bluuebunny/crossref_metadata_2025 huggingface dataset:
Standar Mutu Pendidikan
Authors: Siswopranoto Mokh. Fakhruddin
Published: March 2022

Education is something strategic and fundamental to the intellectual life of the nation. Improving the quality of education is one of the main pillars in building education in Indonesia. Quality education is education that is able to produce graduates who have the ability or competence, both academic competence, and vocational competence, which are based on personal and social competencies, as well as noble moral values, all of which are life skills. produce a complete human being (a complete human being) or a human being with an integral personality (integrated personality) capable of integrating faith, knowledge, and charity. There are several steps that must be done, namely a). Form a strong team, b). Confirming the vision, mission, and goals of the institution, c). Analyzing Problems, d). Determine the quality policy, e) Determine the quality standard, f). determine quality standards, g). determine the procedure. In implementing TQM in schools, the following aspects must also be considered: a). Learning services for students, b). Student management and services, c). Educational Facilities, d). School culture, e). Education Financing, f). Community attention and participation, g). Education Management.
A szabadi kelta temető hamvasztott embertani leletei
Authors: K. Zoffmann Zsuzsanna
Published: March 2022

A lelőhelyen 1981-ben feltárt temetőrészlet 9 hamvasztásos sírjának leletei álltak az embertani vizsgálat rendelkezésére. Az alábbiak az anyag síronkénti leírását, valamint a vizsgálati eredményeket tartalmazzák.
Méri István és középkori régészeti falukutatásunk születése
Authors: Fodor István
Published: March 2022

Méri István szegény parasztcsaládból származott, nagy nehézségek árán végezte el a középiskolát, majd 1932-ben a Nemzeti Múzeumba került, ahol restaurátor lett, nyaranként őskori ásatásokon dolgozott. 1942-1944-ben Kolozsváron az Erdélyi Tudományos Intézet munkatársa lett, itt végezte első középkori ásatásait (Kidé, Kolozsvár-Fő tér). Egyetemi tanulmányait Budapesten és Kolozsváron végezte. 1945 után a Néptudományi Intézet, majd 1949-től a Nemzeti Múzeum munkatársa. 1948-49-ben Túrkeve-Móricon tár fel későközépkori falutelepülést, majd 1950-51-ben Tiszalök-Rázompusztán hazánkban elsőként tárja fe l egy> Árpád-kori falu jelentős részét. Ezzel az ásatással és dolgozataival ő teremti meg hazánkban az Árpád-kori falukutatás elméleti és gyakorlati alapjait. Az ötvenes években az ELTE-n oktatja a hallgatókat, megteremti a falukutató régészeti iskolát. Az Orosháza-kardoskúti ásatása (1955-57) feldolgozásában kijelöli falufeltárásaink helyét a nemzetközi kutatásban. Felismerései máig nem évültek el, falukutatóink élvonala az ő nyomdokain halad.
Árpád-kori településnyomok Pest megye északi részén. Feltárások a DN800 MOL gázvezeték nyomvonalán
Authors: Koller Melinda
Published: March 2022

This paper presents three settlement excavations from the Árpádian Age along the MOL gas pipeline in Pest County. Pilisvörösvár-Keréktanya site can be dated to the 10th–11th centuries. The other two sites, in the Zsámbék-Basin, are from the second half of the 12th and the first half of the 13th centuries. They have a farm-like character with a dispersed settlement structure. This is inferred by the relatively small number of features near the houses, which can be correlated to single households.
Árpád-kori korszakos prediktív régészeti modellezés Perkáta térségében
Authors: Mesterházy Gábor
Published: March 2022

Jelen tanulmányban a korszakokra, periódusokra bontott prediktív régészeti modellekkel, mint tudományos és kutatási szempontból alkalmazható módszerrel foglalkozom. A Perkáta környéki mintaterületen végzett terepbejárás adatai alapján lehetőség nyílt a mintaterület kora, középső és késő Árpád-kori prediktív modelljének elkészítésére. Ezek ellenőrzése, illetve a korszakos eredmények összevetése egyúttal rávilágított az emberi megtelepedés periódusonként módosuló térszínváltozására is.
The Late Bronze Age “scrap hoard” from Nagydobsza. Part I
Authors: Tarbay János Gábor
Published: March 2022

The aim of this study is to evaluate the Late Bronze Age hoard from Nagydobsza (Hungary, Co. Baranya) from the perspective of the typo-chronological method and macroscopic examination. The Nagydobsza hoard consists of 263 artefacts (total weight: 19.053 g) which can be classified into five groups: weapons, tools, clothing parts, semi-finished products and metal working debris. According to the macroscopic investigation, the objects can be divided into different technological groups, such as finished products (in certain cases with traces of usage), unrefined products, “defected” objects, semi-finished products and metal working debris. Another important characteristic of the hoard is its highly fragmentary state, which is mostlikely the result of an intentional, non-votive partitioning of the objects. Although the parallels of the hoard can be dated between the Ha A1 and Ha B1 periods, it also shows strong relations to the “Gyermely type” hoards. Based on typological arguments, the assemblage was most likely deposited in the Ha B1.
Régészeti kutatások a visegrádi Sibrik-dombon
Authors: Buzás Gergely , Boruzs Katalin , Merva Szabina , Tolnai Katalin
Published: March 2022

