Air and Space Law

Introduction

The spectacular fast developments in aircraft technology in the beginning of the 20th century, made law-making necessary in this new field of transportation, in peace and in war. In 1910 the first conference on an international air law code took place in Paris. International air law now deals with many topics, such transport responsibility, safety of passengers, airplanes and luggage, airport-regulations, hijacking, air pollution, and aerial warfare. The collection of international air law in the Peace Palace Library covers all the aspects of this (public and private) international law subject, including the historical part, the sources of international air law, the international organizations involved and the numerous international conventions: Chicago Convention 1944, Warsaw Convention 1929, and the Montreal Convention 1999.

Space law is a relatively new branch of law, roughly starting in 1957 with the launch of the Sputnik I, the first satellite in space. Space law consists of international space law, governing the activities of States and international intergovernmental organizations, and national space law, governing the activities of individual countries and their nationals. Advancing technology and scientific progress extend human activities in space more and more. These developments will require new regulations of business activities, space tourism, traffic rules, the problem of dangerous space debris, rescue missions, contracts for mining expeditions, property rights on celestial bodies and encounters with alien entities.

For example: Who owns the Moon?international-space-station-and-endeavor-docked

This Research Guide is intended as a starting point for research on Air and Space Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library's systematic classification → Public international law and subject headings (keyword) Air Law and Space Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

New titles


1. Key Provisions in Current Aviation Law
Key Provisions in Current Aviation Law / Benjamyn Scott. - The Hague : T.M.C. Asser Press ; Berlin ; Heidelberg : produced and distributed by Springer-Verlag. - Pages 241-259 In: The Future of Drone Use : Opportunities and Threats from Ethical and Legal Perspectives / Bart Custers, editor, ISBN 9789462651319: (2016), Pages 241-259. - 2016
Keywords: Unmanned vehicles, Air law, Convention on International Civil Aviation (Chicago, 7 December 1944),

2. Standards to Identify and Decide the Legality of State Aviation Behaviors Performed in the South China Sea Region
Standards to Identify and Decide the Legality of State Aviation Behaviors Performed in the South China Sea Region / Yaning Li In: China Oceans Law Review = ISSN 1813-7350: issue 2, page 183-225. - 2016
Keywords: China, China Sea, Maritime boundaries, Airspace, Civil aviation, Aircraft, International air law, Air law,
Tagged with: ,

Bibliography

Reference works

Relevant books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Key Provisions in Current Aviation Law
Key Provisions in Current Aviation Law / Benjamyn Scott. - The Hague : T.M.C. Asser Press ; Berlin ; Heidelberg : produced and distributed by Springer-Verlag. - Pages 241-259 In: The Future of Drone Use : Opportunities and Threats from Ethical and Legal Perspectives / Bart Custers, editor, ISBN 9789462651319: (2016), Pages 241-259. - 2016
Keywords: Unmanned vehicles, Air law, Convention on International Civil Aviation (Chicago, 7 December 1944),

2. Standards to Identify and Decide the Legality of State Aviation Behaviors Performed in the South China Sea Region
Standards to Identify and Decide the Legality of State Aviation Behaviors Performed in the South China Sea Region / Yaning Li In: China Oceans Law Review = ISSN 1813-7350: issue 2, page 183-225. - 2016
Keywords: China, China Sea, Maritime boundaries, Airspace, Civil aviation, Aircraft, International air law, Air law,

Librarian's choice

  • Jakhu, R.S., Pelton, J.N. and Nyampong, Y.O.M., Space Mining and Its Regulation, Switzerland, Springer, 2017.

    Jakhu, R.S., Pelton, J.N. and Nyampong, Y.O.M., Space Mining and Its Regulation, Switzerland, Springer, 2017.

    This book addresses the complex technical challenges presented by remote space mining in terms of robotics, remote power systems, space transport, IT and communications systems, and more. It also addresses the difficult oversight and regulatory issues that face states and non-state enterprises that would take on the perilous task of obtaining natural resources from the Moon and asteroids. An increasing number of countries are becoming involved in space-related activities that were previously carried out primarily by the United States and the USSR (now the Russian Federation). How these regulatory endeavors might be handled in international treaties, standards, codes of conduct or other means have become a truly international political issue. And there is yet another issue.

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  • Malinowska, K., Space Insurance: International Legal Aspects, Alphen aan den Rijn, Kluwer Law International, 2017.

    Malinowska, K., Space Insurance: International Legal Aspects, Alphen aan den Rijn, Kluwer Law International, 2017.

    This book focuses on the legal aspects of space insurance, in the contractual context, analysing the theory of space risk insurance, as well as the insurance terms used in the market. Insurance related to outer space activities, has been around since the 1960s, but has become vastly more significant with the increased commercial use of satellites. In light of this increasing significance, this book offers the first in-depth coverage, both practical and theoretical, of space insurance from an international law perspective. The author emphasises the need to understand the various insurance risks facing particular types of commercial space activities, including pre-launch, launch, satellite operation and communications, satellite navigation, satellite remote sensing and space station operation.

