Japan to Decide on Aircraft Export Restrictions
May 19, 2010 at 9:40 pm | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
From Flight Global:
Joint Strike Fighter catalyst for policy change in Japan
By Leithen FrancisJapan is to decide before the end of the year whether to ease military aircraft restrictions. The government will reveal whether it will allow local manufacturers to be involved in international joint development of military aircraft, and permit the export of Japanese military aircraft.
For decades Japan has had an export ban on military equipment, with the policy also blocking its companies from being industrial partners in international defence programmes, such as the Lockheed Martin F-35 Joint Strike Fighter. The major exception to the rule is Japan’s export of missile technology to its major ally, the USA. . . . [Full Story]
Fourth IAASS Conference: Making Safety Matter – Session 2 – Regulations and Standards for Safety – Part I
May 19, 2010 at 9:36 pm | Posted in Blogcast, Space Law | Leave a commentby P.J. Blount with the blog faculty
The first session on Regulations for Standards for Safety was Chaired by Ram Jahku, McGill University and Tanja Masson-Zwaan, Leiden University.
The first presentation of the session was “Harmful Interference: Its Meaning and Prospects of Enhancing Space Security and Safety” given by P.J. Blount, National Center for Remote Sensing, Air, and Space Law. My presentation is available to download.
The second presentation was given by Bruno Lazare, CNES and was titled “The French Space Operations Act:Technical Regulations.” He stated that the French Space Operations Act was intended to help France fulfill its Obligations under Article VI of the Outer Space Treaty (specifically the duty to authorize and continually supervise space activities). To this end he stated that the act set out an authorization and verification regime that was applicable to a variety of actors under French Jurisdiction. After an overview of the Space Activities Act, he gave an overview of the Technical Regulations which are expected to enter into force in December 2010. He stated that the purpose of these regulations was to protect people, public health, property, and the environment. The regulations, according to Lazare, set out a variety of standards for things such as risk management, collision avoidance, debris mitigation, nuclear safety, and planetary protection, among other things.
NASA, Google Data Show North Korea Logging In Protected Area
May 19, 2010 at 8:49 pm | Posted in Aerospace Law Interfaces | Leave a commentby P.J. Blount with the blog faculty
From Space Daily:
NASA, Google Data Show North Korea Logging In Protected Area
by Brian Wallheimer
West Lafayette IN (SPX) May 18, 2010
Using NASA satellite data and Google Earth, a Purdue University researcher has reported finding evidence that North Korea has been logging in what is designated as a protected United Nations forest preserve. . . .[Full Story]
Fourth IAASS Conference: Making Safety Matter – Plenary 2
May 19, 2010 at 8:39 pm | Posted in Blogcast, Space Law | Leave a commentby P.J. Blount with the blog faculty
The second plenary session of the included keynote speeches from J. Duffy, FAA, Chief Engineer, Commercial Space Transportation; S. Simpson, SAIC, Vice President, Safety and Mission Assurance; J. Pelton, ISSF, President Ad-Interim; and R. Jakhu, Professor, McGill University Institute of Air and Space Law.
The main legal content during this plenary was from Prof. Jahku who gave a report on the International Interdisciplinary Conference on Space Debris which was being hosted by both McGill University and the University of Cologne. He stated that space debris was currently the largest threat to space safety and that there was a need for globally harmonized technical standards that could be implemented through the appropriate national means. He stated that to this end the Interdisciplinary Conference was to begin the process for suggesting specific and viable policy and regulatory changes. He said that this conference resulted in the McGill-Cologne Declaration on Space Debris which will be part of the report that is released as a result of the Conference.
Fourth IAASS Conference: Making Safety Matter – Plenary 1
May 19, 2010 at 8:28 pm | Posted in Blogcast, Space Law | Leave a commentby P.J. Blount with the blog faculty
The first plenary at the Fourth IAASS Conference included keynote speeches by Rear Admiral S. Daniels, US Navy, Deputy Commander JFCC Space; J. Bosma, ESA, Inspector General; A. Goldman, NASA, Deputy Director, Marshall Spaceflight Center; N. Takeuchi, JAXA, Director S & MA; I. Rongier, CNES, Inspector General; and S. Garon, CSA, Director of Project Management. The Legal content from this plenary was found primarily in the speeches by Daniels, Goldman, and Rongier.
Daniels speech discussed how Space Situational awareness was crucial to space safety not just for Defense users, but also for civil and commercial users. She emphasized how the military’s mission had changed in the wake of the Iridium 33 – Cosmos 2251 collision. She said that after that collision the U.S. military began building on its capabilities for its SSA Sharing Service and increased its screening of all active satellites. Furthermore, she stated that collisions in space threaten every nations freedom of exploration in space. To this end she stated that the United States views international cooperation as crucial in collision avoidance, and that the United States was committed to exploration for peaceful purposes.