Visegrád ókori és középkori műemlék-együttesének fontos részét képezik a Sibrik-dombon és az azt övező Várkert-völgyben feltárt római- és középkori lelőhelyek. A tanulmány a 2013–2015-ben végzett ásatások eredményeit ismerteti. Az új ásatások során derült fény arra, hogy az elhagyott római falak között már az államalapítás korát megelőzően, a 8. század végétől és a 9. században folyt élet, majd a késő Árpád-korig bizonyítható a központi hely használata.
On the metallurgy of the Füzesabony Culture. Bronze finds and casting moulds from the Füzesabony Bronze Age tell settlement
Authors: Szathmári Ildikó
Published: March 2022

The high-level metallurgy and craftsmanship of the Bronze Age tell cultures are primarily known from burials and hoards. In spite of the fact that most tell settlements yielded objects denoting local bronze casting (moulds, clay bellow pipes etc.), the number of bronze finds on the settlements is fairly low. On the Füzesabony-Öregdomb tell settlement altogether some 25 pieces of bronze objects and seven casting moulds indicate local bronze casting. This paper presents the bronze finds of the settlement in details with modern archaeometrical studies and discusses the questions arising on the metallurgical research of the Füzesabony Culture.
Késő vaskori leletek Karcsáról
Authors: Tankó Károly
Published: March 2022

Karcsa Északkelet-Magyarországon a Bodrogközben, a magyar-szlovák államhatár közelében, a magyarországi késő vaskor tekintetében kevéssé kutatott területen található. 1999-ben a Magyar Nemzeti Múzeum által végzett próbafeltárás során késő vaskori települési objektumot találtak, amelyből kerámialeletek és egy „currency bar” töredéke került napvilágra. A települési kerámialeletek jelentősége, hogy rájuk támaszkodva a Kelet-Magyarországra jellemző kelta és szkíta komponensek mellett az Északi-Kárpátokon túlnyúló kapcsolatrendszer is körvonalazható.
Prediktív régészeti modellezés eredményeinek fejlesztése
Authors: Mesterházy Gábor
Published: March 2022

Jelen tanulmány arra keres választ, hogy a prediktív régészeti modellek eredményei miként fejleszthetők, javíthatók újabb adatforrások vagy pontosabb térbeli adatok bevonásával. Azonos modellezési folyamat és paraméterek mellett a Polgár környéki mintaterületen a szakirodalmi és új terepbejárásokon alapuló régészeti adatok, valamint az „emberi faktor” bevonásának hatását vizsgáltam.
Civil liability concerning unlawful interference with civil aviation
Authors: Awford Ian
Published: March 2022

In December 1948, a Washington Radio Station telephoned various ambassadors in the capital asking what they would like for Christmas. The unedited replies were recorded and broadcast in a special programme the following week. ’Peace throughout the world’, proclaimed the French Ambassador. ’Freedom for all people enslaved by imperialism’, demanded the Russian Ambassador. ’Well, its very kind of you to ask’, came the polite voice of Sir Oliver Shewell, the British Ambassador. ’I’d quite like a box of crystallised fruit.’
IASL – IISL International and Interdisciplinary Workshop on Policy and Law Relating to Outer Space Resources: The Example of the Moon, Mars and Other Celestial Bodies
Authors: Salin Patrick-André
Published: March 2022

It is a report on workshop on policy and law relating to outer space resources which took place at the McGill University in Montreal, Canada in June 2006. The workshop was divided into five sessions: Session 1: State-of-the-art technologies and international cooperation. Session 2: The role of private actors. Session 3: Environmental concerns. Session 4: The adequacy of the current legal and regulatory framework. Session 5: the acceptability of the Moon agreement and the road ahead.
The 2006 ECAA Agreement: Centrepiece of the European Community’s Aviation Policy Towards its Neighbours
Authors: Bombay Peter , Gergely Máté
Published: March 2022

The article explains how the Community’s aviation policy towards its Neighbours is embedded in the external aviation policy of the Community, as it is emerging since the Court of Justice ‘Open skies’ judgements of November 2002. The article focuses in detail on the European Common Aviation Area (ECAA) agreement signed in June 2006, as the first concrete result of this neighbourhood policy, and refers in addition to the Euro–Mediterranean agreement with Morocco signed in December 2006.

