Abstract: This article provides an overview of the current legal landscape for lunar missions and summarizes various initiatives and developments at both the national and international level that complement the existing regulatory framework in this field. The authors tie all these elements together in an effort to give an outlook on the prospects for a sustainable lunar legal landscape in a realistic format and timeline. Volume 46 Online ISSN 0927-3379 PubDate: Wed, 20 Jan 2021 00:01:03 GMT Issue No:Vol. 46 (2021)
Abstract: The present article analyses the most recent appeal relating to international civil aviation in the case of Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar before the International Court of Justice (ICJ). This case is the second appeal case of an International Civil Aviation Organization (ICAO) Council decision since India v. Pakistan made in 1972. The dispute targets the jurisdictional controversy of the ICAO Council under the Chicago Convention (1944). In its decision of 14 July 2020, the ICJ has redefined the jurisdictional powers of the ICAO Council with respect to dispute settlement governed by the Chicago Convention (1944). However, the question of ‘due process’ governing the dispute settlement regime has yet to be settled. Volume 46 Online ISSN 0927-3379 PubDate: Wed, 20 Jan 2021 00:01:03 GMT Issue No:Vol. 46 (2021)
Abstract: Commission Implementing Regulation 2019/947 and Commission Delegated Regulation 2019/945 contain, inter alia, the detailed rules and procedures for the operation of unmanned aircraft. The rules were developed by the European Union Aviation Safety Agency with the goal of ensuring a high level of safety for all unmanned operations as the number one priority. The two regulations, in addition to providing safety-based rules rooted within the European aviation safety acquis, can also be seen as a set of rules providing access to the single European sky for both EU and third-country operators. This article will analyse the relevant access to the airspace articles in both regulations in order to show how they facilitate unmanned aircraft operations; how they deviate from the typical modus operandi of manned aviation rules; and what the wider consequences are for both manned and unmanned aviation. Volume 46 Online ISSN 0927-3379 PubDate: Wed, 20 Jan 2021 00:01:03 GMT Issue No:Vol. 46 (2021)
Abstract: This article describes the main elements and examines the organizational, liability, regulatory and other issues of implementation and further development of the Global Aviation Safety Oversight System (GASOS). GASOS has been recently approved by the Council of the International Civil Aviation Organization (ICAO) and supported by the 40th Session of the ICAO Assembly in 2019. It represents a mechanism for assessment, recognition and monitoring of regional safety oversight organizations and regional accident and incident investigation organizations by ICAO. Volume 46 Online ISSN 0927-3379 PubDate: Wed, 20 Jan 2021 00:01:03 GMT Issue No:Vol. 46 (2021)
Abstract: In early 2020, the European Union Aviation Safety Agency (EASA) published its long anticipated ‘Roadmap for Artificial Intelligence in Aviation’. This document builds upon previous European initiatives such as the High-Level Expert Group’s Ethical Guidelines on artificial intelligence (‘AI’), where the concept of ‘trustworthiness’ is embedded as a key pillar and a pre-requisite for developing and deploying AI technologies. The roadmap assesses the associated ethical, safety and regulatory challenges that may arise from the deployment and use of AI applications in aviation. This article provides an overview of the main takeaways, strengths and weaknesses of this roadmap. It critically analyses the main challenges of AI-driven technologies throughout the entire aviation domain. The article argues the roadmap would benefit from considering new regulatory tools and processes, such as regulatory sandboxing and AI-driven certification, and contends any efforts for standardization of AI in aviation must be reconciled with existing standardization of automation and that this may not always be a straightforward process as far as interoperability is concerned. Finally, the article argues that further exploration of the identification and allocation of liability will be indispensable in fostering increased levels of trust in AI-enabled aviation. Volume 46 Online ISSN 0927-3379 PubDate: Wed, 20 Jan 2021 00:01:03 GMT Issue No:Vol. 46 (2021)
Abstract: International cooperation exists as the fundamental legal cornerstone of space exploration and has underpinned the United Kingdom’s role in outer space. Instigated by a surge of commercial activity in outer space, mankind is approaching a second space age whilst many of the world’s governments are captivated by increasing levels of nationalism. Focusing on the nationalism of the United Kingdom and corresponding ideology, this article purports that ‘Brexit’ poses a risk to the survival of the United Kingdom’s commercial space industry. As such, this article seeks to consider the ways in which this former great power can hone in on its history of integration and alliance in outer space and thrive in these burgeoning commercial space ventures. Volume 46 Online ISSN 0927-3379 PubDate: Wed, 20 Jan 2021 00:01:03 GMT Issue No:Vol. 46 (2021)
