Handbook of Space Law

Edward Elgar Publishing
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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
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About the author

Edited by Frans G. von der Dunk, Harvey and Susan Perlman Alumni/Othmer Professor of Space Law, University of Nebraska-Lincoln, US with Fabio Tronchetti
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Additional Information

Publisher
Edward Elgar Publishing
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Published on
Feb 27, 2015
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Pages
1136
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ISBN
9781781000366
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Best For
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Language
English
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Genres
Law / Air & Space
Law / International
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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This handbook is a reference work providing a comprehensive, objective and comparative overview of Space Law.

The global space economy reached $330 billion in 2015, with a growth rate of 9 per cent vis-à-vis the previous year. Consequently, Space Law is changing and expanding expeditiously, especially at the national level. More laws and regulations are being adopted by space-faring nations, while more countries are adapting their Space Laws and regulations related to activities in outer space. More regulatory bodies are being created, while more regulatory diversity (from public law to private law) is being instituted as increasing and innovative activities are undertaken by private entities which employ new technologies and business initiatives. At the international level, Space Law (both hard law and soft law) is expanding in certain areas, especially in satellite broadcasting and telecommunications.

The Routledge Handbook of Space Law summarises the existing state of knowledge on a comprehensive range of topics and aspires to set the future international research agenda by indicating gaps and inconsistencies in the existing law and highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and national legal aspects of particular space activities and issues, rather than providing commentary on or explanations about a particular Space Law treaty or national regulation.

Drawing together contributions from leading academic scholars and practicing lawyers from around the world, the volume is divided into five key parts:

• Part I: General Principles of International Space Law

• Part II: International Law of Space Applications

• Part III: National Regulation of Space Activities

• Part IV: National Regulation of Navigational Satellite Systems

• Part V: Commercial Aspects of Space Law

This handbook is both practical and theoretical in scope, and may serve as a reference tool to academics, professionals and policy-makers with an interest in Space Law.

Behind and Beyond the Chicago Convention

The Evolution of Aerial Sovereignty

Edited by Pablo Mendes de Leon & Niall Buissing

The Convention on International Civil Aviation which was concluded in Chicago on 7 December 1944, commonly referred to as the Chicago Convention, is one of the most ratified multilateral agreements currently in force, with 193 States parties. In this deeply informative book celebrating its 75th birthday, thirty-three of the most distinguished authors in aviation law offer perspectives on the quality of the Convention’s achievements, which principally address the promotion of safety and security.

Emphasising the Convention’s flexibility in the accommodation of social and technological changes, the authors investigate such topics and issues as the following:

environmental protection measures such as abatement of noise and reduction of the damaging effects of gaseous emissions; effect of new methods of communication such as Global Navigation Satellite Systems (GNSS); distinction between civil and State aircraft; economic regulation as established under air services agreements between States; cybersecurity measures; compensation for damages; liberalisation of air services; role of regional aviation organisations, in particular, that of the European Union; position of airlines, airports, and providers of air navigation services; and territorial jurisdiction with respect to areas lacking a universally accepted sovereign status.

Annexes include the original texts of the Paris Convention 1919 and the Chicago Convention 1944.

With its incisive perceptions put forward by distinguished aviation lawyers – including an exploration of the absolute character of sovereignty – this book is without peer in its analysis of how the Chicago Convention affects the regulation of international civil aviation and the operation of air services. Its multifaceted approach towards the current state of affairs from a legal and policy perspective will be welcomed by practitioners and law firms in the field and civil aviation authorities, as well as by academics and business persons with a stake in aviation.

The history of exploration and establishment of new lands, science and technologies has always entailed risk to the health and lives of the explorers. Yet, when it comes to exploring and developing the high frontier of space, the harshest frontier ever, the highest value is apparently not the accomplishment of those goals, but of minimizing, if not eliminating, the possibility of injury or death of the humans carrying them out.

For decades since the end of Apollo, human spaceflight has been very expensive and relatively rare (about 500 people total, with a death rate of about 4%), largely because of this risk aversion on the part of the federal government and culture. From the Space Shuttle, to the International Space Station, the new commercial crew program to deliver astronauts to it, and the regulatory approach for commercial spaceflight providers, our attitude toward safety has been fundamentally irrational, expensive and even dangerous, while generating minimal accomplishment for maximal cost.

This book entertainingly explains why this means that we must regulate passenger safety in the new commercial spaceflight industry with a lighter hand than many might instinctively prefer, that NASA must more carefully evaluate rewards from a planned mission to rationally determine how much should be spent to avoid the loss of participants, and that Congress must stop insisting that safety is the highest priority, for such insistence is an eloquent testament to how unimportant they and the nation consider the opening of this new frontier.

The relevance and substance of space law as a branch of public international law continues to expand. The fourth edition of this long-time classic in the field of space law has been substantially rewritten to reflect new developments in space law and technology of the past ten years. This updated text includes new or expanded material on the proliferation of non-state and commercial entities as space actors, the appearance of innovations in space technology, the evolving international law of satellite telecommunications in a networked world, and the adoption of national laws and international soft law mechanisms that complement the international treaty regime.

In this up-to-date overview of space law, the authors offer a clear analysis of the legal challenges that play a role in new and traditional areas of space activity, including the following:

- the peaceful uses of outer space; - protection of the space environment; - the emergence of new legal mechanisms in space law; - the role of Europe in space; - telecommunications; - the commercial use of space resources; - human space flight; - small satellites; - remote sensing; and - global navigation satellite systems.

Additionally, the five United Nations Treaties on space are included as Annexes for easy reference by students and professionals alike.

In light of the many new developments in the field, this thoroughly updated Introduction to Space Law provides a clear overview of the legal aspects of a wide array of current and emerging space activities. Lawyers, policy-makers, diplomats, students, and professionals in the telecommunication and aerospace sectors, with or without a legal background, will find concise yet comprehensive guidance in this book that will help them understand and address legal issues in the ever-changing field of space activities.

The authors are close former collaborators of the late pioneers of space law and authors of the earlier editions of this volume, Isabella Diederiks-Verschoor and Vladimír Kopal.

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