By way of conclusion, a number of preliminary positive consequences are mentioned, while reference is made to three challenges: provisional application, technical assistance and the eventual integration of the various (future) common aviation area agreements.
The Montreal Convention 1999 and Nigerian Law: Uncertainty, Uninterrupted
Authors: Majiyagbe Folorunsho
Published: March 2022

International air carrier liability under Nigerian law has, for some time past, been shrouded in uncertainty because of the ambivalence with which Nigerian courts applied the Warsaw Convention 1929 as regards its exclusivity or otherwise, vis–à–vis actions and remedies. Consequently, it was hoped that the Montreal Convention 1999, which expressly forbids the application of national laws to international air carriage claims would ameliorate the situation. Unfortunately, the passage of the Civil Aviation Act 2006, which gives the Montreal Convention the force of law in Nigeria, also repealed the Warsaw Convention.

This article discusses the liability regime under Nigerian law as it stood prior to the Act and the vacuum which has now been created by the repeal of the Warsaw Convention, which means that where the departing or destination country is not a signatory to the Montreal Convention, Nigeria’s national laws must be applied. The article further analyzes pertinent parts of the language of the Montreal Convention and its travaux préparatoires and argues that the provision which robs the Warsaw Convention of the force of law ought to be repealed immediately.
Recent EU Legislative Action on Airports
Authors: Peeters Maarten
Published: March 2022

In 2007, the European Commission has issued an ‘Airport Package’ announcing a wide range of airport-related legislative initiatives. This article outlines recent legislative and regulatory activity based on the Airport Package. The first part of the article focuses on initiatives related to airport capacity problems. It offers an overview of recent efforts to improve the use of existing capacity and discusses the issue of new airport infrastructure as well. In a second part, the recently approved Directive on Airport Charges (ACD) is critically discussed. By way of conclusion, the author points to some of the important challenges awaiting the European legislator.
Airline and Aviation Industry Information Retention: Problems for Privacy Law Proposals on Data Breach Notification in Australia?
Authors: von Nessen Paul , Heilbronn Gary
Published: March 2022

A considerable amount of commercial, security, and safety-related data is collected and used in various ways by airlines and other aviation industry participants. Much of this data collection, retention, and disclosure is authorized by a complex array of international and municipal regulation, which also requires that some of the data be reported to agencies and other persons authorized to access it. However, it is already difficult to identify what data collection, retention, and disclosure is authorized and what is not. Even the use of purely commercial information by airlines purports to be authorized by private contractual arrangements with customers. Privacy and data protection laws in Australia and elsewhere are designed to protect individuals’ personal information from misuse and exploitation but it is difficult to reconcile the conflicting imperatives of privacy and aviation safety and security. New privacy law proposals in Australia require the notification of individuals whose data has been disclosed or accessed without authorization and seem to be a desirable element in the armoury of data protection defences against personal data abuses. However, their effectiveness is questionable in the aviation context, as the implementation of the proposed obligations will not only lead to considerable complexity and uncertainty for airlines but also be difficult to carry out and to monitor in practice.
The Ryanair/Charleroi Case Before the European Court
Authors: Rumersdorfer Birgit
Published: March 2022

The decision of the EU Commission concerning alleged subsidies granted to Ryanair Ltd. at the Brussels South Charleroi Airport was revoked by the Court of First Instance. The case must be regarded a landmark case since Ryanair has been known as one of the pioneer low-cost carriers in Europe. The EU Commission had used the case to consider in principle and in general terms the legal issues of aid granted to low-cost carriers with a focus on the issue of correct application of the private investor principle in a case of State aid granted directly and indirectly by a public body. While the EU Commission was – although confronted with difficulties – trying to find a clear distinction, the Court took a different approach and concentrated its judicial review on the approach to the test rather than on its substantive outcome.
Legal Aspects of Cross-Border Service Provision in the Single European Sky
Authors: Schubert Francis
Published: March 2022

An airspace structure independent from political boundaries and based on operational performance is a fundamental requirement for the success of the Single European Sky (SES). Achieving such a goal necessarily requires a more extensive use of arrangements for the cross-border provision of Air Traffic Services (ATS). Such practices raise a number of sensitive legal issues related to the nature, scope and effect of the designation, by States, of ATS providers (ATSP). The liability, regulatory and supervisory aspects of cross-border service provision are also the subject of unresolved legal questions.

This article investigates the legal aspects of cross-border service provision and the institutional models available to formalize such practices. Under the SES Regulations, the classical ATS delegation model, which establishes a state-to-state relationship, is slowly acquiring historical interest and new kinds of institutional arrangements are proposed. These arrangements are primarily based on a State-to-service provider relationship or even on a relationship between service providers themselves. Within the context of Functional Airspace Blocks (FABs) promoted by the European Commission, they may result in a departure from the model based on legacy national service providers and rely on the emergence of common multinational ATSP. Such innovative constructions will also raise a number of legal challenges.
Montreal v. Brussels: The Conflict of Laws on the Issue of Delay in International Air Carriage
Authors: Dempsey Paul Stephen , Johansson Svante O.
Published: March 2022

In recent years, the European Union (EU) has promulgated several ‘consumer protection’ regulations that address a variety of airline passenger issues, including flight delay, cancellation, and denied boarding. The new rules require airlines to grant financial compensation to passengers in the event of denied boarding or flight delay or cancellation, assist them in revising their travel plans by giving them the choice between a rescheduling of the ticket or a refund, and pay for their board and lodging. However, both the Warsaw and the Montreal Conventions for the Unification of Certain Rules for International Carriage by Air directly address the issue of air carrier compensation to passengers for damages suffered as a consequence of ‘delay’, and explicitly provide that the remedies specified therein are exclusive. As all Member States of the EU have ratified those Conventions, it would seem that the promulgation of conflicting EU Regulations raises serious legal questions regarding the relation with the international conventions.

