA). It provides background on SOA projects in Europe and the US. EASA's remit includes regulating aviation safety, and SOA could in principle fall under this. The document reviews relevant international law and outlines options for developing regulations to allow safe and environmentally controlled SOA operations in Europe.
This document provides an overview of space law and argues that it is a legal fiction. It discusses the origins of space law in treaties from the early 20th century dealing with airspace, and how the concept of outer space was not clearly defined. It notes that countries had varying definitions of where airspace ends and outer space begins. The document also examines concepts in space law like national sovereignty over space and the domination of space, arguing these are based more on human constructs than physical realities. Overall, the document analyzes space law through the lens of it being a legal fiction created by humans rather than having a real physical basis.
The document provides an overview of various types of aviation regulations including national, bilateral, regional, and international regulations. It discusses in detail national aviation regulations in India and their objectives. It also explains bilateral aviation agreements, including their purpose and typical features. Regional aviation regulations in Europe and North America are briefly mentioned. The history and development of global aviation law through various conferences and conventions such as Chicago (1944) are summarized as well.
Chris johnson remarks at galloway xi on establishing international norms and ...Christopher Johnson
The document discusses the need to establish international norms and rules for space activities given the many ambitious and varied activities being planned in outer space. It summarizes some of the planned activities, including megaconstellations of satellites, commercial space stations, planetary exploration, and more. It then questions whether the existing international space law framework is adequate to address these activities, noting the framework was established 50 years ago and did not anticipate modern commercial activities. The document discusses gaps and silences in the current laws and various pathways to address these, including unilateral and multilateral developments to clarify rights and obligations.
Deficiencies and Pressing Issues in the Existing Legal Regime of Outer SpaceChristopher Johnson
It is increasingly clear that the body of international space law, drafted in the 1960s and 70s (and showing the hallmarks of that era), has a number of deficiencies in relation to existing, emerging, and proposed space activities. These deficiencies include both intended deficiencies in the law—where the drafters refrained from lawmaking (either out of modesty or political expediency); as well as unintended and emergent deficiencies (where technological progress in spaceflight technologies and capabilities were not addressed in the law because they were simply not imagined at the time).
SWF Statement on Agenda Item 14. General Exchange on Space ResourcesChristopher Johnson
The Secure World Foundation welcomed discussion on potential legal models for exploring, exploiting, and utilizing space resources, as current international space law is largely silent on these issues. While activities to interact with and make productive use of celestial resources are still years away, differing views already exist. International space law contains gaps and unclear areas, known as lacunae or non-liquet situations, when it comes to regulating the use of space resources. As an open legal system, space law can be refined and clarified through further agreements and legislation to address technological progress.
SWF Statement on Agenda Item 14. General Exchange on Space ResourcesChristopher Johnson
The Secure World Foundation welcomed a discussion on potential legal models for exploring, exploiting, and utilizing space resources. While such activities are still years away, differing views exist among space actors. Current international space law is essentially silent on proposed activities to extract and use resources like water and minerals from celestial bodies. Neither making these activities clearly permissible or prohibited, the law's application is unclear. As an open legal system, international space law can be elaborated and refined through instruments like treaties and conventions. The Secure World Foundation supports further clarifying the legal complexities around accessing and using space resources through both national and multilateral approaches.
UNMANNED SURFACE VEHICLE (USV) FOR COASTAL SURVEILLANCEIAEME Publication
The purpose of this paper is to design and fabricate an unmanned surface vehicle (USV) for the coastal surveillance for the maritime of India. It aims to monitor territorial waters on a round-the-clock basis and allows the intelligence to take appropriate action to prevent terrorism, illegal smuggling and human trafficking as the continuous use of an aircraft for surveillance is prohibitively expensive along the Indian coastline which is a massive stretch measuring 7,517km.In this paper an Air Cushioned Vehicle (ACV) popularly known as a Hovercraft is chosen for surveillance as it has the ability to traverse any surface compared to other coastguard vessels thereby earning the title of amphibious boats. Its ability to access 75% of littoral allows them to come on shore during emergencies unlike conventional coastguards that have only 5% littoral access and cannot enter shallow water.
