Haley Archive: Arthur C. Clarke August 1956 Letter on GPS, DBS, and more…

March 27, 2008 at 7:36 am | Posted in Haley Archive | 1 Comment

By Joanne Irene Gabrynowicz with the blog faculty

Andrew G. Haley was the author of one of the world’s seminal space law texts, Space Law and Government (Appleman, Century, Croft, 1963). Some of his papers were given to the late Stephen Gorove, upon whose work the NCRSASL was based. The Center is now processing these papers as the Andrew G. Haley Archive to be made available to researchers. The letter below was written by Clarke to Haley in 1956 and was discovered this week during the continued processing of Haley’s papers. Given the recent passing of Arthur C. Clarke, the Center decided that this letter will be of particular interest to the space community at this time. Therefore, we are making it availbale through Res Communis at this time.
Click on Thumbnail to Read

Clarke Letter 1Clarke Letter 2

New York Passenger Bill of Rights Struck Down

March 26, 2008 at 9:23 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty
The Second Circuit Court of Appeals has Struck down the New York Passenger Bill of Rights (Jurist Paper Chase; Aviation Law Prof Blog). The 16 page opinion in Air Transport Association of America v. Cuomo (Docket No. 07-5771-cv, 2d Cir. 2007) holds that the New York law is preempted by the Airline Deregulations Act of 1978 (P.L. 95-504):

In light of our determination that the PBR is preempted by the ADA, however, we need not address the scope of any FAA preemption, and we decline to do so here. Although the goals of the PBR are laudable and the circumstances motivating its enactment deplorable, only the federal government has the authority to enact such a law. We conclude, then, by reiterating our holding that the PBR’s substantive provisions, codified at section 251-g(1) of the New York General Business Law, are preempted by 49 U.S.C. § 41713(b)(1).

Federal Register: ITAR Amendment

March 26, 2008 at 8:20 am | Posted in Aerospace Law Interfaces | Leave a comment

by P.J. Blount with the blog faculty
The Department of State released an amendment to the International Traffic in Arms Regulations in today’s Federal Register (73 F.R. 15885):

SUMMARY: The Department of State is amending the International Traffic in Arms Regulations (ITAR), to clarify United States policy to allow for reexports or retransfers of U.S.-origin components incorporated into a foreign defense article to the North Atlantic Treaty Organization (NATO), and its agencies, as well as to NATO member governments.

The amendment reads:

Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 123 is amended as follows:


1. The authority citation for part 123 continues to read as follows:

Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. L. 105-261, 112 Stat. 1920; Sec. 1205(a), Pub. L. 107-228.

2. Section 123.9 is amended by revising paragraph (e) introductory text to read as follows:

Sec. 123.9 Country of ultimate destination and approval of reexports or retransfers.

* * * * *
(e) Reexports or retransfers of U.S.-origin components incorporated into a foreign defense article to NATO, NATO agencies, a government of a NATO country, or the governments of Australia or Japan, are authorized without the prior written approval of the Directorate of Defense Trade Controls, provided:

Sirius and XM Radio Merger Approved by the Department of Justice

March 25, 2008 at 9:29 am | Posted in Aerospace Law Interfaces | Leave a comment

Department of Justiceby P.J. Blount with the blog faculty
The Department of Justice Antitrust Decision has approved the merger of XM Satellite Radio Holdings Inc. with Sirius Satellite Radio Inc. The DoJ’s statement states that there merger would not “substantially lessen competition:”

“After a careful and thorough review of the proposed transaction, the Division concluded that the evidence does not demonstrate that the proposed merger of XM and Sirius is likely to substantially lessen competition, and that the transaction therefore is not likely to harm consumers. The Division reached this conclusion because the evidence did not show that the merger would enable the parties to profitably increase prices to satellite radio customers for several reasons, including: a lack of competition between the parties in important segments even without the merger; the competitive alternative services available to consumers; technological change that is expected to make those alternatives increasingly attractive over time; and efficiencies likely to flow from the transaction that could benefit consumers.

