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

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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

edited by Chia-Jui Cheng and Doo Hwan Kim

Kluwer Law International, c2000

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Includes bibliographical references

Description and Table of Contents

Description

Developments in the interrelated industries surrounding air transportation and space exploitation continue to give rise to new and challenging problems in international law. As more and more countries and private entities use outer space for satellite-based systems of air navigation, telecommunications, and surveillance, significant economic and environmental issues loom ever larger. Moreover, the ongoing exploration of space and celestial bodies in search of commercial possibilities poses new questions, ranging in substance from the proliferation of space debris to intellectual property rights. The Warsaw System of intercarrier liability, although still serviceable, is severely strained by such developments as the products liability of aircraft and satellite manufacturers and the liability involved in the construction and launching of space stations and multipurpose satellites. Aware of the massive convergence of these legal and political challenges, over 200 air and space experts - from the airlines and aerospace industries, from law practice and law faculties, and from civil aviation authorities at national, regional, and international levels - met in Seoul, in June 1997, to search for solutions and to promote and strengthen international co-operation in this crucial sphere. Twenty-three countries were represented. This book is the record of their presentations, discussions, recommendations, and conclusions. The many specific issues and topics raised and analyzed include the phenomenon of trade in launch services; the interdependence of military and satellite systems; new remote sensing technologies and the challenges they present to the Outer Space Treaty of 1967; new airports; the transfer of air traffic control functions; the transnational co-production of aircraft; regional and bilateral air transport agreements; and a great deal more. Numerous cases from a variety of jurisdictions are cited, so that the reader may gain a sense of jurisprudential trends in air and space law as we proceed into the 21st Century.

Table of Contents

  • Preface. Declaration of the Seoul Conference. Table of Cases. Table of Directives, Regulations, Principles, Declarations, Acts, Statutes and Laws. Table of Treaties and Conventions. Table of Acronyms and Abbreviations. Keynote Speech
  • H.K.-Lee. Part One: Regulatory and De-Regulatory Development in International Air Transport. 1. The Current Task of Korea's Aviation Service for the 21ste Century
  • J.-H. Lee. 2. Liberalization of Air Transport in Europe
  • P. Mendes de Leon. 3. Some Considerations on the New Aviation Policy in Japan
  • M. Sekiguchi. 4. Block-Bilateralism with Special Reference to the EU-USA Relationship
  • K. den Braven. 5. Deregulation for Third Country's Air Traffic in the East Asian Region
  • C.-J. Cheng. 6. The Implications of `Open Skies' Agreements at the Bilateral, Regional and Multilateral Levels
  • P.P.C. Haanappel. Part Two: The Warsaw System: Past, Present and Future. 7. The Innovation of the Warsaw System and the IATA Intercarrier Agreement
  • D.H. Kim. 8. An Asian View on the New Development of the Warsaw System
  • T. Sakamoto. 9. Insurance Implications of the IATA Intercarrier Agreements
  • R.D. Margo. 10. The IATA Intercarrier Agreement and the Standpoint of Japan
  • S. Miyoshi. Part Three: Current Issues on Cooperation of International Air Transport. 11. Recent Developments in Airline Cooperation and Competition
  • J. Moloney. 12. Civil Aviation Cooperation Between North Korea and South Korea
  • S.-K. Hong. 13. Franchising and Codesharing in International Air Transport
  • H.A. Wassenbergh. 14. Recent Cases and Developments in Aviation Law in Europe
  • G. Guerreri. Part Four: Current Issues on Aviation Liability of International Air Transport. 15. Aviation Products Liability for Manufacturing and Design Defects: Two Recent Developments
  • C.J.J.M. Stolker, D.I. Levine. 16. Product Liability and Insurance on Aircraft and Satellites
  • I.H.Ph. Diederiks-Verschoor. 17. Liability on Third Parties on the Surface in International Air Transport
  • J.T. Baganha. Part Five: The Challenges of the Peaceful Use of Outer Space. 18. Space Activities and Plans Within the United Nations: Preparing for the 21ste Century
  • N. Jasentuliyana. 19. Legal Aspects for the Peaceful Use of the Aerospace in Far East Asia
  • S.H. Shin. 20. Bilateralism in Trade in Launch Services
  • H.P. van Fenema. 21. Intellectual Property (IPR) and Space Activities: New Perspectives for the Future? A.M. Balsano. 22. Some Reflections on the Need to Accommodate the Space Law System to Space Commercialization
  • K. Tatsuzawa. Part Six: Current Issues on Safety and Defence in Outer Space. 23. Military Use of Outer Space: Article IV of the 1967 Space Treaty Revisited
  • B. Cheng. 24. Institutional and Legal Problems of the Global Navigation Satellite System (GNSS) -- Solutions in Search of a Problem? M. Milde. 25. Spill over Problems Caused by Military and Telecommunication Satellites in Asian Countries
  • T. Kosuge. 26. An Asian Satellite Monitoring System: Will It Emerge? S. Aoki. List of Session Co-Chairmen, Speakers and Panellists.

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