Judgment of the Court (Second Chamber) of 16 October 2008 — Commission of the European Communities v Kingdom of Spain (Case C-136/07)

December 8, 2008 at 10:04 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

A ruling from the European Court of Justice from the Official Journal of the European Union:

Judgment of the Court (Second Chamber) of 16 October 2008 — Commission of the European Communities v Kingdom of Spain
(Case C-136/07) (1)

(Failure of a Member State to fulfil obligations — Directives 89/48/EEC and 92/51/EEC — Recognition of diplomas and professional education and training — Profession of air traffic controller)
(2008/C 313/07)
Language of the case: Spanish

Parties
Applicant: Commission of the European Communities (represented by: H. Støvlbæk and R. Vidal Puig, acting as Agents)
Defendant: Kingdom of Spain (represented by: M Muñoz Pérez, Agent)

Re:
Failure of Member State to fulfil its obligations — Infringement of Council Directives 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16) and 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) — Taking up the profession of air traffic controller.

Operative part of the judgment

The Court:
1. Declares that, by failing to adopt, in connection with the profession of air traffic controller, the laws, regulations and administrative provisions necessary to comply with Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration and Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement

Directive 89/48, the Kingdom of Spain has failed to fulfill its obligations under those directives;

2. Orders the Kingdom of Spain to pay the costs.

FAA: ANALYSIS OF HUMAN SPACE FLIGHT SAFETY – Report to Congress

December 8, 2008 at 9:49 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The FAA has posted Analysis of Human Space Flight Safety: Report to Congress. From the Executive Summary:

Scope
This study addressed the following eight topics related to activities and responsibilities of the FAA Office of Commercial Space Transportation (FAA/AST):

1. The standards of safety and concepts of operation that should guide the regulation of human space flight and whether the standard of safety should vary by class or type of vehicle, the purpose of flight, or other considerations;

2. The effectiveness of the commercial licensing and permitting regime under chapter 701 of title 49, United States Code, particularly in ensuring the safety of the public and of crew and space flight participants during launch, in-space transit, orbit, and reentry, and whether any changes are needed to that chapter;

3. Whether there is a need for commercial ground operations for commercial space flight, including provision of launch support, launch and reentry control, mission control, range operations, and communications and telemetry operations through all phases of flight, and if such operations developed, whether and how they should be regulated;

4. Whether expendable and reusable launch and reentry vehicles should be regulated differently from each other, and whether either of those vehicles should be regulated differently when carrying human beings;

5. Whether the Federal Government should separate the promotion of human space flight from the regulation of such activity;

6. How third parties could be used to evaluate the qualification and acceptance of new human space flight vehicles prior to their operation;

7. How nongovernment experts could participate more fully in setting standards and developing regulations concerning human space flight safety; and

8.Whether the Federal Government should regulate the extent of foreign ownership or control of human space flight companies operating or incorporated in the United States.

Space Law Professor is Invited Speaker At Gatherning of World Experts

December 7, 2008 at 9:11 pm | Posted in NCRSASL News | Leave a comment

by P.J. Blount with the blog faculty

From the UM News Desk:

Space Law Professor is Invited Speaker At Gatherning of World Experts
Written by Andrew Abernathy
12/05/2008

OXFORD, Miss. – Space is not just for astronauts and scientists anymore. As satellite and remote sensing technology advances, the lawyers, farmers and policymakers of the future are taking notice.

As part of Statistics from Space, a recent convention of world experts on remote sensing, agriculture and space law, a University of Mississippi law professor was invited to make a presentation on current research at UM’s National Center for Remote Sensing, Air and Space Law.

Joanne Gabrynowicz, director of the center, spoke at the convention last month in Seattle, and coordinated by the Bill and Melinda Gates Foundation.

Her presentation dealt with the importance of archiving data collected by satellites and how that information can affect public policy and aid in planning agricultural and urban development. She used examples of data collected from irrigation systems and food producers across the world to show how they establish a basis for decision-making for agricultural planners, economists, lawmakers, industry leaders and scientists. “What I learned is that remote sensing has begun to be noticed by organizations that traditionally don’t have anything to do with space,” Gabrynowicz said.

The foundation invited several other experts in their fields, including an environmental scholar, members of a satellite mapping organization and satellite designers, as well as representatives from the European Commission, United Nations and U.S. Department of Agriculture.

The underlying purpose of the meeting was to determine how developing technologies can be used for the public good, including aiding countries that are still technologically less advanced as the world continues to transition from the industrial to the technological age.

The Statistics from Space participants established four long-term goals during the convention, according to an outline of the gathering. These goals include the “accurate and timely” monitoring of agricultural statistics, providing accurate production forecasts, monitoring food distribution and land uses, and establishing free, public access to that information.

Gabrynowicz, a graduate of Hunter College and Yeshiva University, joined the UM faculty in 2001 after being recruited from the University of North Dakota, where she was a founding member of the space studies program. She is a frequent guest lecturer on space law around the world. In 2007 she was elected to the board of directors for the International Institute of Space Law, where she advises lawmakers on the construction of space laws in developing nations.