The overall conclusion the authors draw from the examination of the EU Regulations and the case law they produced is that EU law conflicts with the international conventions and the exclusivity of their application.

The position of the European Court of Justice (ECJ) in interpreting the EU Regulations does not facilitate a uniform application of different rules. In case after case, the Court has stated that the jurisprudence surrounding the Warsaw and the Montreal Conventions, broadly speaking, is irrelevant when interpreting the Regulations. It is incomprehensible that these Regulations, and their interpretation by the ECJ, would be so fundamentally inconsistent with the explicit provisions of the Conventions. If the Court had taken a more consensual approach, the EU rules might have complemented, rather than conflicted with, the Conventions.
The Concorde Accident Criminal Trial in France
Authors: Marian Maud
Published: March 2022

On 6 December 2010, the Criminal Court of Pontoise (France) issued a guilty verdict against Continental Airlines and its employee, John Taylor and exonerated all of the French defendants, signaling the epilogue of the Concorde long running criminal proceedings arising out of the Concorde accident in Paris on 25 July 2000. On the basis of the expert reports issued by a pilot expert who had been working as a pilot of Air France for forty years at the time he was appointed by the Investigating Magistrate, the Court has rejected the principal argument for the defence of Continental Airlines and has determined the taxiing of the Concorde over the wear strip from the Continental Airlines DC 10 to be the sole cause of the accident. Continental's mechanic, John Taylor, was found guilty and sentenced for involuntary homicide and manslaughter because he had violated the rules of manufacture and attachment of the wear strip on the Continental DC10 and the simple negligence of Taylor's supervisor Mr Ford lead to the finding of criminal responsibility of Continental Airlines. By declaring Continental's submission as to the lack of objective impartiality of the pilot expert non admissible and time-barred the French Criminal Court has raised questions as to the role of equity and fairness in the French criminal system. The Court of Appeal of Versailles will review the first instance decision since all of the parties have appealed.
EU Competition Law Developments in the Aviation Sector from July 201015 April 2011
Authors: Corcut Helen
Published: March 2022

Since July 2010, there have been a number of important decisions in the aviation sector. In particular, the judgment of the General Court of the European Union (hereinafter 'General Court') in relation to the Ryanair/Aer Lingus prohibition decision affirmed the practices of the European Commission (hereinafter 'Commission') with regard to market definition, competition assessment, the assessment of efficiencies, and remedies and is instructive as to the approach that will be taken by the Commission in future airline merger cases. Since that judgment was handed down, the Commission has also issued its second prohibition decision in an airline merger case under the Merger Regulation in the Olympic Air/Aegean Airlines case. The Commission investigation into price-fixing in Airfreight services has also finally been concluded and the industry has been shocked by the level of fines imposed.

This article, first summarizes the judgments of the European Courts and the decisions and ongoing investigations of the Commission in the period under review. It then considers some of the significant themes arising from the cases as well as the guidance provided by the Commission and US Department of Transportation (hereinafter 'DOT') joint report on competitive issues and regulatory approaches to transatlantic airline alliances.
Legal Problems Arising from the Installation of the Galileo and EGNOS Ground Stations in NonEU Countries
Authors: Masutti Anna
Published: March 2022

For their full operational capability, the European Union (EU) Global Navigation Satellite Systems, Galileo and EGNOS, have to rely upon Ground Sensor Stations (GSS) for the monitoring of navigation signals received from satellites and for the transmission of data to Galileo Control Centres through public networks. Some of the GSS will be installed in non-EU countries. Naturally, for these stations, the EU would like to maintain, inter alia, the inviolability of the premises: facilities free from all types of radio interference, hacking and eavesdropping attempts; the right to use codes; the privileges accorded to diplomatic personnel, communications and documents. The legal analysis of this problem has been based on the applicability of the 1945 United Nations (UN) General Convention on the Privileges and Immunities, the 2004 UN Convention on Jurisdictional Immunities of States and the 1961 Vienna Convention on Diplomatic Relations, as well as on international customary law. Consideration has been given to the legal personality of the EU, to the nature of the activities performed by GSS in order to assess EU immunity from jurisdiction or immunity from execution.
Mutually Assured Destruction: Space Weapons, Orbital Debris, and the Deterrence Theory for Environmental Sustainability
Authors: Gunasekara Surya Gablin
Published: March 2022

In recent years, both the United States and China have demonstrated their respective space weapon capabilities through two highly publicized anti-satellite missile strikes. Many commentators feared that these actions might cascade into a full-blown space weapon race. The outer space environment is a fragile place, and the proliferation of long-lived space weapon debris could threaten access to this global commons. Eventually, space warfare could one day have the effect of entombing the Earth in orbital debris and risking the space assets of every spacefaring nation.