“The Division’s investigation indicated that the parties are not likely to compete with respect to many segments of the satellite radio business even in the absence of the merger. Because customers must acquire equipment that is specialized to the satellite radio service to which they subscribe, and which cannot receive the other provider’s signal, there has never been significant competition for customers who have already subscribed to one or the other service. For potential new subscribers, past competition has resulted in XM and Sirius entering long-term, sole-source contracts that provide incentives to all of the major auto manufacturers to install their radios in new vehicles. The car manufacturer channel accounts for a large and growing share of all satellite radio sales; yet, as a result of these contracts, there is not likely to be significant further competition between the parties for satellite radio equipment and service sold through this channel for many years. In the retail channel, where the parties likely would continue to compete to attract new subscribers absent the merger, the Division found that the evidence did not support defining a market limited to the two satellite radio firms that would exclude various alternative sources for audio entertainment, and similarly did not establish that the combined firm could profitably sustain an increased price to satellite radio consumers. Substantial cost savings likely to flow from the transaction also undermined any inference of competitive harm. Finally, the likely evolution of technology in the future, including the expected introduction in the next several years of mobile broadband Internet devices, made it even more unlikely that the transaction would harm consumers in the longer term. Accordingly, the Division has closed its investigation of the proposed merger.”

The full statement is available from the DoJ.

Federal Register: Aerospace, Defense and Security Trade Mission to Athens, Greece

March 25, 2008 at 9:02 am | Posted in Aerospace Law Interfaces | Leave a comment

by P.J. Blount with the blog faculty
The International Trade Administration announced an Aerospace, Defense and Security Trade Mission to Athens, Greece October 7-10, 2008 in today’s Federal Register (73 F.R. 15722-15724):

Mission Description: The United States Department of Commerce, International Trade Administration, U.S. Commercial Service is organizing an Aerospace, Defense and Security Trade Mission, October 7-10, 2008, to Athens, Greece, with an optional stop in Tel Aviv, Israel, October 5-6, 2008. The mission will coincide with Defendory 2008 in Athens, where U.S. participants will meet with both Greek and Turkish business contacts. Defendory is one of the world’s leading exhibitions for sea, land and air defense products and technologies. The trade mission will target a broad range of aerospace, defense, and safety and security products and services, and will consist of customized one-on-one appointments at the Defendory exhibit site between U.S. participants and Greek customers/business partners, as well as Turkish customers/business partners. Delegation members may take advantage of the optional stop in Israel before the mission starts in Greece.

The goal of the mission will be to match participating U.S. companies with pre-screened agents, distributors, representatives, licensees, buyers, and joint venture partners, and where appropriate, arrange for appointments with government officials, traditionally large purchasers of products and services in the highlighted sectors. Consumers in Greece, Turkey and Israel have a strong affinity for U.S. products and services in these sectors.

LIBRARY: A Round Up of Reading

March 24, 2008 at 9:35 am | Posted in Library | Leave a comment

Burkett, Alex. Note. China’s two-dimensional skies: the “Chineseness” of aviation law in China and how it helps us understand Chinese law. 16 J. Transnat’l L. & Pol’y 251-274 (2007).

Mark Middendorff, CBS Broadcasting, Inc. v. EchoStar Communications Corp, 17 DePaul-LCA Journal of Art and Entertainment Law 371 (2007).

Jacob M. Harper, Technology, Politics, and the New Space Race: The Legality and Desirability of Bush’s National Space Policy under the Public and Customary International Laws of Space 8 Chicago Journal of International Law 681 (2008).

Taylor Dinerman – Messy Battlefields – The Space Review

Aviation and the Environment: FAA’s and NASA’s Research and Development Plans for Noise Reduction Are Aligned but the Prospects of Achieving Noise Reduction Goals Are Uncertain. GAO-08-384, February 15.

Moving to First-to-File – Patently-O

News on Open Skies – Aviation Law Prof Blog

DOT “Clarifies” Airline Deregulation Act’s Pre-Emptive Effect On States’ Passenger Rights Legislation – Aviation Law Discussions

Press Release
AIA – Blakey Addresses Aerospace States Association Export Control Modernization Hearing

Committee on New Opportunities in Solar System Exploration – Opening New Frontiers in Space: Choices for the Next New Frontiers Announcement of Opportunity (National Academic Press 2008)

Guest Blogger: Update on the Current Status of Japan’s Pending Space Law

March 21, 2008 at 9:48 am | Posted in Guest blogger, Space Law, Space Law Current Events | Leave a comment

By Hiroshi Kiyohara, Guest Blogger

The 169th ordinary Diet session opened on Jan. 18, 2008, only three days after the 168th extraordinary Diet session drew to a close.