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  • Jakhu, R.S. and Dempsey, P.S. (eds.), Routledge Handbook of Space Law, London, Routledge, 2017.

    Jakhu, R.S. and Dempsey, P.S. (eds.), Routledge Handbook of Space Law, London, Routledge, 2017.

    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

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  • Milde, M., International Air Law and ICAO, The Hague, Eleven international publishing, 2016.

    Milde, M., International Air Law and ICAO, The Hague, Eleven international publishing, 2016.

    This is the third edition of the acclaimed International Air Law and ICAO, first published in 2008. The book has been fully updated to take the latest developments into account. 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. There is a practical need for a compact but exhaustive and easily comprehensible textbook or 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). This book fills this gap as it is a general treatise of the law of international civil aviation aimed at the needs of university students and educators, government authorities, airlines, practicing lawyers, journalists, international organizations and the general public.

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  • Fitzgerald, P.P., A Level Playing Field for "Open Skies": the Need for Consistent Aviation Regulaton, The Hague, Eleven International Publishing, 2016.

    Fitzgerald, P.P., A Level Playing Field for "Open Skies": the Need for Consistent Aviation Regulaton, The Hague, Eleven International Publishing, 2016.

    This book examines the events that have reshaped the international aviation industry between 1992 and 2012. It critically analyzes the major developments and the regulatory responses and highlights some of the incompatible and disjointed regulations that are ineffect at either end of international routes. The author proposes that Australia, Canada, the European Union (EU), New Zealand and the United States (US) form an international organization, to be known as the Open Skies International Aviation Block (OSIAB). The author further argues that such a forum is necessary to ensure that regulations in different countries are aligned so that competitive distortions potentially caused by regulatory disharmony are minimized, thus allowing the international airline industry to compete on the level international playing field. This book is aimed at scholars and practitioners in the field of (international) aviation regulation.

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  • Dunk, F. von der (ed.), with Fabio Tronchetti, Handbook of Space Law, Cheltenham, UK ; Northampton, MA, USA, Edward Elgar Publishing, 2015.

    Dunk, F. von der (ed.), with Fabio Tronchetti, Handbook of Space Law, Cheltenham, UK ; Northampton, MA, USA, Edward Elgar Publishing, 2015.

    The book focuses on international space law in the broadest sense of the word, not only including the UN-based space treaties and international customary (space) law, but also the many specialized regimes such as those applicable to the international satellite organizations, the International Space Station, the international trade and the security-sensitive aspects of space technology exports, the financing of space ventures and environmental concerns. The novelty of this holistic approach to space law notably includes the profound and ever-increasing commercialization of space activities and the attendant involvement of the private sector in such activities. This authoritative book thus presents a unique standard work of reference for anyone interested in studying or researching the legal and regulatory aspects of space activities and their major applications in depth.

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  • De Man, Ph., Exclusive Use in an Inclusive Environment: The Meaning of the Non-Appropriation Principle for Space Resource Exploitation, Cham, Springer International Publishing, 2016.

    De Man, Ph., Exclusive Use in an Inclusive Environment: The Meaning of the Non-Appropriation Principle for Space Resource Exploitation, Cham, Springer International Publishing, 2016.

    This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies. It does so by analysing the rules on the use of orbits as limited natural resources as a concrete indication of how space resources can be exploited by one user while respecting the non-appropriation principle and the interests of other users in space. This analysis is complemented by a thorough review of the meaning of property rights in the context of the existing international space law regime. This allows the author to distinguish between the lawful exploitation and unlawful appropriation of resources in a manner that could pave the way for a workable asteroid mining regime that takes into account the needs of individual companies and the international community. Exclusive use in an inclusive environment frames the legal regime of the exploitation of natural resources in outer space as the most pressing example to date of the tension that arises between the rights of a single spacefaring actor and the interests of the broader international community.

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  • Marboe, I. (ed.), Small Satellites: Regulatory Challenges and Chances, Leiden, Brill Nijhoff, 2016.

    Marboe, I. (ed.), Small Satellites: Regulatory Challenges and Chances, Leiden, Brill Nijhoff, 2016.

    Small Satellites – Regulatory Challenges and Chances edited by Irmgard Marboe addresses the booming phenomenon of small satellites. The rapid innovation of technology has made it possible to develop, launch and operate small satellites at rather low costs. Universities, start-ups and also governments see the chance to access outer space more easily and inexpensively. Yet, the importance to comply with existing rules and regulations that are in place to ensure that outer space is used and explored in a safe and responsible manner is sometimes overlooked. The book addresses this challenge and shows how it can be met.

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  • Ahmad, T., Climate Change Governance in International Civil Aviation: toward regulating Emissions relevant to Climate Change and Global Warming, The Hague, Eleven International Publishing, 2016.

    Ahmad, T., Climate Change Governance in International Civil Aviation: toward regulating Emissions relevant to Climate Change and Global Warming, The Hague, Eleven International Publishing, 2016.