The Bill and Melinda Gates Foundation is based in Seattle and is one of the world’s largest private foundations. According to the foundation’s Web site, http://www.gatesfoundation.org, the organization’s primary interests are the global enhancement of health care and the reduction of poverty. In the U.S., its primary focus is on educational issues and the improvement of information technology.
For more information about the National Center for Remote Sensing, Air and Space Law, visit http://www.spacelaw.olemiss.edu .

ITU Radio Regulations Board concludes meeting

December 5, 2008 at 12:34 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From the ITU:

ITU Radio Regulations Board concludes meeting

Geneva, 5 December 2008 — The ITU Radio Regulations Board (RRB) concluded its deliberations today. Meeting under the chairmanship of Ms Julie N. Zoller (USA), the 49th meeting of the Board completed revisions to the Rules of Procedure for the application of the Radio Regulations as modified by the World Radiocommunication Conference held in 2007.

The Radio Regulations comprise of the international treaty governing the use of the radio-frequency spectrum and satellite orbits. The Radio Regulations Board addresses matters which cannot be resolved through application of the ITU Radio Regulations and to consider cases of unresolved radio interference among countries. The twelve members of the RRB are elected by ITU Member States.

The Board elected Dr Ali R. Ebadi (Malaysia) as chairman and Dr Mindaugas Zilinskas (Lithuania) as vice-chairman for the year 2009 and will resume its work at the 50th meeting in March 2009.

2008 Moot Court Final Video Available

December 5, 2008 at 12:23 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The video of the finals from the 2008 <a href="http://www.iislweb.org/competition.html“>Manfred Lachs Space Law Moot Court Competition is online.

Report: Real Space, Real Law, Real Progress

December 5, 2008 at 12:18 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

A report on the IAC plenary meeting Real Space, Real Law, Real Progress is available from the IAF website.

Space Debris and NEO Reports From UNOOSA

December 5, 2008 at 12:13 pm | Posted in Library, Space Law | Leave a comment

by P.J. Blount with the blog faculty

The UNOOSA website has posted to country reports on “space debris, safety of space objects with nuclear power sources on board and problems relating to their collision with space debris:”

Germany

Japan

There are also two new reports on NEOs posted:

Summary of the presentation made by the Association of Space Explorers to the 2008 Committee on Space Reserach (COSPAR) Scientific Assembly

Report by the International Astronomical Union (IAU)

JAXA and UNESCO concluded Memorandum of Unity for Monitoring World Heritage Sites

December 5, 2008 at 12:01 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From JAXA:

JAXA and UNESCO concluded Memorandum of Unity for Monitoring World Heritage Sites

December 2, 2008 (JST)

Japan Aerospace Exploration Agency (JAXA)

The Japan Aerospace Exploration Agency (JAXA) and the United Nations Educational, Scientific, and Cultural Organization (UNESCO) concluded a Memorandum of Unity (MOU) for cooperating in monitoring World Heritage Sites using the Advanced Land Observing Satellite “DAICHI” (ALOS) to watch and protect the common legacy of all mankind.

Since 2003, UNESCO has been monitoring the World Heritage Sites by satellite to protect them in corporation with the European Space Agency (ESA) under the “open initiative on the use of space technologies to support the World Heritage”*1.

Meanwhile, JAXA has been monitoring all over the Earth for about three years through the “DAICHI” since its launch in January 2006. Our accumulated observation data includes that of World Heritage Sites.

Under the abovementioned background, JAXA and UNESCO had been discussing the possibility of using data acquired by the “DAICHI,” and decided to conclude a MOU.

Under the MOU, JAXA agrees to acquire image data on 10 World Heritage Sites*2 in Japan and other foreign countries, mainly Asian countries, about twice a year to provide the data to UNESCO. In addition, JAXA plans to make a data base of World Heritage Site images acquired to date to publish them. UNESCO will use the data to help protect World Heritage Sites with other related research institutions in the world and the hosts of the Heritage Sites.

JAXA and UNESCO will cooperatively do our best to carry out our respective roles to protect the World Heritage Sites, which have a common universal value for all mankind, and to ensure they are inherited to the next generation.

JAXA and UNESCO held a ceremony for concluding the MOU at the JAXA Tokyo office on December 2, 2008, and President Tachikawa of JAXA and Director General Matsuura of UNESCO signed the pact. Vice Minister Sakata of the Ministry of Education, Culture, Sports Science and Technology of Japan (MEXT), Mr. Yamamoto, the Japanese ambassador to UNESCO and other MEXT and UNESCO personnel were also present.