Despite the fact that the extraordinary session was extended twice, the bill “Japan’s Fundamental Act of Outer Space” was left unacted upon. The deliberation of this bill has been carried over to the new session which has a 150-day term. Why does it take so long time to debate and enact the bill? It is not because the bill itself has some problems, but because our country faces political instability. Passing legislation has become very tough for the Liberal Democratic Party and New Komeito ruling bloc since the House of Councilors election last July. On this election, the opposition camp scored a major triumph and took control of the chamber. Due to this, it is unclear whether the pending space bill will pass the Diet soon or stay up in the air. I personally have a hope that it will become law around this June.

Access Denied: U.S. Law Will Limit Canadian Access to RADARSAT-2 Data if Sale of MDA’s Space Division Proceeds

March 20, 2008 at 4:32 pm | Posted in Remote Sensing Law, Remote Sensing Law Current Events | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty
Press release from the Rideau Institute:

OTTAWA, March 20 /CNW Telbec/ – On the same day that Industry Minister Jim Prentice announced a 30-day delay on his decision whether to approve the sale of MacDonald Dettwiler and Associates’ (MDA) space division to U.S.-based Alliant Techsystems (ATK), the Rideau Institute and the Canadian Auto Workers (CAW) released a legal opinion that raised concerns about the proposed deal. “Our legal opinion clearly shows that the sale of MDA’s space division to a U.S. arms manufacturer would hand Washington the power to deny Ottawa access to images from our own satellite,” said Steven Staples, President of the Rideau Institute.
“This legal opinion also underscores our view that the planned sale would be detrimental to our national sovereignty, the industry as a whole, and ultimately to good, highly specialized Canadian jobs such as at the robotics plant in Brampton, Ontario,” said Carol Phillips, Assistant to CAW President, Buzz Hargrove. “We need federal reinvestment not a wholesale sell off of our entire space sector.”
The legal opinion was written by Rideau Institute’s Legal Counsel, Steven Shrybman of Sack Goldblatt Mitchell LLP. Among his conclusions, Mr. Shrybman notes that the proposed sale of MDA assets to ATK is entirely contrary to
Canada’s interests and can not reasonably be approved under either the Investment Canada Act or the Remote Sensing Space Systems Act.

More particularly, it is our view that:

– Under U.S. regulations concerning remote sensing space systems such as RADARSAT-2, U.S. national interests take precedence and will supercede the authority Canada now exercises under the Remote Sensing Space Systems Act over the operation of Radarsat-2, which includes the right to assert priority access to the information it gathers;

– Therefore, the sale of MDA assets to ATK will seriously weaken or defeat Canada’s ability to achieve the objectives of Remote Sensing Space Systems Act which are explicitly to “ensure national security, the defence of Canada, the safety of Canadian Forces, Canada’s conduct of international relations, and Canada’s international obligations” and”the competitiveness …of the Canadian remote sensing space industry

– Accordingly, there is no reasonable or lawful basis for approving the transfer of MDA’s satellite license to ATK under the Remote Sensing Space Systems Act.

The full, 10- page letter containing the legal opinion written by Mr. Steven Shrybman on the letterhead of Sack Goldblatt Mitchell LLP, and which is addressed to the Honorable Jim Prentice, Ministry of Industry, House of Commons and the Honrable Maxime Bernier, Minister of Foreign Affairs, House of Commons, is available for download.

Source: CNW Group

Ambassador Grinius (Canada) to Coordinate CD Discussions on PAROS

March 20, 2008 at 1:14 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty
Ambassador Grinius of Canada has been named as the Coordinator for “substantive discussions” on the topic of a Prevention of an Arms Race in Outer Space at the 2008 Conference on Disarmament. In decision dated March 13 (CD/1840) he was appointed to this position by the presidents of the 2008 CD:

3. To appoint Ambassador Grinius (Canada) as Co-ordinator to preside over substantive discussions dealing with issues related to Prevention of an Arms Race in Outer Space.

Kazakhstan to Create Space System for Remote Sensing of Earth

March 20, 2008 at 11:58 am | Posted in Remote Sensing Law Current Events | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

MOSCOW. March 19 (Interfax-AVN) – Kazakhstan has announced a tender to create a national space system for remote sensing of the Earth, the Russian Federal Space Agency has reported.

Twelve companies specializing on the development of satellites for remote sensing of the Earth, including the Canadian company MDA, have expressed an interest in the tender. Specifically, this issue was discussed during a visit by a delegation of the Kazakh Space Agency to Canada.

Source: Red Orbit and Daily News Bulletin; Moscow – English

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