During the summer of 2010, President Obama unveiled a space policy that called for international cooperation rejecting the unilateral approach adopted by the previous administration. This policy opens the door for a potential arms control treaty that would limit the development of space weapons. Yet, any potential agreement is still years from development. This article first examines space weapons and the international legal framework that currently governs their use. Then, the article discusses the orbital debris caused by space weapons and the environmental protections within the existing law. Finally, this article argues that the theory of Mutually Assured Destruction (MAD) as applied to the space environment and the international space legal framework supply enough deterrence to prevent the widespread use of space weapons without the need for additional international agreements.
ICAOs Latest Efforts to Tackle Legal Issues Arising from Unruly/Disruptive Passengers: The Modernization of the Tokyo Convention 1963
Authors: Piera Alejandro
Published: March 2022

Air traffic demand has grown without parallel. Since each day, more and more people travel by air, it may well be expected that more and more incidents involving unruly/disruptive passengers will occur. The international aviation community is experiencing a steady increase in unruly/disruptive passenger incidents. Although these may be attributed to a variety of factors, lack of prosecution and enforcement may also help to explain this emerging phenomenon. Although, the Tokyo Convention is one of the most widely-ratified instruments ever developed under the auspices of ICAO, it presents a number of shortcomings. In order to address this issue, ICAO developed Circular 288, 'Guidance Material on Legal Aspects of Unruly/Disruptive Passengers'. The Circular sets out a model law on certain offences committed on board civil aircraft to be transposed into national legislation by ICAO member States. Unfortunately, the majority of ICAO member States have not implemented the Circular. In 2009, the ICAO Council decided to establish a Secretariat Study Group (STG). Meeting twice in 2011, STG discussed issues involving unruly behavior on board aircraft, the lack of harmonized enforcement procedures, the power of the aircraft commander and the related safeguards, jurisdiction, and the lack of clear definitions or common standards. STG recommended a holistic revision of the Tokyo Convention. On 15 November 2011, the ICAO Council agreed to convene a meeting of the Legal Sub-Committee (22-25 May 2012) to examine a possible modernization of the Tokyo Convention.
Reforming Air Passenger Rights in the European Union
Authors: Prassl Jeremias
Published: March 2022

The EU's Passenger Rights Regulation 261/2004 has been a source of ongoing controversy, from air operators repeatedly challenging the measure's very validity to Member State courts refusing to apply its provisions. This article explores the Commission's recent reform proposals in the light of the case law of the CJEU and national courts, suggesting that while some issues (notably the impact of the much-criticized Sturgeon decision) might easily be resolved, other difficulties (such as the relationship between EU law and the exclusivity provisions of the Montreal Convention of 1999 and the industry's compliance record) remain. A concluding part places the measures in the broader context of EU law and its relationship with other legal systems, and finds that they represent a more subtle compromise than is generally assumed.
Legal Considerations about the Loss of Malaysia Airlines Flight MH 17 in Eastern Ukraine
Authors: Kaiser Stefan A.
Published: March 2022

On 17 July 2014, Malaysia Airlines flight MH 17 from Amsterdam to Kuala Lumpur was lost in the Donetsk Oblast, Ukraine, while cruising at an altitude of 33,000 feet. All 298 persons on board were killed. Although the investigation is still ongoing, it can be deemed certain that the aircraft was downed as the result of the current armed conflict in Eastern Ukraine. The case of MH 17 shows how the established international order for the safe, regular and efficient navigation of international civil aviation can crumble, if a State cannot warrant its international obligations. The Chicago Convention1 is built upon the monolithic principle of State sovereignty. However, when a State cannot fully exercise its executive control over its entire territory, there are serious effects on the protection of civil aviation, aircraft accident investigation and the closing of airspace for security purposes.
Flying into the Unknown: The UKs Air Transport Relations with the European Union and Third Countries Following Brexit
Authors: Vrbaski Lazar
Published: March 2022

The UK’s withdrawal from the European Union following the results of the referendum held on 23 June 2016 leaves a lot of uncertainty for the future in many areas and particularly air transport due to its high degree of regulation and international nature. Almost every area of air transport is affected – from access to the internal aviation market and external aviation policy to air traffic management within the Single European Sky. Solutions to the UK’s air transport relations with its strategic partners are likely to depend on the form of its partnership with the European Union. The focus of negotiations is therefore likely to be on modelling a relationship with the European Union that would take into account both the desires to retain access to the liberalized air services market and maintain close cooperation between strategic partners, and an appreciation of the UK’s new geopolitical self-determination. The European Common Aviation Area, Euro-Mediterranean Aviation Agreement, European Economic Area and the European Union-Switzerland agreements are all useful models, but come with advantages and disadvantages, and it would appear that the unique position of the UK requires a tailored solution. This article analyses some of the key issues of concern to the UK aviation industry and ways in which these could be addressed so as to provide some ‘food for thought’ in the pursuit of the best model for cooperation.
Noise Restriction Measures and the Balanced Approach: The Situation at Brussels-National Airport
Authors: Langlade Joanna
Published: March 2022

