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Defining the Limits of Outer Space for Regulatory Purposes
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 duri...
The Origin of Injustice in Air and Space Law
The most important resources in civil aviation and commercial use of the outer space are legal rights to occupy certain space in airports and geostationary orbits respectively. This book clarifies the nature of the rights called "slots" in both arena. It then reviews both the domestic and international slot distribution mechanisms and Common Law principles therein.
Decolonisation of Legal Knowledge
The premise of this book is that legal theory in general, and critical legal theory in particular, do not facilitate the identification of choices being made in the different facets of law -- whether in the enacting, interpreting, administering or theorising of law.
The Changing Role of Nationality in International Law
The book explores the current role of nationality from the point of view of international law, reassessing the validity of the ‘classical’, state-centered, approach to nationality in light of the ‘new’ role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.
How High the Sky?
In How High the Sky?, jurist Thomas Gangale explores the oldest and most important controversy in space law: how far up does national airspace go, and where does the international environment of outer space begin? Even though nations did not object to the first satellites flying over their sovereign territory, after more than six decades there is still no international agreement on how low the right of space object overflight extends, nor are there agreed legal definitions of “space object” and “space activity.” Dr. Gangale brings his background as an aerospace engineer to bear in exploding long-held beliefs of the legal community, and he offers a draft international convention to settle the oldest and most intractable problems in space law.
To Infinity And Beyond?
As humankind takes flight to become an interplanetary species it is still to delineate the limits of sovereignty in the vertical plane. What may seem as a legal quibble is in fact irrevocably intertwined with politics and science. This book seeks to breakdown the complexities surrounding the delimitation of outer space and proposes a solution that would be conducive to aerospace activities. It explores the various theories that have been suggested, from the absurd to the deceivingly simple. This book argues that a method to delimit outer space need not be alien to established jurisprudence. Importantly, it conveys these ideas lucidly to make it intelligible to the enthusiast and lawyer alike. Can we as a species truly make space the “common heritage of mankind”?
Seeking Justice in International Law
Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international l...
Cultural Diversity in International Law
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to ...
A History of International Civil Aviation
Cover -- Title -- Copyright -- Dedication -- Contents -- Foreword -- List of abbreviations -- 1 Introduction: From civil aviation's origins to the Paris Convention 1919 -- 2 The inter-war predatory bilateral system 1919-1939 -- 3 Wartime planning and the Chicago Conference 1939-1944 -- 4 The Chicago-Bermuda regime: Its operation and the challenge of deregulation 1945-1992 -- 5 Creating the single European aviation market -- 6 Open-skies and a fully globalized world market: Challenge and reality 1992-2016 -- 7 Conclusion: Unfinished business? -- References -- Index.
