Library: A Round-up of Reading

June 30, 2008 at 9:30 am | Posted in Library | Leave a comment

Articles
Gregory Kulacki and Jeffrey G. Lewis, Understanding China’s Antisatellite Test, The Nonproliferation Review, v. 15/2 (2008).

Air & Space Law, V. 33, no. 3 (June 2008).

# EDITORIAL NOTE, p.182
# HAROLD CAPLAN, Liability for Third Party Damage on the Ground, p.183
# PETER BOMBAY AND MÁTÉ GERGELY, The 2006 ECAA Agreement: Centrepiece of the European Community’s Aviation Policy Towards its Neighbours, p.214
# ANNA KONERT AND HANS EPHRAIMSON, Passengers with Reduced Mobility in the EU, Canada and the USA, p.233
# MAARTEN PEETERS, The European Commission’s Airport Package, p.244
# FABIO TRONCHETTI, The Non-Appropriation Principle as a Structural Norm of International Law: A New Way of Interpreting Article II of the Outer Space Treaty, p.277

# CASE NOTE
# GEORGE N. TOMPKINS, JR, The Montreal Convention 1999, The Fifth Jurisdiction in the United States and the Doctrine of Forum Non Conveniens, p.306

# COMING EVENTS p.309

John Glenn, Jake Garn, & Bill Nelson, What Bush doesn’t know about NASA, Orlando Sentinel

Gerry Oberst, Global Regulations: Europe and the ITU, Via Satellite, pg. 16 (July 2008).

Richard T. Kusiolek, ITAR Dilemma: Finding the Balance Between Regulation and Profit, Via Satellite, pg. 26 (July 2008).

Owen D. Kurtin, Dollars and Sense: Global Foreign Investment and the Space Sector, Via Satellite, pg. 46 (July 2008).

Journals
ICAO Journal

Speeches
“Is this for Real or Is It Just Another Dream?” – Dr. George C. Nield, New York, NY, June 18, 2008, The Space Foundation’s Space Business Forum

Blogs
NASA: MPLM may stay on orbit, docking rules to change and launch-on-need re-designated? – Hyperbola

On June 24 – IntLawGrrls

Microsoft Would Like to Publish Your City’s Aerial Imagery – James Fee GIS Blog

Senate NASA Bill Supports COTS – Spaceports

Sometimes “No Comment” Is the Best Comment – Export Law Blog

Articles on China ASATs – Arms Control Wonk

“Why the administration has undermined the Vision for Space Exploration” -Space Politics

The Europe Effect is in the Air – UN Dispatch

“WHY SHOULD WE GO TO SPACE?” – Sir Ntullu

Administrative Decisions
GAO – In the Matter of Boeing Company (B-311344 et al.)

Reccomendations
NASA Advisory Council Recommendations – May 14 2008

Hearings
U.S.-China Economic and Security Review Commission – transcript of hearing on China’s Proliferation Practices, and the Development of its Cyber and Space Warfare Capabilities

H.R. 6355: To amend title 49, United States Code, to provide for improvements in the quality of airline services, and for other purposes

June 30, 2008 at 9:15 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty
H.R. 6355: To amend title 49, United States Code, to provide for improvements in the quality of airline services, and for other purposes was introduced on June 24, 2008 by Rep. James Oberstar (D-MN). The bill addresses these issues:

TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.

TITLE I—AIR SERVICE IMPROVEMENTS
Sec. 101. Monthly air carrier reports.
Sec. 102. Air passenger service improvements.
Sec. 103. Review of air carrier flight delays, cancellations, and associatedcauses.
Sec. 104. European Union rules for passenger rights.
Sec. 105. Establishment of advisory committee for aviation consumer protection.
Sec. 106. Denied boarding compensation.
Sec. 107. Expansion of DOT airline consumer complaint investigations.

TITLE II—FAA EMPLOYEES
Sec. 201. Federal Aviation Administration personnel management system.

United States and Brazil Agree to Expand Air Services

June 27, 2008 at 12:42 pm | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

From the State Department:

Media Note
Office of the Spokesman
Washington, DC
June 27, 2008

United States and Brazil Agree to Expand Air Services

The United States and Brazil have reached agreement on a package of significant liberalization measures in our air transportation relations, which will strengthen and expand our already strong trade and tourism links with this important Latin American partner. The agreement will provide for a nearly 50 percent increase in passenger flights between the two countries and eliminate a number of restrictions on U.S.-Brazil air service. The agreement was initialed on June 26, after three days of negotiations in Washington between a Brazilian delegation, led by Ronaldo Seroa da Motta, Director of the National Civil Aviation Agency of Brazil, and a U.S. delegation, led by the U.S. Department of State’s Bureau of Economic, Energy and Business Affairs, which included officials from the U.S. Department of Transportation and the U.S. Department of Commerce.

Any number of U.S. or Brazilian airlines may now serve the market. The agreement will permit additional weekly flights, phased in over the next four years, from 105 to 154 for each country’s carriers. Under the new accord, U.S. and Brazilian carriers for the first time will be able to provide some services on a code-share basis with their third-country partner airlines. The agreement also allows U.S. carriers to serve five new cities in Brazil, including Fortaleza and Curitiba.

The agreement will further expand air cargo services between our countries. The number of weekly cargo flights allowed will increase from 24 to 35 immediately and to 42 in the year 2010. In addition, both sides agreed to increase the number of cargo charter flights from 750 to 1000 immediately and to 1250 by 2010. Intermodal rights were also granted, which will permit U.S. cargo companies to provide door-to-door service in Brazil.

Both countries intend to meet again before the end of 2010 to discuss further expansion of air service opportunities and to continue to work on eliminating restrictions on carrier operations.