This article provides an overview of the rules for adopting noise restriction measures at a specific airport. In the first part, after having emphasized the importance of regulating aircraft noise emissions, this article examines the relevant international and European legal framework. In the second part, it focuses on a decision of the Brussels-Capital region concerning noise at Brussels-National airport. It will be suggested that this decision does not respect the legal framework dealt with in the first part. Finally, and in conclusion, it transpires that the solution is to be found on a political level The content of this article has been based on information correct at the date of 9 May 2017.
Reciprocal Limits to the Freedom to Use Outer Space by All States: Common but Differentiated Responsibilities?
Authors: Munters Ward , De Man Philip
Published: March 2022

The principle of common but differentiated responsibilities (CBDRs) imputes common responsibility for global problems to all States, while recognizing that variegated levels of responsibility exist for different groups of countries. While the principle of CBDRs is explicitly recognized in international environmental law, it is a staple of sustainable development law that may also be implicitly contained in treaties that establish identical treatment for all parties, while allowing for divergences in the application of their key principles for different States.

 The present article wishes to initiate a discussion on the question of whether the fundamental principles of international space law may be interpreted as an implicit codification of the principle of CBDRs. In particular, it aims to determine the relation between the concept of variegated levels of responsibility as a core component of CBDRs and the reciprocally phrased limits to the freedom to use outer space ‘on a basis of equality’ for the benefit of all countries, ‘irrespective of their economic and scientific development’, all the while avoiding potentially harmful interference in their activities.

Further, the article aims to assess the basis on which different levels of responsibility may be attributed to different groups of States in space law. In so doing, it will identify a number of indicators in the relevant UN and International Telecommunication Union (ITU) conventions that appear to support a flexible system of variegated responsibilities, in line with the pragmatic approach to CBDRs in the 2015 Paris Agreement. These indicators will focus on possible applications of the CBDRs principle in the areas of resource exploitation and space debris, specifically.
Legality of the Gulf Ban on Qatari Flights: State Sovereignty at Crossroads
Authors: Sreejith S. G.
Published: March 2022

This Note explores, within an analytical framework, the ban on Qatari flights (as part of the 2017 Qatar Diplomatic Crisis) by Saudi Arabia and a few other Middle Eastern States. Grappling with the ban, which is based on the sovereignty of States in their airspace and columns above it, informs that international air law has a fixation for a certain classicism that makes resolution of legal issues difficult in the face of contemporary realities. This Note problematizes that difficulty, revealing that the ban is motivated by classicism; which is then juxtaposed with the resistance of Qatar to the ban as a modernist resistance. In the binary of classicism and modernism, claims of Saudi Arabia and Qatar simply vacillate, leaving the issues unresolved. The Note ends with the observation that so long as claims vacillate, formal means of dispute resolution, particularly the one under the International Civil Aviation Organization (ICAO), are less likely to succeed, for ICAO has the classicism approach structurally inbuilt in that renders ICAO less receptive to Qatar’s modernist claims. However, alternative means of dispute settlements under the aegis of ICAO have the scope to deal with the problem of binaries without falling prey to the determinism of classicism and modernism.
How to Reconcile the European Union Emissions Trading System (EU ETS) for Aviation with the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)?
Authors: Erling Uwe M.
Published: March 2022

This article examines the relationship between the Carbon Offsetting and Reduction Scheme for International Aviation Emissions (CORSIA), agreed in October 2016 by the International Civil Aviation Organization (ICAO), and the European Union Emissions Trading System (EU ETS) established by the EU-ETS Directive.
To Fight to Savein Space: A Legal Argument that a Space Coast Guard Is Increasingly Necessary for Effective Twenty-First Century Space Governance
Authors: Sinclair Michael R.
Published: March 2022

Recently, U.S. President Donald Trump directed the Department Defense to create a new Space Force. Congress has pursued similar ideas in the recent past. If the United States is going to create a new space agency it may, however, be better served by establishing a ‘Space Guard’ modelled after and organized similarly to the existing U.S. Coast Guard. Indeed, it has become increasingly apparent the United States may need to establish such an agency sooner, rather than later to ensure that it meets its international legal obligations and to address widening authorities and capabilities gaps in existing U.S. space ‘governance’ programs.

A pending ‘space boom’ led by private actors and businesses, and indeed encouraged by the United States government, makes it more and more likely that existing international legal regimes will prove inadequate governance structures as increasing numbers of state and private actors take to the stars. Further, the United States government currently divides responsibility and authorities for space operations amongst several departments and agencies, which is burdensome, inefficient, and unlikely to be agile enough to keep pace with, let alone effectively regulate and manage private space ventures.