Abstract: This article aims to study India’s robust space programme, against the backdrop of the current legal regime under which it operates. It further delves into the need for national space legislation vis-à-vis the recent burgeoning trend of privatization. To this end, this article analyses the draft 2017 Space Activities Bill introduced for consultation by the Government of India, and concludes with the recommendation that India adopt an all-encompassing national space legislation. Volume 46 Online ISSN 0927-3379 PubDate: Wed, 20 Jan 2021 00:01:03 GMT Issue No:Vol. 46 (2021)
Abstract: The swift and vast spread of Coronavirus Disease-2019 (COVID-19) was caused, to a significant extent, by aviation itself. This virus proliferated worldwide not only due to its ability to be transmitted from one human to another easily, but also due to the unprecedent volume of travel, especially by air, at a time of unprecedented globalization. In the wake of COVID-19, various novel practices have been and are being proposed. In this light, an examination of a number of these proposed practices is undertaken, this in order to determine whether they are legally sound or not. An examination of the laws underlying those practices follows, not least because such practices are virtually all erected upon a legal foundation. By examining the relevant laws on both an industry and State level, an attempt is made at determining whether or not such laws are adequate in allowing the corresponding practices to be effective. This article conclusively discusses whether the proposed practices and the underlying laws already in existence have the potential to prevent a future disease from spreading as swiftly and as vastly, and from disrupting the aviation industry as severely as COVID-19 has.Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: States have closed their national airspaces in the past for a variety of reasons which may pertain to environmental concerns, safety, security, politics or war. The global spreading of the Coronavirus disease 2019 (COVID-19) virus sheds a new light on closure of the airspace because, for the first time in the history of air law, measures are taken to protect the health of the resident population on a global scale. Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: This article looks at the relevance of space law and technology, especially the use of satellites for Earth observation, navigation and communication, in the fight against Coronavirus Disease- 2019 (COVID-19). After an indication of what various international space law instruments say about the use of outer space in this context, it provides an overview of developments and initiatives in the context of the United Nations and other relevant international, regional and national organizations and institutions, as well as the private space sector. It will demonstrate that space law and technology can greatly contribute to the fight against a pandemic such as COVID-19, by applying the advanced technological capabilities of space applications in the spirit of the concepts prescribed by international space law, such as mutual assistance, international cooperation and the benefit of all countries. Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: As demand for air travel has fallen in response to the Coronavirus Disease-2019 (COVID-19) crisis, the global air transport sector has been severely impacted. This article investigates the extent to which and on what conditions state aid measures are applied to airlines, airports, air navigation service providers and aircraft manufacturers in response to the crisis. In that connection, reflections are offered in this article on the role of the State and the flexibility of EU state aid law in these unprecedented times. Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: With the advent of the Corona virus/COVID-19, airline traffic has dropped off so much because of lack of passenger/shipper demand, and/or governmental sanitation rules, that airlines may wish to use less than 80% of their allocated slots, but then risk a loss of slots. It is a catch 22 situation: either you fly a (near) empty aircraft and keep your slot for better, post COVID times (so-called ghost flights), or you go under 80% and you lose your grandfathered slot right. Governments, other authorities and not in the least the EU, have stepped in to relax the 80/20 rule, at least temporarily. The article is divided into four parts: introduction; air transport under the Corona virus; slot allocation under Corona; slot allocation post Corona. Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: As the European Union (EU) regulator for aviation safety with competences of certification, oversight and support to Member States, the European Union Aviation safety Agency (EASA) took from the very beginning of the crisis a proactive stance to help mitigating, as much as possible, the devastating impact of the Coronavirus Disease 2019 (COVID-19) on the aviation sector.This article provides an overview of the measures taken by EASA within its mandate, in light of the general EU framework applicable to air transport, in view of the COVID-19 pandemic.Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: The fast and continuous collection and distribution of information are essential for decisionmaking in the first-response phase, as well as in the constant monitoring during and after the peaks of the Coronavirus Disease-2019 (COVID-19) outbreak. Particularly in times of emergency that require immediate reaction on behalf of local and global authorities, it is important that their reaction is based on reliable information. The unique features of satellite technology, which enable the steady flow of accurate near real-time data, have granted it a vital role in the fight against the COVID-19 pandemic. This article will address the uses of space data for public health and their legal implications, particularly in terms of privacy and access to data. Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: The outbreak of the COVID-19, which rapidly reached the level of a pandemic, has dramatically affected the aviation industry this year. An important number of flights have been cancelled and passengers are seeking reimbursement and compensation for their travel disruption. The European Regulation No 261/2004 on air passenger rights establishes a specific liability regime in case of flight cancellation. This article analyses the effects of this unparalleled health situation with respect to the passenger rights set out in this European regulation. It discusses the question of reimbursement, rerouting, care, and compensation with regard to the concept of extraordinary circumstances. It also calls for a realistic response from the European Institutions to further protect the aviation industry. Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: Coronavirus disease 2019 (COVID-19) is a true pandemic. Consideration is given to potential exposure of air carriers to passenger liability in respect of alleged infection with the virus in the course of carriage by air having regard to the terms of the Montreal and Warsaw Conventions and case law relating to the same. It is concluded that such claims face various legal and practical hurdles and that liability is unlikely to engage in vast numbers. Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: As a result of the Coronavirus disease 2019 (COVID-19) coronavirus pandemic, and the consequent drastic limitations on, and reduction in demand for, air travel, many airlines are finding it difficult to pay rent to lessors on aircraft they lease or to repay financiers in respect of moneys to buy aircraft which they own. Airlines may be able to agree deferral or reduction in payment obligations, or even to any early return of the aircraft, but what legal recourse is there under international air law if agreement cannot be reached, and does it make sense to pursue it in the context of the pandemic' Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: The inability to fulfill a contract, if not fault-related, is not unknown in the law of contracts. Various rules are available to alleviate liability for default, such as impossibility, force majeure, as well as the law of frustration. COVID19 has sparked interest in these provisions again. The following analysis investigates how COVID19 impacts on various legal issues relating to the space sector, including force majeure. Just as COVID19 is marked by divergent responses of countries towards health-related restrictions on participation in public life, divergent patterns are detectable in the reliance on force majeure. Continuing space activities - although to differing degrees - has been a clear driver around the world where the resilience of space technology and space-based solutions has been looked to in managing the pandemic. Force majeure is therefore not necessarily an instrument on which the space community would seek to rely. This overview also identifies an area where industry and agencies could look to develop cross-compatibility in standards to foster greater interaction between space and health-related technology. Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
Abstract: National laws play an important role in the governance of the aviation activities. This is no less the case during the Coronavirus Disease-2019 (COVID-19) pandemic, where national law has been a vital tool in combating the spread of the virus and offering support to the aviation sector. This report examines different jurisdictions, which have been written by experts in the field of aviation law, where they have addressed the pre-existing national rules in place prior to the pandemic, the measures taken to combat the spread of the virus, the actions taken to help the aviation industry survive, and any reflections on the future post-COVID-19 world.Volume 45 Online ISSN 0927-3379 PubDate: Fri, 08 Jan 2021 00:01:05 GMT Issue No:Vol. 45 (2021)
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