This document discusses environmental protection in outer space regarding space debris. It provides context on the growing issue of space debris, including that over 500,000 pieces larger than 1 cm exist. Current space law, including the Outer Space Treaty, establishes states are responsible for national space activities and must conduct activities with due regard to other states' interests. Key obligations discussed are preventing/minimizing space debris risks, exchanging collision data, potential removal/recycling responsibilities, and allocating financial burdens. The conclusion notes space law needs clarification to more efficiently address space debris issues and any legal improvements require cooperation among space-faring nations.
“Sometimes, you don’t need to hear their excuses or what they have to say for themselves because their actions already spoke the truth.” – WorkingWomen.com
Air & Space Law - Pengertian, Istilah dan Sumber Hukum Udara dan AngkasaMariske Myeke Tampi
The document discusses the scope of discussions for air and space law before mid-semester which includes definitions, sources of law, international conventions, and several Indonesian laws and regulations related to air transportation. It provides definitions of air and space law from various sources and discusses sources of international air and space law such as multilateral treaties, bilateral agreements, customary international law, general principles of law, legal doctrines, and jurisprudence. It also outlines some national laws and regulations in Indonesia implementing air transportation.
Convention On International Civil Aviation (Chicago Convention), 1944.
The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.
Assignment On: Tokyo Convention: Offences, Jurisdiction (Include cases), Air ...Asian Paint Bangladesh Ltd
This document provides an overview and analysis of the Tokyo Convention of 1963, an international treaty regarding offenses committed on aircraft. It discusses key provisions such as the convention applying to criminal offenses and acts affecting flight safety. It also examines jurisdictional issues, such as a state other than the state of registration only being able to exercise jurisdiction under limited conditions. The document also analyzes related conventions and problems regarding jurisdiction over crimes committed on aircraft.
This document analyzes the current status of space law and conventions regarding sovereignty in outer space. It discusses key treaties like the Outer Space Treaty of 1967 and the Moon Treaty of 1979. While these treaties established some framework, many challenges remain unaddressed. Issues around defining boundaries between airspace and outer space, liability for damage, and jurisdiction over objects in space continue to be debated. The document concludes more work is still needed to harmonize regulations and reduce ambiguity regarding sovereignty and activities in outer space.
- Space law governs the exploration and use of outer space and aims to ensure peaceful and responsible use.
- The key principles of space law were established in the Outer Space Treaty of 1967, including the prohibition of military uses of space and the freedom of access to space by all nations.
- Space law recognizes principles such as the non-appropriation of celestial bodies, liability for damage from space activities, and international cooperation in space activities.
The document discusses regulations for the civil applications of unmanned aerial vehicles (UAVs). It provides an overview of UAV types and applications, both military and civil. It discusses key international regulations like the Missile Technology Control Regime (MTCR) and challenges around integrating UAVs into non-segregated airspace. The document proposes three modes of decentralized airspace management to enable autonomous UAV operations: centralized, cooperative decentralized, and non-cooperative decentralized.
The document provides an introduction to aviation, including definitions and key terms. It discusses the history of flight from early innovations to modern air transport. It also outlines various aviation organizations such as ICAO, IATA, DGCA and BCAS that regulate international air travel and ensure safety standards. Profitability in the airline industry fluctuated during the pandemic but is expected to recover by 2023.
2013-09-13_LCGGS_CUSST_Leuven_EASA_Paper_Marciacq et al_finalJean-Bruno Marciacq
This document discusses establishing a regulatory framework in the EU for sub-orbital and orbital aircraft (SOA) development and operations, with a focus on the role of the European Aviation Safety Agency (EASA). It provides background on SOA projects in Europe and the US. EASA's remit includes regulating aviation safety, and SOA could in principle fall under this. The document reviews relevant international law and outlines options for developing regulations to allow safe and environmentally controlled SOA operations in Europe.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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San Remo Manual on International Law Applicable to Armed Conflict at Sea
Law governing air transportation.pdf
1. THE LEGAL REGIMES
THE LEGAL REGIMES
GOVERNING SPACE
GOVERNING SPACE
TRANSPORTATION SYSTEMS
TRANSPORTATION SYSTEMS
Prof. Dr. Paul Stephen Dempsey
Prof. Dr. Paul Stephen Dempsey
M
MC
CGill
Gill University
University
Institute of Air & Space Law
Institute of Air & Space Law
2. Space transportation is the next logical step
Space transportation is the next logical step
beyond space tourism.
beyond space tourism.