Goldman, among other things, discussed the differences between the NASA human space rating regime and the FAA’s human spaceflight requirements. He said that NASA’s rating regime will be hand tailored when contracting with commercial entities, especially if these entities are already functioning under an FAA license. He stated that NASA would do an independent safety evaluation, and that there would be no usage of that provider until NASA is satisfied that the craft is space. he said that this is a process similar to that used when contracting to place U.S. Astronauts aboard Soyuz spacecraft.
Finally, Rongier gave a brief overview of the French Space Activities Act. She stated that one of the purposes of this act was to support safety in space activities, which gives benefits to society as a whole. She also stated that the French Technical Regulaions would be passed later this year and enter into force in December.
Fourth IAASS Conference: Making Safety Matter
May 19, 2010 at 8:10 am | Posted in Blogcast, Space Law | Leave a commentby P.J. Blount with the blog faculty
The Fourth International Association for the Advancement of Space Safety Conference: Making Safety Matter begins today in Huntsville, AL. Res Communis will be posting updates from the conference throughout the day (wifi and power outlets permitting; otherwise these posts will come at the end of the day). Stay tuned.
New Archivist Position at the National Center for Remote Sensing, Air, and Space Law
May 17, 2010 at 4:01 pm | Posted in NCRSASL News | Leave a commentby P.J. Blount with the blog faculty
To apply visit http://jobs.olemiss.edu:
This is a supervisory position in which the incumbent develops and implements policies and procedures for preservation and processing of archival and manuscript materials. The incumbent oversees all archival functions, including acquisition, description, arrangement, indexing, registration, cataloging, use, preservation of collections and frequently makes decisions by exercising discretion and independent judgment.
Job Responsibilities
Processes and arranges archival and manuscript materials.
Oversees documentation, preservation, access, and use of archival and manuscript collections.
Locates, researches, analyzes, negotiates with donors, and acquires collections.
Provides specialized reference services to clientele.
Manages intellectual property rights and granting of permissions for publication.
Conducts or directs research into archival collections as needed.
Oversees all documentation of collections, including accessioning, cataloging and legal documentation.
Oversees all archival preservation and protection activities.
Writes and oversees implementation of and compliance with archival policies and procedures.
Prepares planning documents, survey and evaluative reports, and other documents.
Attends meetings as necessary.
Maintains quality control of work. Identifies and resolves problems when necessary.
Maintains archive website.
Conducts outreach duties, which provide services to students, faculty, community groups and other researchers.
Performs similar or related duties as assigned or required.Essential Functions
These essential functions include, but are not limited to, the following. Additional essential functions may be identified and included by the hiring Department.
1. Coordinates the development and implementation of archival policies and procedures.
2. Oversees the daily functions of the departmental archives.
3. Composes accurate descriptions of processed materials.
4. Supervises and trains staff.Qualifications/Skills
Experience/Educational Requirements:Education:
Master’s Degree from a college or university in Library Science, Archival Administration, History, or a related field.AND
Experience:
Two (2) years of experience related to the above described duties.An official copy of your transcript is required upon hire for this position.
Only applications that contain at least the minimum education and experience requirements will be considered by the search committee.
Prior to applying for the position, please prepare the electronic versions of the resume and cover letter to upload or to “copy and paste” when prompted. You will not have the opportunity to attach them after you apply.
