Abstract
In 1944, when the war was coming to an end, President Roosevelt invited the nations of the world to a conference in Chicago with a view to establishing a global regime for the burgeoning commercial aviation sector that would flourish after the war. The President said in his invitation: “I do not believe that the world today can afford to wait several years for its air communications. There is no reason why it should. Increasingly, the airplanes will be in existence…”. At the present time, this message could be applied to commercial space transport with just a change of words to adapt to the increasingly developing space tourism sector.
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- 1.
Another growing area of outer space activity is mining asteroids. See Ruwantissa Abeyratne, Mining Asteroids: Security Aspects, Journal of Transportation Security, published on line on 14 March 2013.
- 2.
2 RIAA (1928) 829.
- 3.
Id, 832.
- 4.
PCIJ Series A/B, No. 53, at p. 53ff.
- 5.
- 6.
See Manfred Lachs, The Development and General Trends of International Law in Our Time, 169 Recueil Des Cours (1980) Foreword at p. xii.
- 7.
See Ralph G. Steinhardt, Outer Space, United Nations Legal Order, Volume 2 (Oscar Schachter and Christopher C. Joyner ed) American Society of International Law: 1995, 753 at p. 757.
- 8.
Jakhu and Battacharya 2002, pp. 112 et seq.
- 9.
Ibid.
- 10.
N. Jasentuliyana, A Survey of Space Law as Developed by the United Nations, published in Perspectives on International Law, (Nandasiri Jasentuliyana ed.) Kluwer Law International: The Hague: 1995, Chapter 16, 349 at p. 380.
- 11.
Wassenbergh 1997, pp. 529–535.
- 12.
Id. 535.
- 13.
The Need for an Integrated Regulatory Regime for Aviation and Space: ICAO for Space? The Need for an Integrated Regulatory Regime for Aviation and Space — ICAO for Space? (Jakhu, Sgobba and Dempsey ed.) Springer:2011 at p. XVII.
- 14.
Id. 138.
- 15.
See Claudio Zanghi Aerospace Object, Outlook on Space Law Over the Next 30 Years: Essays Published for the 30th Anniversary of the Outer Space Treaty (Lafferranderie and Crowther ed.), Kluwer Law International: The Hague, at pp. 115–123.
- 16.
See Ruwantissa Abeyratne, Space Security Law, Springer: 2011, 41–49.
- 17.
Sub orbital flights are called such because even though they enter outer space, they do not execute a full orbit around the Earth. See Michael Chatzipanagiotis, The Legal Status of Space Tourists in the Framework of Commercial Suborbital Flights, Studies in Air and Space Law, Volume 29, Carl HeymannsVerlag: 2011 at p. 2.
- 18.
The Outer Space Treaty of 1967 in Article II provides that outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim or sovereignty by means of use or occupation, or by any other means. Furthermore the Treaty, in Article III requires that States parties to the Treaty shall carry on activities in the exploration and use of outer space, including the Moon and other celestial bodies, according to the principles of international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international cooperation and understanding.
- 19.
(1906) 8 F.(J.) 93.
- 20.
Chung Chi Cheung v. R, [1939] AC 160; 9 AD, p. 264. See also Commercial and Estates Co. of Egypt v. Board of Trade [1925] 1 KB 271, 295; 2 AD, at p. 423.
- 21.
See Ruwantissa Abeyratne, Cyber Terrorism and Aviation—National and International responses, Journal of Transportation Security, Springer: Published on line 31 May 2011. See also by the Same author, Aviation Security Law, Springer: 2012 at pp. 24–25.
References
Jakhu R, Battacharya R (2002) Legal aspects of space tourism. In: Proceedings of the forty-fourth colloquium on the law of outer space, p 112
Wassenbergh H (1997) An international framework for private space activities. Ann Air Space Law XXII(Part 1):529–535
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Abeyratne, R. (2015). Issues Involved. In: Regulation of Commercial Space Transport. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-12925-9_1
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