3. Lack of Clarity in the Law
Lack of Clarity in the Law
ƒ
ƒThe existing regimes of Air Law
The existing regimes of Air Law
and Space Law were developed at
and Space Law were developed at
a time when the technology for
a time when the technology for
Earth
Earth-
-to
to-
-Earth aerospace
Earth aerospace
movements did not yet exist.
movements did not yet exist.
ƒ
ƒThus, there is not yet a unified or
Thus, there is not yet a unified or
integrated regime of Aerospace
integrated regime of Aerospace
Law, and there appears to be
Law, and there appears to be
much overlap and inconsistency
much overlap and inconsistency
between the regimes of Air Law
between the regimes of Air Law
and Space Law.
and Space Law.
4. WHICH LAW APPLIES?
WHICH LAW APPLIES?
AIR LAW OR SPACE LAW?
AIR LAW OR SPACE LAW?
We examine the
We examine the
functionalist approach,
functionalist approach,
and the
and the spatialist
spatialist
approach.
approach.
5. THE FUNCTIONALIST
THE FUNCTIONALIST
APPROACH: PRECISELY,
APPROACH: PRECISELY,
WHAT IS IT?
WHAT IS IT?
ƒ
ƒ Is the vehicle an aircraft, a space object, or an
Is the vehicle an aircraft, a space object, or an
aerospace object?
aerospace object?
ƒ
ƒ What is its purpose and function, or its destination?
What is its purpose and function, or its destination?
Is it to go into outer space for purposes of orbit, to
Is it to go into outer space for purposes of orbit, to
conduct outer space activities (an Earth
conduct outer space activities (an Earth-
-Space
Space
mission), or to provide transportation from one
mission), or to provide transportation from one
point on Earth to another (an Earth
point on Earth to another (an Earth-
-to
to-
-Earth
Earth
mission)?
mission)?
ƒ
ƒ Another approach is to consider the technological
Another approach is to consider the technological
properties, functional characteristics, design and
properties, functional characteristics, design and
aerodynamics of the vehicle.
aerodynamics of the vehicle.
6. Is it an
Is it an
“
“Aircraft
Aircraft”
”?
?
ƒ
ƒ The Chicago Convention
The Chicago Convention
does not define the term
does not define the term
“
“aircraft
aircraft”
”.
.
ƒ
ƒ Annex 7 defines
Annex 7 defines aircraft
aircraft as
as
“
“Any machine that can derive
Any machine that can derive
support in the atmosphere
support in the atmosphere
from the reactions of the air
from the reactions of the air
other than the reactions of
other than the reactions of
the air against the earth's
the air against the earth's
surface."
surface."
ƒ
ƒ Under this definition, an
Under this definition, an
aerospace vehicle launched
aerospace vehicle launched
by rocket would not be
by rocket would not be
considered an aircraft on the
considered an aircraft on the
ascent phase of its flight, but
ascent phase of its flight, but
might well on the descent
might well on the descent
phase.
phase.
7. Is it a
Is it a “
“Space Object
Space Object”
”
ƒ
ƒ If the vehicle is a
If the vehicle is a “
“space object
space object”
”, presumably
, presumably
Space Law applies to it.
Space Law applies to it.
ƒ
ƒ However, none of the five Space Law Conventions
However, none of the five Space Law Conventions
define precisely what is a space object, and none
define precisely what is a space object, and none
were drafted with any thought given to commercial
were drafted with any thought given to commercial
space transportation.
space transportation.
ƒ
ƒ Presumably, a spacecraft should be capable of
Presumably, a spacecraft should be capable of
moving in outer space (either orbital or suborbital)
moving in outer space (either orbital or suborbital)
without any support from the air, and it would have
without any support from the air, and it would have
a power source not dependent upon external
a power source not dependent upon external
oxygen.
oxygen.
