Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services

December 15, 2009 at 10:23 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

The Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services was published in todays Official Journal of the European Union:

COUNCIL DECISION of 30 November 2009 on the conclusion of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services
(2009/947/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament ( 1 ),

Whereas:
(1) On 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement;
(2) On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services ( 2 ) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement;
(3) The Agreement has been signed on behalf of the Community on 7 July 2009 subject to its conclusion at a later date, in conformity with Council Decision 2009/741/EC ( 3 );
(4) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1
The Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services is hereby approved on behalf of the Community.

Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided in Article 8(1) of the Agreement.

Done at Brussels, 30 November 2009.
For the Council
The President
B. ASK

The EU programme for Global Monitoring for Environment and Security (GMES): governance and financing

December 15, 2009 at 10:13 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The Committee on Industry, Research and Energy (ITRE) of the European Parliament has published a new study titled The EU programme for Global Monitoring for Environment and Security (GMES): governance and financing. The abstract of the study states:

The European Programme for Global Monitoring for Environment and Security (GMES) is an Earth observation system with the aim to provide accurate and timely information to policy makers in order to support the management of the environment and civil security. The present study introduces the GMES programme and its components. It draws lessons learned from a comparison with the Galileo Programme. The governance and financing of GMES are critically analysed and discussed. Based on the main findings policy recommendations are developed.

U.S.-Japan Open Skies Agreement

December 15, 2009 at 10:09 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

From the U.S. Department of Transportation:

DOT 196-09
Friday, December 11, 2009
Contact: Bill Mosley
Tel.: (202) 366-4570
U.S. Transportation Secretary LaHood Announces U.S.-Japan Agreement on Open Skies

U.S. Secretary of Transportation Ray LaHood today announced that the United States and Japan reached agreement on the text of a landmark Open-Skies aviation agreement, liberalizing U.S.-Japan air services for the carriers of both countries. The agreement was reached after five rounds of negotiations focusing on Open Skies, beginning in May of this year.

“Achieving Open Skies with Japan, a major U.S. transportation and trade partner, has been a long-standing U.S. goal and is good news for air travelers and businesses on both sides of the Pacific,” said Secretary LaHood. “Once this agreement takes effect, American and Japanese consumers, airlines and economies will enjoy the benefits of competitive pricing and more convenient service.”

Under the new agreement, airlines from both countries would be allowed to select routes and destinations based on consumer demand for both passenger and cargo services, without limitations on the number of U.S. or Japanese carriers that can fly between the two countries or the number of flights they can operate. It would remove restrictions on capacity and pricing, and provide unlimited opportunities for cooperative marketing arrangements, including code-sharing, between U.S. and Japanese carriers.

The agreement also would provide opportunities for growth of U.S. carrier operations at Tokyo’s Narita Airport and ensure fair competition regarding the new opportunities at Tokyo’s close-in Haneda Airport.

Although the 1952 U.S.-Japan aviation agreement was greatly expanded in 1998, many U.S. carriers serving Japan were still subject to restrictions on capacity, routing, pricing, and code-sharing.

Once the agreement is finalized, Japan will become the 95th U.S. Open-Skies partner. Both the United States and Japan must affirmatively act in order to put the agreement into effect.

Pentagon, CIA Eye New Threat: Climate Change

December 14, 2009 at 3:57 pm | Posted in Remote Sensing Law Current Events | Leave a comment

By Joanne Irene Gabrynowicz with the blog faculty

Source: National Public Radio

By Tom Gjelten

December 14, 2009

Global warming is now officially considered a threat to U.S. national security.

For the first time, Pentagon planners in 2010 will include climate change among the security threats identified in the Quadrennial Defense Review, the Congress-mandated report that updates Pentagon priorities every four years.

The reference to climate change follows the establishment in October of a new Center for the Study of Climate Change at the Central Intelligence Agency. More…

Openness Initiative Begins to Take Root

December 14, 2009 at 3:32 pm | Posted in Aviation Law Current Event, Space Law Current Events | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

Source: Secrecy News

  This will be of interest to anyone interested in ITAR issues, access to remotely-sensed data issues, access to scientific data isses and a wide panoply of issues related to aerospace law.

 

OPENNESS INITIATIVE BEGINS TO TAKE ROOT

The Obama Administration’s new open government policy has begun to elicit a response from executive branch agencies.  The Department of Defense, the Department of Justice, and other agencies issued news releases yesterday outlining the initial steps they are taking to fulfill the December 8 White House Open Government Directive (PDF).

The White House Office of Science and Technology Policy posted a request for public comment on how to enhance public access to federally-funded science and technology research.  Beginning today, “The Administration is seeking public input on access to publicly-funded research results, such as those that appear in academic and scholarly journal articles. Currently, the National Institutes of Health require that research funded by its grants be made available to the public online at no charge within 12 months of publication. The Administration is seeking views as to whether this policy should be extended to other science agencies and, if so, how it should be implemented.”

Most national security and intelligence agencies, however, met the new Open Government Directive with silence, as if it did not concern them.

But many such agencies maintain unclassified databases that are potentially of great public interest, and that ought to be broadly accessible.  We have nominated two candidates in particular for disclosure under the new open government policy.

First, there is CREST (CIA Records Search Tool), the CIA’s database of declassified historical records.  It contains millions of pages of redacted records that have already been processed for public release.  CREST is available at the National Archives in College Park, MD.  Yet the CIA has refused to publish CREST online, or to release a copy to others so that they could.  Now would be an opportune time to do so.  (See “CREST Leaves Cavity in Public Domain,” Secrecy News, April 6, 2009).