Library: A Round-up of Reading
May 17, 2010 at 3:13 pm | Posted in Library | Leave a commentArticles
Air & Space Law, Volume 35, Number 1, February 2010:
# Leading Articles
# Berend Crans, The Implications of the EU Accession to the Cape Town Convention, p.1
# Jane Hong, Liability of Aviation Security Service Providers and Responsibility of States, p.9
# Ruwantissa Abeyratne, Negligent Entrustment of Leased Aircraft and Crew: Some Legal Issues, p.33
# Stefan A. Kaiser, Aviation Security: Technical and Regulatory Measures against MANPADS, p.45# Conference Report
# Michel Adam, Report on the 21st Annual Conference of the European Air Law Association, p.59# Case Notes
# Mark Franklin and Sarah Porter, Sovereignty over Airspace and the Chicago Convention: Northern Cyprus, p.63
# John Balfour, Airline Liability for Delays: The Court of Justice of the EU Rewrites EC Regulation 261/2004, p.71
# George N. Tompkins, Jr., Report from the United States – The Montreal Convention and the Doctrine of Forum Non Conveniens, p.77
# Giuseppe Guerreri, Italian Court Denies Recovery for Cerebral Haemorrhage Following 18.5-Hour Aircraft Journey, p.79
# Andrew Tulloch and Marcus Saw, Report from Australia, p.81# Book Reviews
# Niels van Antwerpen, Jiefang Huang, Aviation Safety through the Rule of Law, ICAO’s Mechanisms and Practices, p.83
# John Balfour, Brian Havel, Beyond Open Skies, p.87
Air & Space Law, Volume 35, Number 2, April 2010:
# Leading Articles
# Kinga Arnold and Pablo Mendes de Leon, Regulation (EC) 261/2004 in the Light of the Recent Decisions of the European Court of Justice: Time for a Change?!, p.91
# Francis Schubert, Legal Aspects of Cross-Border Service Provision in the Single European Sky, p.113# Aviation Security
# Norberto E. Luongo, Watchlists in United States and Canada: An Intricate Web, p.157
# Ruwantissa Abeyratne, The NW 253 Flight and the Global Framework of Aviation Security, p.167# Special Report
# Ruwantissa Abeyratne, Legal and Aeronautical Issues Concerning the Earthquake in Haiti, p.183
# Arpad Szakal, Conference Report European Air Law Association: 7th Munich Liability Seminar, p.195# Case Note
# Pablo Mendes de Leon, ATA and others v. the UK Secretary of State for Energy and Climate Change (2009), p.199# Book Review
# Wybo P. Heere, George Leloudas, Risk and Liability in Air Law, p.201
# Coming Events, p.205
S. Alan Stern, Comsats, commercial crew, Congress, and the future of American space exploration, The Space Review
Blogs
Lyles, Fisk and Colladay: Pendulum Has Swung Too Far The Other Way – Space Policy Online
OSD Eyes Near-Space UAVs – DoD Buzz
Holistic Approach to Space Law and Policy Needed for the Space Community – Space Policy Online
Astronaut safety and contract termination – Space Politics
Geospatial Advisory Council Legislation Passes in Georgia – NSGIC
Why aren’t they talking about the airplane? – Leeham News and Comment
HASC Keeps Airborne Laser Alive – DoD Buzz
Congress Passes STELA Act Extending Satellite Television Provisions and Changing the Definition of Unserved Household – Broadcast Law Blog
HASC Subcommittee Cuts Unclassified National Security Space Programs by $182 Million – Space Policy Online
Senate hearing miscellany – RLV and Space Transport News
Russian Generals Want Their Space Weapons, Too – Danger Room
NASA’s moon program gets a boost from Congress – The Write Stuff
Sharing Technology, Limiting Liability – Security Debrief
Senate Appropriators Repeat Prohibition on Cancelling Constellation – Space Policy Online
Reiterating their opposition – Space Politics
Canada Reclaims its Space – Arms Control Wonk
The Bill to Push Canada’s Agenda in Space – Commercial Space
Law and . . . Cosmology? – Prawfs Blawg
Spatial Law and Policy Update (May 16, 2010) – Spatial Law and Policy
A NASA policy translation guide – RLV and Space Transport News
Professionalism, a DOT, FAA watchword in aviation and throughout transportation – Fast Lane
S. 3366: A bill to prohibit individuals from carrying firearms in certain airports buildings and airfields, and for other purposes.
May 17, 2010 at 2:48 pm | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
S. 3366: A bill to prohibit individuals from carrying firearms in certain airports buildings and airfields, and for other purposes was introduced on May 13, 2010 by Sen. Frank Lautenberg (D-NJ).
H.R. 5307: To amend the Tariff Act of 1930 to include ultralight aircraft under the definition of aircraft for purposes of the aviation smuggling provisions under that Act.
May 17, 2010 at 2:40 pm | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
H.R. 5307: To amend the Tariff Act of 1930 to include ultralight aircraft under the definition of aircraft for purposes of the aviation smuggling provisions under that Act was introduced on May 13, 2010 by Rep. Gabrielle Giffords (D-AZ8):
HR 5307 IH
111th CONGRESS
2d Session
H. R. 5307
To amend the Tariff Act of 1930 to include ultralight aircraft under the definition of aircraft for purposes of the aviation smuggling provisions under that Act.
IN THE HOUSE OF REPRESENTATIVES
May 13, 2010
Ms. GIFFORDS (for herself and Mr. HELLER) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Tariff Act of 1930 to include ultralight aircraft under the definition of aircraft for purposes of the aviation smuggling provisions under that Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DEFINITION OF AIRCRAFT UNDER AVIATION SMUGGLING PROVISIONS OF THE TARIFF ACT OF 1930.
(a) In General- Section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) is amended–
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
‘(g) Definition of Aircraft- As used in this section, the term ‘aircraft’ includes ultralight aircraft, as defined by the Secretary of Homeland Security in consultation with the Administrator of the Federal Aviation Administration.’.
(b) Effective Date- The amendments made by subsection (a) apply with respect to violations of any provision of section 590 of the Tariff Act of 1930 on or after the 30th day after the date of the enactment of this Act.
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