    Successful climate change governance in international civil aviation has yet to be achieved. In this book the author argues that, to successfully govern emissions from international civil aviation of relevance to climate change and global warming, binding legal measures, whether de facto or de jure, and a mandatory but temporary global market-based measure or unilateral market-based measures of the same model adopted by economically powerful States for international civil aviation are immediately required. This book demonstrates how de jure soft law instruments, e.g., Annexes to the Chicago Convention, international environmental law principles, a new understanding and way of exercising the doctrine of State sovereignty, and both multilateral and unilateral economic instruments can be utilized to reduce aviation’s environmental impacts.

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  • Bobek, M. and J. Prassl (eds.), Air Passenger Rights: Ten Years On, Oxford and Portland, Oregon, Hart Publishing, 2016.

    Regulation 261/2004 on Air Passengers’ Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial CJEU judgments, from ex parte IATA to Sturgeon. The Regulation has led to equally challenging decisions across the Member States, with domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse an application of its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission’s recent publication of reform proposals controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have the same direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do they have for the EU’s regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 10 different Member States as well as the extra-territorial application of Regulation 261 combined with high-level analysis from the perspectives of Aviation law and EU law.

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  • Zhao, Y., National Space Law in China: An Overview of the Current Situation and Outlook for the Future, Leiden, Boston, Nijhoff, 2015.

    China has made rapid developments in space technologies and space activities in the last few years, however, it still lags behind in the legal arena. In order to provide guidelines for and promote further development of space activities, China should speed up its national space legislation process. In National Space Law in China, Yun Zhao offers a comprehensive study of national space laws, regulations and policies in China. It contains rich information and materials of China’s space law and practice. As the first English monograph on national legislation on space law in China, this book shall contribute to the understanding of China’s current legal regime for space activities and future national space legislation.

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Database

Blogs

  • Satellite Data in International Law

    The use of data acquired through earth observation satellites has become commonplace. The use of satellite data has even expanded as an extremely useful tool to implement international law since it provides factual, relevant and up-to-date information. Further technological developments will steadily increase the range of data which can be collected through Earth Observation and further enhance its accuracy. Therefore, satellite data can be used to monitor compliance with obligations contained within international agreements or to resolve disputes before an international court.

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  • Aviation Safety: too Tired to Fly?

    Pilot fatigue has long been stated as a concern in the airline industry. The European Aviation Safety Agency (EASA) has previously proposed setting limits on the duration that pilots can fly. Fatigue leads to slower reaction times and impaired concentration and decision making.
    18 February 2016, new EASA Flight Time Limitations (FTL) rules (EU Regulation 83/2014) come into effect.
    The aviation industry shifts to a fully harmonised European set of rules aimed at preventing air crew fatigue from constituting a risk to flight safety. Aviation accidents are still extremely rare, but when they have occurred, figures show that 80% are a result of human error, with pilot fatigue accounting for 15-20% of human error in fatal accidents.

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  • Space Mining and (U.S.) Space Law

    On November 25, 2015, President Obama signed into law the US Commercial Space Launch Competitiveness Act (H.R. 2262). As far as space mining is concerned, this legislation will give US space firms the rights to own and sell natural resources they mine from bodies in space, including asteroids. But does the new law risk privatizing a realm that is meant to belong to all of humanity? Is there a violation of international law? Is an international space exploitation regime preferable?

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  • Happy Retirement Ingrid!

    [On the retirement of our curator Ingrid Kost; blog in Dutch] Vandaag 15 januari 2015 is een memorabele dag voor de bibliotheek van het Vredespaleis. Wij nemen na 39 jaar afscheid van onze collega Ingrid Kost. Zij zal genieten van een welverdiend pensioen. Tijd om andere dingen te gaan doen, zoals oppassen op de kleinkinderen en bijenhouden. Wij zullen haar deerlijk missen als collega en als mens. Alvorens vandaag afscheid te nemen, spraken wij met haar en haalden herinneringen op.

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  • Asteroid(s) coming in at Collision Course

    How to handle an incoming asteroid? What does Don Quijote have to do with it? Movies like “Deep Impact” and “Armageddon” make it seem so easy. But in reality there are many technological, legal and political obstacles to cope with. From 15-19 April, 2013, the International Academy of Astronautics (IAA) will hold its third Planetary Defence Conference “Gathering for Impact!” in Flagstaff, Arizona, USA.

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  • The Moon Agreement of 1979: What Relevance to Space Activities ?

    Years of negotiations in the United Nations Committee on the Peaceful Uses of Outer Space and vigorous drafting and re-drafting of an international treaty to govern the activities of States on the Moon, culminated in an unanimous acceptance of the Moon Agreement (or Moon Treaty) by the UN General Assembly in 1979. The Agreement applies to the Moon and all other celestial bodies within the solar system other than the Earth, including orbits or other trajectories to or around them. It turns over jurisdiction to the international community.

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