Another major record group that we believe ought to be public are the unclassified reports and analyses of the Director of National Intelligence’s Open Source Center.  This is a slightly more complicated case since many OSC products include copyrighted material that cannot readily be published without permission.  But many other OSC products are purely discursive and analytical and could be published without difficulty if there were a will to do so.  A selection of OSC products that were obtained by Secrecy News may be found here.

Writing on the White House blog yesterday, Special Counsel to the President Norm Eisen and Open Government Initiative Director Beth Noveck offered their view on “Why an Open Government Matters.”

Disaster Charter Activated: Cyclone in Fiji

December 14, 2009 at 2:57 pm | Posted in Remote Sensing Law Current Events | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

Source: Space and Major Disasters

Type of Event                        Cyclone

Location of Event                        Fiji islands

Date of Charter Activation            14/12/2009

Charter Requestor                        UNOOSA on behalf of UNOCHA

Project Management            ESA

Description of the Event

Tropical cyclone Mick is affecting the whole Fiji islands with strong winds. The gale warning remains in force for Vanua Levu, Taveuni, Viti Levu, Yasawa and Mamanuca, Lomaiviti Group and nearby smaller islands.

Library: A Round-up of Reading

December 14, 2009 at 2:03 pm | Posted in Library | Leave a comment

Articles
Dwayne Day, Where’s the Space Council?, The Space Review

ZLW, 2009/4:

Pegatzky, Claus / Rockstroh, Sebastian, Die Reform des europäischen Luftverkehrsrechts durch die Verordnung (EG) Nr. 1008/2008/ The Reform of European Air Traffic Law after Regulation (EC) No. 1008/2008 / La réforme du droit aérien en Europe par la régulation (CE) No. 1008/2008, 541

Bentzien, Joachim, Die Luftverkehrsaußenpolitik der EU nach den „Open Skies“-Urteilen
des EuGH vom 5. November 2002 / The EU External Aviation Policy after the Open Skies Judgments of the European Court of Justice of November 5, 2002 / La politique externe de l’UE après les jugements « Ciel Ouvert » de la Cour de Justice Européenne du 5. novembre 2002, 566

Bollweg, Hans-Georg / Moll, Kristina, Die Drittschadenshaftung im internationalen Luftverkehr nach der
Revision des Römer Haftungsabkommens / Third Party Liability in International Air Transport after the Revision of the Rome Convention / Responsabilité des tiers en transport aérien après la révision de la Convention
de Rome, 587

van Schyndel, Heiko, Gesetz der Russischen Föderation „Über die staatliche Registrierung von Rechten an Luftfahrzeugen und Rechtsgeschäften mit diesen“ / Law of the Russian Federation on State Registration of Rights in Aircraft and Legal Transactions Concerning such Rights / La loi de la Fédération Russe sur l’immatriculation étatique des droits sur aéronefs et des opérations juridiques concernant tels droits, 608

Books
Heiko von Schyndel, Aviation Code of the Russian Federation (Eleven 2009)

Periodicals
SatMagazine (December 2009)

High Frontier Journal (v. 6, no. 1)

Blogs
Aircraft Update – International Economic Law and Policy Blog

Space Law – Law and ICT

Commercial Space Transport: A New Regulatory Challenge – Aviation Law Prof Blog

Congressional testimony about early Ares flight risks incorrect – The Write Stuff

Reducing Orbital Debris – A Call for Global Leadership and Cooperation – Secure World Foundation

Satellite Imagery Used to Combat Surge of Pirate Attacks – Got GEOINT?

UK gets an executive space agency but what is that? – Hyperbola

Here Come the Judge – Really Rocket Science

Avoiding Unilateralism – Aviation Law Prof Blog

He’s still turning up the heat – Space Politics

New Rules To Keep Tour Helicopters Apart From Airplanes Transitioning Through Hudson River Corridor – Aviation Law Monitor

Space: Replacement satellite could play role in climate treaty – EARSC

Does the Fourth Amendment Prohibit Warrantless GPS Surveillance? – Volokh Conspiracy

Do we really love Rihanna more than air security? – Security Debrief

It Took The New York Times 49 Years to Believe Isaac Newton – Gizmodo

Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation programmes

December 14, 2009 at 1:46 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The Council of the European Union has posted a Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation programmes as well as a Correction to the same document.

Hearing: Protecting Employees in Airline Bankruptcies

December 14, 2009 at 11:58 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

The House Committee on the Judiciary’s Subcommittee on Commercial and Administrative Law will hold a hearing on Protecting Employees in Airline Bankruptcies:

Hearing Information

Hearing on: Protecting Employees in Airline Bankruptcies

Wednesday 12/16/2009 – 3:00 2:30 P.M.

2141 Rayburn House Office Building

Subcommittee on Commercial and Administrative Law

By Direction of the Chairman

U.S.-Japan Open Skies Meetings

December 11, 2009 at 9:08 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

From the Department of State:

U.S.-Japan Open Skies Meetings

Philip J. Crowley
Assistant Secretary, Bureau of Public Affairs
Washington, DC

Question Taken at the December 10, 2009 Daily Press Briefing
December 10, 2009

QUESTION: Please provide a readout of the Open Skies meetings between the U.S. and Japan? What is the U.S. position? Are there any issues of contention?

ANSWER: Open Skies negotiations with the Japanese are ongoing. We started this round of negotiations on Monday, December 7. The talks continued today. A number of issues remain to be resolved.

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