8. Is it an
Is it an “
“Aerospace Vehicle
Aerospace Vehicle”
”?
?
ƒ
ƒ What if the space transportation vehicle is a
What if the space transportation vehicle is a
hybrid aerospace object, one capable of
hybrid aerospace object, one capable of
achieving lift and thereby flying in airspace
achieving lift and thereby flying in airspace
(on ascent, descent, or both), and also
(on ascent, descent, or both), and also
traveling in outer space?
traveling in outer space?
ƒ
ƒ Such a vehicle might be considered a space
Such a vehicle might be considered a space
object during its takeoff supported by
object during its takeoff supported by
rockets, and during the weightless portion of
rockets, and during the weightless portion of
its flight through space, then an aircraft
its flight through space, then an aircraft
during descent and landing.
during descent and landing.
9. Problems with the Functionalist
Problems with the Functionalist
Approach
Approach
ƒ
ƒ Because aerospace vehicles share airspace with
Because aerospace vehicles share airspace with
commercial aircraft, the rules of air safety and
commercial aircraft, the rules of air safety and
navigation must be harmonious.
navigation must be harmonious.
ƒ
ƒ If they operate under two separate regimes, the
If they operate under two separate regimes, the
danger of aircraft and aerospace vehicle collision
danger of aircraft and aerospace vehicle collision
arises.
arises.
ƒ
ƒ Moreover, the
Moreover, the spatialist
spatialist approach offers greater
approach offers greater
certainty as to the legal regime applicable,
certainty as to the legal regime applicable,
particularly on the rules of navigation governing
particularly on the rules of navigation governing
commonly used airspace.
commonly used airspace.
10. THE SPATIALIST APPROACH:
THE SPATIALIST APPROACH:
PRECISELY, WHERE IS IT?
PRECISELY, WHERE IS IT?
Territorial Air Space Under Air Law
Territorial Air Space Under Air Law
•
•The
The Chicago Convention
Chicago Convention affirms the preexisting
affirms the preexisting
customary international law rule that each State enjoys
customary international law rule that each State enjoys
complete and exclusive sovereignty in the airspace
complete and exclusive sovereignty in the airspace
above its territory.
above its territory.
•
•Airspace over territorial seas also belongs to the
Airspace over territorial seas also belongs to the
coastal State. Thus, an object flying through territorial
coastal State. Thus, an object flying through territorial
airspace would fall under the domestic aviation laws of
airspace would fall under the domestic aviation laws of
the underlying State.
the underlying State.
•
•Scheduled international air services may not enter the
Scheduled international air services may not enter the
airspace of a State without its permission, and subject
airspace of a State without its permission, and subject
to any conditions the State may impose.
to any conditions the State may impose.
11. Airspace above the High Seas
Airspace above the High Seas
ƒ
ƒ Airspace beyond the territorial seas, and
Airspace beyond the territorial seas, and
above the high seas, is open for use by all.
above the high seas, is open for use by all.
ƒ
ƒ However, under the
However, under the Chicago Convention
Chicago Convention,
,
the rules governing such airspace are those
the rules governing such airspace are those
promulgated by ICAO.
promulgated by ICAO.
12. Outer Space
Outer Space
ƒ
ƒ The
The Outer Space Treaty
Outer Space Treaty provides that the
provides that the
“
“exploration and use of outer space . . . shall be
exploration and use of outer space . . . shall be
the province of all mankind.
the province of all mankind.”
”
ƒ
ƒ It declares outer space to be the common property
It declares outer space to be the common property
of mankind, to be used freely
of mankind, to be used freely “
“for exploration and
for exploration and
use by all States
use by all States”
”, and not to be subjected to
, and not to be subjected to
national appropriation or otherwise subjected to
national appropriation or otherwise subjected to
the sovereignty of any State.
the sovereignty of any State.
ƒ
ƒ Hence, outer space is free for use by all.
Hence, outer space is free for use by all.
