Pilot’s licenses still short on security measures contrary to Congressional mandate

October 21, 2010 at 7:41 am | Posted in Aviation Law Current Event | Leave a comment

by Sara M. Langston with the blog faculty

Source: Associated Press

WASHINGTON (AP) — In an attempt to improve security, Congress told the Federal Aviation Administration in 2004 to come up with a pilot’s license that included the pilot’s photo and could contain biometric information like fingerprints or iris scans. Today, the only pilots pictured on FAA licenses are flight pioneers Wilbur and Orville Wright, and the licenses lack biometric data.

In a letter Tuesday, Rep. John Mica, R-Fla., asked the heads of the FAA, the Transportation Security Administration and the Homeland Security Department to explain why they haven’t complied with the law he helped write.

“It is absolutely astounding that DHS, TSA and FAA could, after six years to implement the act, still achieve such an incredible level of incompetence,” wrote Mica, the top Republican member of the House Transportation and Infrastructure Committee.

The Intelligence Reform and Terrorism Prevention Act of 2004 sought to fill some of the security gaps exposed by the Sept. 11, 2001, terrorist attacks, including verifying the identities of people seeking access to airplanes and airfields.

Mica said in an interview that FAA officials have told his staff that one reason the licenses don’t contain biometric information is that they’ve been waiting for TSA and DHS to decide on criteria for the information and the equipment necessary to read the information. He said the three agencies have been pointing fingers at each other.

Europe and Space

October 20, 2010 at 2:47 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

There are several new items pertaining to European space law and policy. First, Space Policy Online points to the revised European Draft Code of Conduct for Outer Space Activities.

EARSC has a story on GIS information and policymaking in Europe:

President of European Council acknowledges pivotal role of geographical information in policymaking

Herman Van Rompuy, President of the European Council has recognised EuroGeographics’ members for their ‘invaluable’ commitment to making geospatial data more accessible and readily available across the European Union (EU).

Opening the 2010 General Assembly in Brussels, Mr Van Rompuy told heads from national mapping, land registry and cadastral agencies that geographical information is crucial for effective policymaking. . . . [Full Story]

Finally, Red Orbit News posted a story on the conference being held to discuss European space policy:

Building Europe’s Vision For Space Exploration

Posted on: Wednesday, 20 October 2010, 06:25 CDT

Europe’s vision for launching astronauts and robot explorers out into the Solar System will come into sharper focus on October 21 when the ministers responsible for space activities meet in Brussels to discuss Europe’s goals for space exploration. Events can be followed live on the web.

Ministers from the 29 ESA and EU states will rendezvous in Brussels this week for their second International Conference on Space Exploration as the next step towards creating a future European exploration strategy. . . [Full Story]

Pakistan Moves to Bar Unregistered Mapping Firms

October 20, 2010 at 2:33 pm | Posted in Remote Sensing Law | Leave a comment

by P.J. Blount with the blog faculty

Source – Spatial Sustain:

Pakistan Moves to Bar Unregistered Mapping Firms

by Matt Ball on October 19, 2010

The government of Pakistan is set to approve the Land Surveying and Mapping Bill, according to the Business Recorder. The bill will set up the Survey of Pakistan as the national mapping agency and will require all firms engaged in surveying and mapping to register with the agency.

The wording of the bill acknowledges the increased ease of mapping, with the availability of satellite imagery and GNSS technologies, and aims to instill high-quality standards for mapmaking as well as ensuring against mapping areas of high security risk. The aim also is to reduce duplication of effort, as well as the integrity of survey markers by assigning authority and protection to local governments.

The signature on Agreement between the Japan Aerospace Exploration Agency (JAXA) and the Ramsar Convention Secretariat regarding cooperation on global wetlands survey by use of Daichi satellite images

October 20, 2010 at 2:20 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

Source – JAXA:

The signature on Agreement between the Japan Aerospace Exploration Agency (JAXA) and the Ramsar Convention Secretariat regarding cooperation on global wetlands survey by use of Daichi satellite images

October 18, 2010 (JST)

Japan Aerospace Exploration Agency (JAXA)
Ramsar Convention Secretariat

The Japan Aerospace Exploration Agency (JAXA) and the Ramsar Convention Secretariat (Ramsar Secretariat) has agreed to cooperate on global survey of the Wetlands of International Importance through the use of Japanese ALOS (“Daichi”) satellite images.