* *1 Open initiative on the use of space technology to support World Heritage sites
This is a joint cooperative activity to monitor and protect the World Heritage sites using space technology led by UNESCO and ESA that started in 2003. The organizations and institutions who participate in the initiative provide technological cooperation and other support for the common objective of monitoring and protecting World Heritage sites.
Currently, 24 space related organizations in addition to the ESA participate in the initiative including the following: Le Centre national d’etudes Spatials (CNES,) Deutsches Zentrum fur Luft und Raumfahrs (DLR,) the Canadian Space Agency (CSA,) the National Aeronautics and Space Administration (NASA,) the NASA Jet Propulsion Laboratory (JPL,) the U.S. Geological Survey (USGS), the Indian National Remote Sensing Agency (NRSA,) the China Research Center, and organizations from Iraq, Syria, Brazil, Lebanon, Argentine, Egypt, and Morocco.

* *2 DAICHI observation target sites (Currently under coordination. It is planned to mainly select natural Heritage Sites based on the special features of the DAICHI sensor.
Shirakami mountain region, Yakushima island, and Shiretoko in Japan, Angkor Wat (Cambodia), Sichuan Giant Panda Sanctuaries (China), Sagarmatha National Park (Nepal,) Manas Wildlife Sanctuary (India,) Ha Long Bay (Vietnam,) Ancient Maya City of Calakmul (Mexico,) Historic Sancutary of Machu Picchu (Peru)

(Reference)

* World Heritage Sites
The registered World Heritage sites based on the “Convention concerning the Protection of World Culture and Natural Heritage” are categorized in the fields of cultural heritage, natural heritage and cultural and natural heritage (mixed.) As of July this year, the total number of cultural Heritage Sites was 679, that of the natural heritage sites was 174, and the mixed ones were at 25. (Among them, 11 cultural Heritage Sites and three natural sites are in Japan.)

Library: A Round-up of Reading

December 5, 2008 at 12:00 pm | Posted in Library | Leave a comment

Articles
Capt Adam E. Frey, USAF, Defense of US Space Assets: A Legal Perspective

Journals & Newsletters
Air & Space Power Journal (Winter 2008)

House Committee on Science and Technology E-News (November 2008)

MilSat Magazine (November 2008)

Reports
2008 FGDC Annual Report

Transportation Security Administration’s Suspension of the Butane Lighter Ban Onboard Commercial Aircraft. GAO-09-177R, December 5

CRS – Other Transactions Authority

FAA – Analysis of Human Space Flight Safety: Report to Congress

Blogs
Launch of Cosmos-2446, a new first-generation early-warning satellite – Russian Strategic Nuclear Forces

IAEA ‘baffled’ by lack of satellite footage of Syria – FP Passport

Kavosh at its Peak – Arms Control Wonk

ITAR: Is there a possibility of export reform with Obama? – Spaceports

New regulatory relief or just a reminder of how good they have been to us? (update – no relief in sight) – Dick’s Rocket Dungeon

Article on Asteroid Threat and Initiatives Through U.N. – Planetary Defense Blog

Missile Warning Worries Spurs New Program; Congress Skeptical – DoD Buzz

Losing another Congressional advocate – Space Politics

European Space Policy Institute papers available online – Secure World Foundation

BIS Clarifies Aircraft Part Rules – Export Law Blog

U.N. Spies on Pirates from Space – Wired Danger Room

ESA spending on human transportation studies revealed – Hyperbola

False alarm? – Space Politics

VA Spaceport Auto Tag May Be Issued – Spaceports

An *Official* Seat At The Table… – Open NASA

What if a Child is Born on the Moon? – Into the Universe

Russia – India Space Cooperation

December 5, 2008 at 11:45 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From RIA Novisti:

Russia, India to ink deals on arms, space, nuclear power
10:14 | 05/ 12/ 2008

NEW DELHI, December 5 (RIA Novosti) – Russian President Dmitry Medvedev’s current visit to India is expected to see the two countries sign a number of high-profile deals.

The Russian president arrived in India on Thursday on an official two-day visit to discuss bilateral ties amid the global financial crisis and anti-terrorist efforts in the aftermath of the recent Mumbai attacks that left 174 people dead.

Medvedev is being accompanied by a host of officials and businessmen from various state-run and private agencies and companies during his visit. . . .

. . . Russia’s space agency said Moscow and New Delhi would sign a new document on cooperation in space exploration, which includes plans to send two Indian astronauts to space on board a Russian Soyuz spacecraft in 2013. . . [Full Story]

From Roscosmos (unofficial Google Translation):

05-12-2008 Today, Russia and India plan to sign a new manned space program

Today, Russia and India plan to sign a new manned space program, which in 2013 on Russian Soyuz flight on Indian astronaut, told reporters on Friday Roscosmos head Anatoly Perminov.

“Today will be signed for a new manned program – said Perminov.

According to the document, said Perminov, the first flight of Indian astronauts to be held in 2013 on the Russian ship.
At the spacecraft’s own production of Indians are planning to commit a flight in 2015, Perminov added.

“The program in late December – early January 2009 Russia and India intend to carry out pre-event, and the contract is scheduled for signature in 2009″ – said the head of Roscosmos.

Perminov explained that India will pursue its pilot program, Russia also will assist in the establishment of pilot ships and training of astronauts. ”

This is an unofficial translation and is provided to the readership of Res Communis as a convenience.

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