13. Problems with the
Problems with the Spatialist
Spatialist Approach
Approach
ƒ
ƒ There is no consensus as to where to
There is no consensus as to where to
draw the line of demarcation between
draw the line of demarcation between
airspace and outer space.
airspace and outer space.
ƒ
ƒ An aerospace vehicle may enter
An aerospace vehicle may enter
suborbital space for only a short time,
suborbital space for only a short time,
while its primary activity and mission is in
while its primary activity and mission is in
airspace. Thus, it may be more
airspace. Thus, it may be more
appropriate to apply Air Law to the entire
appropriate to apply Air Law to the entire
movement.
movement.
14. WHICH SUBSTANTIVE RULES OF LAW
WHICH SUBSTANTIVE RULES OF LAW
APPLY?
APPLY?
Registration, Safety & Navigation
Registration, Safety & Navigation
AIR LAW
AIR LAW
ƒ
ƒ Under the
Under the Chicago Convention, a
Chicago Convention, aircraft have the nationality of, and
ircraft have the nationality of, and
remains subject to, the law of the State where it is registered.
remains subject to, the law of the State where it is registered.
ƒ
ƒ Each State
Each State’
’s domestic law determines eligibility and criteria for aircraft
s domestic law determines eligibility and criteria for aircraft
registration.
registration.
ƒ
ƒ The registering State has an obligation to ensure that its aircr
The registering State has an obligation to ensure that its aircraft
aft
observes the rules of air safety and navigation locally in force
observes the rules of air safety and navigation locally in force.
.
ƒ
ƒ To promote uniformity, States are obliged to promulgate domestic
To promote uniformity, States are obliged to promulgate domestic
aviation laws consistent with ICAO
aviation laws consistent with ICAO SARPs
SARPs.
.
SPACE LAW
SPACE LAW
ƒ
ƒ Under the
Under the Registration Convention
Registration Convention, the
, the “
“launching State
launching State”
” (defined as
(defined as
the State that either launches or procures the launch of a space
the State that either launches or procures the launch of a space
object, or a State from whose territory or facility such an obje
object, or a State from whose territory or facility such an object is
ct is
launched) of a space object must register the object in its dome
launched) of a space object must register the object in its domestic
stic
registry, and with the United Nations.
registry, and with the United Nations.
ƒ
ƒ Under the
Under the Outer Space Treaty
Outer Space Treaty, a State on whose registry an object is
, a State on whose registry an object is
launched must retain jurisdiction and control over the object an
launched must retain jurisdiction and control over the object and any
d any
persons thereon.
persons thereon.
15. SECURITY
SECURITY
ƒ
ƒ The Tokyo Convention of 1963
The Tokyo Convention of 1963 gives the
gives the
aircraft commander and crew authority to
aircraft commander and crew authority to
suppress an unruly or dangerous passenger,
suppress an unruly or dangerous passenger,
and requires that a hijacked aircraft be
and requires that a hijacked aircraft be
restored to the aircraft commander and
restored to the aircraft commander and
passengers be permitted to continue their
passengers be permitted to continue their
journey.
journey.
ƒ
ƒ The Hague Convention of 1970
The Hague Convention of 1970 declares
declares
aircraft hijacking to be an international
aircraft hijacking to be an international
“
“offense
offense”
” and requires the State to which an
and requires the State to which an
aircraft is hijacked to extradite or exert
aircraft is hijacked to extradite or exert
jurisdiction over the hijacker and prosecute
jurisdiction over the hijacker and prosecute
him, imposing
him, imposing “
“severe penalties
severe penalties”
” if he is
if he is
found guilty.
found guilty.
ƒ
ƒ The Montreal Convention of 1971
The Montreal Convention of 1971 expands
expands
the definition of
the definition of “
“offense
offense”
” to include
to include
communications of false information and
communications of false information and
unlawful acts against aircraft or air
unlawful acts against aircraft or air
navigation facilities, and requires
navigation facilities, and requires
prosecution thereof.
prosecution thereof.