On October 18, 2010, Dr. Tachikawa. JAXA President, and Prof. Davidson, Deputy Secretary General of Ramsar Secretariat, attended the side event of the tenth meeting of the Conference of the Parties to the Convention on Biological Diversity (COP 10), entitled “The role of the Ramsar Convention in the implementation of the Convention on Biological Diversity”, hosted by Ministry of Environment (MoE), Ramsar Secretariat and Secretariat of the Convention on Biological Diversity. During the side event they signed on the Agreement with the attendance of Mr. Hiroyuki Tani, head of the secretariat of parliamentary group on Ramsar wetlands.

JAXA has ever provided “Daichi” images on trial to the Ramsar Secretariat to support the wetlands survey. Upon the conclusion of this agreement, JAXA will enhance these cooperation, and provide officially “Daichi” images of Wetlands of International Importance to the Secretariat, based on the coordination what kind of images to provide. Besides, JAXA will publish the database of “Daichi” images.

Ramsar Secretariat will apply ALOS satellite images in wetland inventory, assessment and conservation, for the wise use of wetlands.

* The Ramsar Convention (The Convention on Wetlands of International Importance, especially as Waterfowl Habitat)
This convention is an international treaty adopted at the “International Conference on the Conservation of Wetlands and Waterfowl” on February 2, 1971, in Ramsar, Iran, with the aim of promoting maintenance and wise use of Wetlands of International Importance, especially waterfowl habitats, and fauna and flora which inhabit and grow there. (The Ramsar Convention came into effect on December 21, 1975. As of April 2009, the number of member countries is 159.)

* Wetlands of International Importance
According to the Ramsar Convention, each member country nominates wetlands that seem to be important internationally within its territory, and those wetlands are registered and listed as “Wetlands of International Importance.” As of April 2009, the number of registered wetlands is 1,838 (of which 37 are in Japan.) The total area of the registered wetlands is 173,359,584 hectares.

Australia: Airports Amendment Bill 2010

October 20, 2010 at 2:18 pm | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

Australia’s Parliamentary Library has released its Bills Digest for the Airports Amendment Bill 2010. According to the digest:

The purpose of the Airports Amendment Bill 2010 is to amend the Airports Act 1996 (the Act) to implement certain of the Government’s policies contained in the National Aviation Policy White Paper, Flight path to the future.1

UK Space Agency to lead international collaboration to provide space data for emergency response

October 20, 2010 at 2:12 pm | Posted in Remote Sensing Law Current Events | Leave a comment

by P.J. Blount with the blog faculty

Source the UK Space Agency:

UK Space Agency to lead international collaboration to provide space data for emergency response

As countries around the world celebrate the 10th anniversary of the Charter (International Charter: Space and Major Disasters) the UK has confirmed that it will chair this important collaboration from April 2011. The Charter is an international effort to task Earth Observation (EO) satellites quickly to provide data following a major disaster.

Over the last few years, the Charter has continued to demonstrate the importance of space in helping to optimise the capacity of relief organisations that deal with natural and technological hazards and is increasingly recognised as the best model for providing EO data in an emergency. This is reflected by its growing membership, with Russia, Brazil, Germany and South Korea in the process of joining the Charter.

In recent months the Charter was activated to help the clean up effort after the BP oil spill, to support emergency workers during the flooding in Pakistan, and in the immediate aftermath of the earthquake in Haiti. Between its operational start-up in November 2000 and 19 October 2010, the Charter has been activated 280 times, and already 39 times since the beginning of 2010.

The UK-built Disaster Monitoring Constellation (DMC) is a key member of the Charter and its five satellites, built by Surrey Satellite Technology Ltd, are owned individually by Algeria, China, Nigeria, Turkey and the UK.

The 10th anniversary ceremony is taking place today (Tuesday 19 October) at ESA’s Headquarters in Paris.

10th Anniversary of the International Charter “Space and Major Disasters”

October 19, 2010 at 9:50 am | Posted in Space Law Current Events | Leave a comment

by Sara M. Langston with the blog faculty

Source: redOrbit

On Tuesday October 19, ESA, CNES and the Canadian Space Agency (CSA) will be celebrating the 10th anniversary of this Charter, which has been joined by a further seven space agencies worldwide and activated on average more than twice a month since its creation.