This article argues that establishing a Space Guard is a critical first step in how the United States can contribute to twenty-first century space governance, while at the same time also protecting important U.S. interests, because only an agency modelled on the Coast Guard’s ability to exercise broad, interdependent authorities across every aspect within an entire domain, and with the organizational culture to responsibly wield those authorities, will be able to effectively and efficiently manage future U.S. space activities.
Research on Aircraft Finance Leases in China
Authors: Dapeng Li
Published: March 2022

The aircraft finance lease industry (‘the industry’) in China is emerging and promising, and it is expected to continue to expand over the next decade. This article firstly presents the history, background, and development of the industry in China, and pays special attention to the newly emerging impetuses that will boost further development of the industry. The second part provides an overview of the structure of aircraft finance leases in China and particularly focuses on free trade zone leases. Lastly, this article concludes with an inside look at these types of transactions, including aircraft ownership, mortgages, rights of possession and use, liens and the special problems associated with the application of the Cape Town Convention.
Up, up and Away: An Update on the UKs Latest Plans for Space Activities*
Authors: Leishman Ruairidh J.M. , Smith Lesley Jane
Published: March 2022

The ever-increasing number of private actors operating in the space industry is giving rise to the concern for adequate domestic legal frameworks to regulate commercial space activities, and the UK is no exception. This article provides a comprehensive review and outline of the UK’s most recently enacted national space law, namely the Space Industry Act 2018. The article identifies and discusses the component elements of the 2018 Act, such as licensing, regulatory requirements, and liability and indemnity implications. Many of these are common to other national space legislation and other national space legislation is therefore considered briefly for comparative purposes. The article critically analyses the 2018 Act from the perspective of whether it aligns with the UK government’s stated aim to foster the development of private space activities from the UK, and whether the correct balance has been struck between ensuring regulatory requirements yet encouraging commercial ventures. The article also seeks to address, as far as possible – given the absence of formal arrangements at the time of writing – some of the issues posed by Brexit in this sector and how the UK is attempting to ‘future proof’ against these.
Attacks Against Aviation: Beijing Convention and Protocol Now in Force
Authors: Sleeckx Annick , Thijssen Charlotte , Grigorieff Cyril-Igor
Published: March 2022

The fight back against modern threats to civil aviation has now materialized since the entry into force in 2018 of both the 2010 Beijing Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the 2010 Beijing Protocol Supplementary to the Convention on Unlawful Seizure of Aircraft. These two instruments share the same goal but must be distinguished clearly. The 2010 Protocol supplements the 1970 Hague Convention and was drafted mostly to address hijacking scenarios; whereas the 2010 Convention is a recast of the 1971 Montreal Convention and its 1988 Protocol regarding other forms of violence against aircraft and airport facilities. This article will aim to shed some light on selected key improvements made by these recent instruments.

 

Nullum crimen, nulla poena sine lege
Bankrupt in Europe: A Case Study of Three Recent Airline Insolvencies
Authors: Benintendi Pietro
Published: March 2022

This article addresses the insolvencies of Alitalia, Air Berlin and Monarch against the backdrop of their respective national legal regimes. After a brief reconstruction of the main relevant facts leading to the procedures, the normative backgrounds are analysed. In the three cases, the interplay between the distinctive features of each airline insolvency and the applicable bankruptcy laws displays some characteristics that are unique to the national legal system. It follows that differences in laws, procedures and outcomes ultimately highlight the absence of a much needed EU-wide coordination in dealing with airline insolvencies.
Wet Lease Agreements and Competition Law
Authors: De Backer Marjolein , Burnside Alec
Published: March 2022

Wet leasing is widely used in the airline industry, particularly in Europe. For many years the only approvals required for such an arrangement were in relation to safety compliance. The authors highlight an important new development by which merger control has been applied to certain wet leasing arrangements. There have been two instances where competition authorities have investigated wet lease agreements under merger control rules. The first was the European Commission and the German Federal Cartel Office in relation to Lufthansa/Air Berlin, and more recently the UK Competition and Markets Authority in relation to Aer Lingus/CityJet. In each case the question arose whether the broad commercial context of the wet lease meant that the lessee was somehow taking over the market position of the lessor. The authors outline the reasoning of the authorities and explore the implications for wet leasing and competition law compliance moving forward.
Benefit in Space Law: Principle and Pathway
Authors: Simpson Michael K.
Published: March 2022

Although seeking broad-based benefit from space activity has been an objective of international space policy and a principle of international space law since the first decade of the space age, the concept of benefit irrespective of the beneficiary’s degree of economic or scientific development may be emerging as a pathway to political support for the growing entrepreneurial interest in pursuing commercial activities beyond Earth’s atmosphere. After a brief review of the concept’s history in policy and law, this article will explore the role it might play in building broad political support for off-Earth commerce.
State Aid and Air Transport in the Shadow of COVID-19
Authors: Truxal Steven
Published: March 2022

As demand for air travel has fallen in response to the Coronavirus Disease-2019 (COVID-19) crisis, the global air transport sector has been severely impacted. This article investigates the extent to which and on what conditions state aid measures are applied to airlines, airports, air navigation service providers and aircraft manufacturers in response to the crisis. In that connection, reflections are offered in this article on the role of the State and the flexibility of EU state aid law in these unprecedented times.