Questions concerning this agreement may be directed to Ms. Terri Robl, Director, Office of Aviation Negotiations, U.S. Department of State, telephone: 202-647-5843.

2008/528

H.R. 6426 & S. 3203: To prohibit the use of funds by the Department of Defense on the KC-X tanker contract . . .

June 27, 2008 at 9:23 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

Two bills were introduced on June 26, 2008 in connection to the Air Force KC-X tanker contract on which the GAO just released its decision. H.R. 6426: To prohibit the use of funds by the Department of Defense on the KC-X tanker contract, and for other purposes related to that contract was introduced by Rep. Todd Tiahrt (R-KS) and S. 3203: A bill to prohibit the use of funds by the Department of Defense on the KC-X tanker contract, and for other purposes related to that contract was introduced by Sen. Pat Roberts (R-KS). Neither available from Thomas yet.

H. Res. 1315: Commemorating the 50th Anniversary of the National Aeronautics and Space Administration

June 27, 2008 at 9:04 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

H. Res. 1315: Commemorating the 50th Anniversary of the National Aeronautics and Space Administration was introduced June 26, 2008 by Rep. Michael McCaul (R-TX):

Resolved, That the House of Representatives—
(1) honors the men and women of the National Aeronautics and Space Administration on the occasion of its 50th Anniversary;
(2) acknowledges the value of NASA’s discoveries and accomplishments; and
(3) pledges to maintain America’s position as the world leader in aeronautics and space explo9 ration and technology.

H. Res. 1313: Celebrating the 25th anniversary of the first American woman in space, Dr. Sally K. Ride, and honoring her contributions to the space program and to science education.

June 27, 2008 at 9:01 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty
H. Res. 1313: Celebrating the 25th anniversary of the first American woman in space, Dr. Sally K. Ride, and honoring her contributions to the space program and to science education was introduced June 26, 2008 by Rep. Nicholas Lampson (D-TX):

Resolved, That the House of Representatives—
(1) celebrates the 25th anniversary of Dr. Sally K. Ride as the first American woman in space; and
(2) extends its appreciation and gratitude for Dr. Ride’s excellence in service to the Nation as an astronaut, educator, and advocate for the next generation of women scientists and engineers.

H. Res. 1312: Commemorating the 25th anniversary of the Space Foundation

June 27, 2008 at 8:57 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

H. Res. 1312: Commemorating the 25th anniversary of the Space Foundation was introduced June 26, 2008 by Rep. Doug Lamborn (R-CO):

Resolved, That the House of Representatives–

(1) recognizes the contributions made by the Space Foundation; and

(2) commemorates the Space Foundation’s 25 years of excellence and support to the Nation.

Four More Carriers Caught In DOJ Probe

June 27, 2008 at 8:54 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty
From Aviation Week:

Four More Carriers Caught In DOJ Probe

Jun 27, 2008

By Adrian Schofield/Aviation Daily

The U.S. Justice Dept. rolled out more than $500 million in fines for four international airlines accused of price-fixing on cargo services, as the list of major airlines implicated in the investigation continues to grow.

Air France-KLM accounts for the bulk of the penalties – $350 million – although the carriers were fined separately since the offenses date back to 2001. Cathay will pay $60 million, Martinair $42 million and SAS $52 million. All the airlines pleaded guilty, but the fines must still be accepted by U.S. courts. The Air France-KLM penalties will represent the second-largest criminal fine ever imposed by DOJ.

The fines result from a long-running investigation by the Justice Dept., FBI and other agencies into a “conspiracy involving a number of the world’s largest airlines to manipulate air cargo transportation costs through a multi-year price-fixing scheme,” said Associate Attorney General Kevin O’Connor. “This conspiracy, conservatively, has affected billions of dollars of shipments.” O’Connor believes the total harm to U.S. consumers and businesses runs into hundreds of millions of dollars.

The airlines conspired to fix cargo rates, including base rates, fuel surcharges, and security charges. Fuel surcharges imposed by some of the carriers rose 10-fold, much more than the fuel price increase. Airline officers and employees carried out the price fixing during various meetings and discussions, in the U.S. and elsewhere. “The companies also monitored and enforced adherence to the agreed-upon cargo rates,” O’Connor said.

These are far from the first carriers to be swept up in this investigation. British Airways and Korean were both fined $300 million by U.S. authorities in August 2007, and earlier this year Qantas paid a $61 million fine and JAL a $110 million fine. With the latest plea agreements, the U.S. fines total $1.2 billion. The European Union has also been pursuing antitrust action against carriers.

SAS said its own fine was reduced to reflect its cooperation in the investigation. The carrier said DOJ also “recognized SAS’s commitment to an improved corporate compliance program,” and the carrier has taken steps to strengthen its internal compliance policy. SAS said it is involved in the European Commission investigation, although the results of this will not be known until later this year.

Air France-KLM is also included in the EC action. The carrier has made a EUR530 million ($835.2 million) provision for its 2007/2008 financial year due to the U.S. and EC investigations. Air France CEO Jean-Cyril Spinetta says the carrier “has taken thorough steps across the organization to prevent recurrence” of the conspiracy.

Spacehab Cancels COTS Space Agreement With NASA

June 26, 2008 at 10:28 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

NASA Watch is reporting that Spacehab has canceled its COTS Space Act Agreement with NASA.

Transcript of Hearing on China’s Proliferation Practices, and the Development of its Cyber and Space Warfare Capabilities

June 26, 2008 at 9:21 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The U.S.-China Economic and Security Review Commission has posted the transcript of its hearing on China’s Proliferation Practices, and the Development of its Cyber and Space Warfare Capabilities. The hearing was held May 20, 2008, and up to now only sparse materials were available on-line

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