The principle underlying the Charter is that images and data acquired by Earth observation satellites should be made available without charge to the authorities responsible for organising relief operations in disaster areas, via a unified and coordinated system of image acquisition and delivery, wherever in the world the affected region is located.

Between its operational startup in November 2000 and 19 October 2010, the Charter has been activated 280 times, and already 39 times since the beginning of 2010, notably for the earthquake in Haiti in January. It is used throughout the world to monitor natural disasters, mainly those linked to meteorological, seismic and volcanic phenomena. It demonstrates the contribution that space systems can make to crisis management, making the work of the rescue teams on the ground easier.

IISL Press Releases

October 18, 2010 at 2:46 pm | Posted in Space Law Current Events | Leave a comment

by P.J. Blount with the blog faculty

The International Institute of Space Law has released two press releases. First:

Press release IISL 2010-006
18 Oct 2010

The International Institute of Space Law (IISL) is pleased to announce establishment of the new website of the Manfred Lachs Space Law Moot Court Competition at http://www.iislweb.org/lachsmoot/. The new website will further strengthen the Manfred Lachs Space Law Moot Court Competition, the only world-wide moot court competition where the finals are judged by three Judges from the International Court of Justice (ICJ), the highest judicial organ in the world and part of the United Nations.

The world finals of the Competition are held each year at the occasion of the International Astronautical Congress in the presence of the world’s top space lawyers. The most recent world finals were held in Prague, on Thursday 30 September 2010, with Judges Abdul Koroma, Peter Tomka and Leonid Skotnikov presiding. The world finals were won by the team from George Washington University (USA), with the team from the National University of Singapore finishing as first runner-up and the team from the University of Cologne (Germany) as second runner-up.

At Prague the IISL also celebrated its 50th anniversary as the most authoritative world-wide body of academics, professionals and practitioners in the field of space law. The IISL is the only such body with observer status in the United Nations Committee on the Peaceful Uses of Outer Space, in addition to long-standing working relationships with such other authoritative bodies as the International Astronautical Federation (IAF), the International Academy of Astronautics (IAA), the Committee on Space Research (COSPAR), the International Law Association (ILA) and countless regional and national space agencies, institutes and academic bodies.

As a consequence, the Manfred Lachs Space Law Moot Court Competition enjoys the support not only of the ICJ but also of the large majority of the international space law community, be it academic, professional or practicing. Thus, the Competition will continue to encourage, inspire and challenge the young minds of students all around the world to delve into the current legal issues that space activities present.

The regional rounds of the Manfred Lachs are so far being organised for three regions. The regional round for North America continues to be organized by the Association of US Members of the IISL (AUSMISSL) (contact Dr. Milton (Skip) Smith at lachsmoot-northamerica@iislweb.org) and the regional round for Europe by the European Centre for Space Law (ECSL) (contact Mr. Raphael Milchberg at lachsmoot-europe@iislweb.org).

Furthermore, Mr. Jason Bonin (contact at lachsmoot-asiapacific@iislweb.org) has been appointed as regional organiser and the Indonesian Centre for International Law (ISIL) as institutional host of the regional rounds for the Asia/Pacific region for the 2011 competition, to be held in Jakarta, Indonesia, with the full concurrence of the Board of the IISL and the continuing express support from the International Court of Justice. This event will be celebrated by organising, concurrently with the regional round, a conference on space law in Jakarta, in June 2011.

Next year’s case is available at http://www.iislweb.org/docs/2011problem.pdf. The world finals will be held during the International Astronautical Congress in Capetown (South Africa), on 6 October 2011.

More information about IISL can be obtained by visiting the IISL website at http://www.iislweb.org/.

Second:

Press release IISL 2010-007
19 Oct 2010

At the occasion of the celebration of its 50th anniversary at the International Astronautical Congress in Prague, the International Institute of Space Law (IISL) presented several awards to distinguished members of the space law community during the Annual IISL Dinner on 30 September 2010.

Firstly, Prof. V. Kopal (Czech Republic) received the IISL Lifetime Achievement Award. Prof. Kopal has a long and outstanding career in space law amongst others as Chief of the UN Office for Outer Space Affairs, Chairman of the Legal Subcommittee of COPUOS and General Counsel for IAF and IAA. In addition, he has taught space law for many years first at the Charles University of Prague, then at the University of Plzen. Prof. Kopal also is a longstanding Director and Vice-President of the Institute, and has published widely on many issues of space law.