ƒ
ƒ The term
The term “
“aircraft
aircraft”
” is nowhere defined in
is nowhere defined in
these treaties, though they are inapplicable
these treaties, though they are inapplicable
to aircraft used for military, police or customs
to aircraft used for military, police or customs
purposes. Thus, it is unclear whether these
purposes. Thus, it is unclear whether these
treaties apply to aerospace vehicles.
treaties apply to aerospace vehicles.
ƒ
ƒ No comparable international Space Laws
No comparable international Space Laws
exist.
exist.
16. LIABILITY
LIABILITY
AIR LAW
AIR LAW
ƒ
ƒ The liability rules of the
The liability rules of the Warsaw Convention of 1929,
Warsaw Convention of 1929, or the more
or the more
recent
recent Montreal Convention of 1999
Montreal Convention of 1999, apply to the
, apply to the “
“international
international
carriage
carriage”
” of persons or property by aircraft, though the term
of persons or property by aircraft, though the term “
“aircraft
aircraft”
” is
is
nowhere defined in the treaties.
nowhere defined in the treaties.
ƒ
ƒ International carriage is defined as transportation between two
International carriage is defined as transportation between two State
State
Parties to the convention, or between two points in the same Sta
Parties to the convention, or between two points in the same State
te
Party where an agreed stopping point is in another State.
Party where an agreed stopping point is in another State.
ƒ
ƒ The
The Rome Convention of 1952
Rome Convention of 1952 governs surface damage by aircraft.
governs surface damage by aircraft.
Liability to the owner or operator of the aircraft is limited, b
Liability to the owner or operator of the aircraft is limited, based upon
ased upon
the weight of the aircraft
the weight of the aircraft
SPACE LAW
SPACE LAW
ƒ
ƒ The Space Law regime places liability upon the State rather than
The Space Law regime places liability upon the State rather than the
the
carrier, and provides no liability limits.
carrier, and provides no liability limits.
ƒ
ƒ The
The Outer Space Treaty
Outer Space Treaty provides that any State that launches or
provides that any State that launches or
procures the launch of an object into outer space, and each Stat
procures the launch of an object into outer space, and each State from
e from
whose territory or facility a space object is launched, is inter
whose territory or facility a space object is launched, is internationally
nationally
liable for damage.
liable for damage.
ƒ
ƒ Under the
Under the Liability Convention
Liability Convention, the launching State is absolute liable
, the launching State is absolute liable
for surface damage or to aircraft flight by a space object.
for surface damage or to aircraft flight by a space object.
17. THE NEED FOR A UNIFIED
THE NEED FOR A UNIFIED
LEGAL REGIME
LEGAL REGIME
ƒ
ƒ Future transportation systems will be highly influenced by
Future transportation systems will be highly influenced by
the legal regime in which they are developed. Commercial
the legal regime in which they are developed. Commercial
development of space would be enhanced by clarity,
development of space would be enhanced by clarity,
stability and predictability of law. Lack of uniformity of law,
stability and predictability of law. Lack of uniformity of law,
and conflicting and overlapping laws will impair the
and conflicting and overlapping laws will impair the
market
market’
’s interest in investment in space transportation, and
s interest in investment in space transportation, and
the insurance industry
the insurance industry’
’s ability to assess and price risk.
s ability to assess and price risk.
ƒ
ƒ Commercial investment in space transportation systems is
Commercial investment in space transportation systems is
expensive, depends on as yet unproved technology, and is
expensive, depends on as yet unproved technology, and is
fraught with risk. Clear legal rules can help define the
fraught with risk. Clear legal rules can help define the
degree of risk, and reduce uncertainty, assisting the
degree of risk, and reduce uncertainty, assisting the
predictability necessary to support commercial investment.
predictability necessary to support commercial investment.
18. THE LEGAL REGIMES
THE LEGAL REGIMES
GOVERNING SPACE
GOVERNING SPACE
TRANSPORTATION SYSTEMS
TRANSPORTATION SYSTEMS
Prof. Dr. Paul Stephen Dempsey
Prof. Dr. Paul Stephen Dempsey
M
MC
CGill
Gill University
University
Institute of Air & Space Law
Institute of Air & Space Law