State aid, COVID-19, air transport, climate, competition
Collective Redress for Aviation Through Online Platforms
Authors: Defossez Delphine
Published: March 2022

According to the European Court of Auditors Special Report on passenger rights, passengers suffering the same flight disruption can be treated very differently. Collective redress through online platforms could, hence, provide a great solution to both passengers and airlines, by reducing the amount of claims and ensuring a better protection of the passengers. The European Commission has announced that it will publish a proposal to revise the Directive 2009/22/EC (henceforth referred to as the Directive),1with the introduction of measures of collective redress which may include air transport.2 Not surprisingly, the aviation industry is against such inclusion, arguing that it will considerably increase the regulatory costs, which are already among the most expensive worldwide. At the same time, not having collective redress for aviation cases seems awkward, especially with the Regulation 261/ 2004 framework.

Collective redress, ODR, Passenger rights, Proposal Directive, Test-Achats
Non-Compliance Procedures: A Proactive Approach to Dispute Avoidance in International Space Law
Authors: Selman Ayetey Julia
Published: March 2022

Conflicting interests of state and non-state space actors will likely lead to a myriad of legal disputes. In turn this could intensify the militarization of space and have a destabilizing effect on international security, the New Space industry and the environmental protection of Earth and outer space. It is therefore vital that boundaries set by the UN Space Treaties are respected. Unfortunately, international space law makes no provision for non-compliance procedures (NCPs).

The purpose of this article is to advocate for the integration of non-compliance procedures within international space law. Following the introduction, this article provides a brief background on the concepts of compliance and non-compliance and using examples from international environmental law, NCPs are explained. It then examines several dynamics of the New Space industry which call for the implementation of NCPs. The subsequent section critically analyses benefits and challenges likely to arise from the use of NCPs in international space law. The article concludes by suggesting that the implementation of NCPs would contribute to a proactive, holistic and effective mechanism to better protect the legal boundaries likely to be challenged by modern uses of outer space.

international law, outer space, international space law, compliance, dispute avoidance, non-compliance procedures, non-state actors, proactive approach
Collective Space Object as a New concept of International Space Law
Authors: Salmeri Antonino
Published: March 2022

This article builds on the premise that international space law should be an enabler, not an inhibitor, of technological advancements in the use of outer space. Examining the features of space stations, space-made products, satellite constellations and satellite swarms, it argues that the time may be mature for a revision of the traditional understanding of the term ‘space object’. Through the evolutionary interpretation of the term ‘component parts’ within Article I of the Liability Convention and Article I of the Registration Convention the article proposes a new concept called ‘collective space object’ and illustrates its practical benefits for the regulation of these innovative technologies.

space object, space law, space stations, space-made products, satellite constellations, swarm satellites
The Air Transport Agreement Between the EU and the UK: A New Approach
Authors: Dettling-Ott Regula
Published: March 2022

The Trade and Cooperation Agreement (TCA) is the first agreement incorporating air transport and aviation safety in a comprehensive agreement for trade in goods and services. Its sections on air transport and aviation safety reflect a traditional sectoral approach regulating traffic rights and aviation safety. Provisions which apply to various sectors including aviation such a competition law, environmental protection and reduction of CO2, social rights as well as institutional provisions are commonly defined for all sectors. This novel approach is a welcome step forward of dealing with aviation as a service industry similar to others. At the same time, the TCA – at least with respect to aviation – is a divorce agreement reducing a once comprehensive integration of the UK into the EU air transport market to a relationship ensuring bilateral connectivity.
Active Noise Cancellation a New Horizon for Better Life
Authors: R. Hamza Aven , Abdullah Hussein Shiekh Mohammed
Published: March 2022

Modern life is accompanied by many kinds of noise signals. Equipment, devices, and tools are cheaper in price and more affordable today, but in many cases, they generate more noise. Competition between companies made them use cheaper materials and concentrate on electronics to make their products cheaper. In the end, the customer is the victim. For example, electric fans manufactured in the fifties and sixties of the previous century was much quieter than the ones manufactured after that. Also (in general), cars manufactured at that period were much quieter, especially for the inside cabin noise. Why is that? All due to competition and the run for using low-cost plastic materials to have a better end product price. Here we are trying to emphasize this issue and show how we can use electronic means to reduce environmental noise to have a better life. Using this approach is a key to solving this issue for budget limited people. Wealthier people usually have the option of using expensive products that are usually equipped with better sound insulation. Hence, this work is the cost-effective approach for reducing noise around us, and for sure this approach is the electronic one.