Secondly, Dr S. Ospina (Colombia, United States) was awarded the Distinguished Service Award for her many contributions to the work of IISL, including the UN Highlights in Space Reports and the Manfred Lachs Moot Court Competition. Dr Ospina is also a Director of the Institute, and a well-known author of many articles in the field.

Thirdly, Dr J.M. Contant (France) received the Certificate of Appreciation. Dr Contant serves as Secretary-General of the International Academy of Astronautics (IAA), and in that capacity has contributed greatly to the successful cooperation of IAA and IISL as implemented in particular through a number of joint IAA/IISL conferences and the IAA/IISL Scientific /Legal Roundtables at the annual International Astronautical Congresses. Dr Contant also guided and supported UN recognition of the IISL as UNCOPUOS observer.

Finally, the Dr I.H.Ph. Diederiks-Verschoor Award for the best paper by a young author paper at the IISL Colloquium was awarded to Mr Philip De Man (University of Leuven, Belgium), for his paper entitled “The Commercial Exploitation of Outer Space and Celestial Bodies – A Functional Solution to the Natural Resource Challenge”.

More information about IISL can be obtained by visiting the IISL website at http://www.iislweb.org/.

Library: A Round-up of Reading

October 18, 2010 at 2:10 pm | Posted in Library | Leave a comment

Articles
Jeff Foust, International partners and NASA’s new direction, The Space Review

Reports
Aviation Weather: Agencies Need to Improve Performance Measurement and Fully Address Key Challenges. GAO-10-843, September 9.

Periodicals
First Committee Monitor (Second Edition, 18 October 2010)

Orbital Debris Quarterly News (v. 14, issue 4)

Blogs
ICAO Resolution on Aviation Emissions – Aviation Law Prof Blog

The Mark of Science: Fourth Amendment Implications of Remote Sensing in Criminal Law – GeoData Policy

Update on Draft 2010 California Airport Land Use Planning Handbook – Aviation and Airport Development Law Blog

Justice Department Ignorance of NASA Security – NASA Watch

Drone debate – IntLawGrrls

Debris from Chinese ASAT Test Now More Than 3,000 pieces – Space Policy Online

Spatial Law and Policy Update (October 11, 2010) – Spatial Law and Policy

Do Drone Attacks Violate International Law? – International Law Prof Blog

London ISPL: Evidence from Space: Workshop

October 18, 2010 at 1:19 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

Source – London Institute of Space Policy and Law:

Evidence from Space: Workshop

A Workshop was held on Tuesday, 5 October as part of the Study for the European Space Agency exploring the evidential value and conditions for use of satellite-derived information in administrative and judicial settings.

Delegates were given a briefing document shortly before the workshop, laying out the areas to be covered and summarising some of the issues that were likely to arise.

The program began with an explanation of the aims of the study, followed by a presentation on the nature of legal evidence. The capabilities of satellite systems were discussed, in areas including land motion measurement, pollution and oil spill. Next, papers were presented on cases in which satellite-derived information has been used, including agricultural subsidy claims. A summary of evidential law in a variety of jurisdictions was then covered, highlighting similarities and differences in admissibility and standards of proof.

The results of a study on the use of satellite information in Australia were presented.

Two case studies were then presented. The first took a form similar to a moot. Details of a hypothetical land subsidence dispute were described and the presenters took the position of plaintiff’s advocates, with the participants acting as judges and lawyers for the defendant. The second case involved a hypothetical oil spill, with participants acting as lawyers advising the various parties involved.

There followed a panel discussion with questions, answers and debate from the floor. Issues identified during the day were discussed, and areas requiring further study were touched upon.

A number of issues arose in relation to the collection, collation and processing of satellite-derived information, how it could be adapted to meet specific needs, and how to overcome limitations so as to facilitate its greater use as evidence.

88 high-level legal, administrative and technical experts took part in the Workshop. The dialogue was documented by a large number of technical and legal rapporteurs, as well as an audio recording. These will be combined with the records of the Study Team to produce Proceedings of the Workshop in the near future.

The Institute’s Study Team will carry out further research and dialogue before preparing a report on its findings, to be presented early next year.

Go to the event page for other materials from the workshop,

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