Legal Spaces

Legal Spaces PDF Author: Sabine Müller-Mall
Publisher: Springer Science & Business Media
ISBN: 3642367305
Category : Law
Languages : en
Pages : 144

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Book Description
This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.

Legal Spaces

Legal Spaces PDF Author: Sabine Müller-Mall
Publisher: Springer Science & Business Media
ISBN: 3642367305
Category : Law
Languages : en
Pages : 144

Get Book Here

Book Description
This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.

Borders, Legal Spaces and Territories in Contemporary International Law

Borders, Legal Spaces and Territories in Contemporary International Law PDF Author: Tommaso Natoli
Publisher: Springer Nature
ISBN: 3030209296
Category : Law
Languages : en
Pages : 270

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Book Description
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Normative Spaces and Legal Dynamics in Africa

Normative Spaces and Legal Dynamics in Africa PDF Author: Katrin Seidel
Publisher: Routledge
ISBN: 1000060969
Category : Law
Languages : en
Pages : 288

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Book Description
African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.

Constitutional Space: Doctrine, Legal Reality and 3D Illusion

Constitutional Space: Doctrine, Legal Reality and 3D Illusion PDF Author: Игорь Барциц
Publisher: Litres
ISBN: 5042337091
Category : Law
Languages : en
Pages : 103

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Book Description
This paper studies the notion and content of constitutional space, its integral parts and components, key features and principles in order to help identify the spatial limits of state power and provide efficient legal support to integration processes. To articulate the multifaceted concept of constitutional space, the author has analyzed the approaches of a number of Russian and international researchers which allowed him to trace how this concept developed from the fl at territory-bound format to a valuecentric three-dimensional presentation or so-called 3D format.The purpose of this paper is to define the concept of constitutional space, its content and role in the context of state building aimed at ensuring territorial integrity, unity of the Russian system of law and more efficient use of the mechanisms provided by federal agreements based on the analysis of scientific information sources and constitutional norms.

Legal Basis for a National Space Legislation

Legal Basis for a National Space Legislation PDF Author: Julian Hermida
Publisher: Springer Science & Business Media
ISBN: 1402025327
Category : Science
Languages : en
Pages : 302

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Book Description
A. GENERAL BACKGROUND “The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. ” 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990’s the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, “Legal Considerations Affecting Commercial Space Launches From International Territory”, (1999) 50 IISL at 10. Emphasis added. 2 H. L.

Cybersecurity

Cybersecurity PDF Author: Federico Bergamasco
Publisher: Kluwer Law International B.V.
ISBN: 9403501111
Category : Law
Languages : en
Pages : 253

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Book Description
Cybersecurity Key Legal Considerations for the Aviation and Space Sectors Federico Bergamasco, Roberto Cassar, Rada Popova & Benjamyn I. Scott As the aviation and space sectors become ever more connected to cyberspace and reliant on related technology, they become more vulnerable to potential cyberattacks. As a result, cybersecurity is a growing concern that all stakeholders in both sectors must consider. In this forward-looking book, which is the first comprehensive analysis of the relevant facets of cybersecurity in the aviation and space sectors, the authors explore the vast spectrum of relevant international and European Union (EU) law, with specific attention to associated risks, existing legal provisions and the potential development of new rules. Beginning with an overview of the different types of malicious cyber operations, the book proceeds to set the terminological landscape relevant to its core theme. It takes a top-down approach by first analysing general international and EU law related to cybersecurity, then moving to the more specific aspects of the aviation and space sectors, including telecommunications. Finally, the salient features of these analyses are combined with the practical realities in the relevant industries, giving due regard to legal and regulatory initiatives, industry standards and best practices. The broad range of issues and topics covered includes the following and more: whether the various facets of the international law on conflict apply in cyberspace and to cyberattacks; substantial policy and regulatory developments taking place at the EU level, including the activities of its relevant institutions, bodies and entities; jurisdiction and attributability issues relevant to cybersecurity in the aviation and space sectors; vulnerability of space systems, including large constellations, to malicious cyber activities and electromagnetic interference; various challenges for critical infrastructure resulting from, e.g., its interdependency, cross-border nature, public-private ownership and dual civil-military uses; safety and security in international air transportation, with special attention to the Chicago Convention and its Annexes; aviation liability and compensation in cases of cyberattacks, and insurance coverage against cyber risks; review of malicious relevant actors, malicious cyber operations, the typical life cycle of a cyberattack and industry responses. This book clearly responds to the need to elaborate adequate legal rules for ensuring that the multiple inlets for malicious cyber operations and the management of cybersecurity risks are addressed appropriately. It will be welcomed by all parties involved with aviation and space law and policy, including lawyers, governments, regulators, academics, manufacturers, operators, airports, and international governmental and non-governmental organisations. Review / Testimonial: ”In conclusion, I highly recommend this book for all scholars and practitioners of space and aviation law who need (and we all do!) a highly accurate and comprehensive background to these issues of cybersecurity.” Larry Martinez / German Journal of Air and Space Law (Zeitschrift für Luft- und Weltraumrecht) issue 2, 2021

Space Security and Legal Aspects of Active Debris Removal

Space Security and Legal Aspects of Active Debris Removal PDF Author: Annette Froehlich
Publisher: Springer
ISBN: 3319903381
Category : Law
Languages : en
Pages : 188

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Book Description
The book analyzes the various legal and political concepts to resolve the problem of the existing space debris in outer space and which measures have been taken to avoid space debris or to reduce potential space debris in the course of future space missions. From a scientific and technical point of view various studies are ongoing to analyze the feasibility of active debris removal. Nevertheless it has to be highlighted that outer space is an international area where various actors with different legal and political concepts are operating, a situation that leads to different approaches concerning such activities.

Space Insurance: International Legal Aspects

Space Insurance: International Legal Aspects PDF Author: Katarzyna Malinowska
Publisher: Kluwer Law International B.V.
ISBN: 9041167862
Category : Law
Languages : en
Pages : 342

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Book Description
Insurance related to outer space activities has been around since the 1960s, but has become vastly more significant with the increased commercial use of satellites. This book focuses on the legal aspects of space insurance in the contractual context, analysing space risk as well as the insurance terms used on the market. It offers the first in-depth coverage, both practical and theoretical, of space insurance from an international law perspective. Attending throughout to the important and problematic distinction between the space segment (upstream) and ground segment (downstream) in space law, this book deals comprehensively with such issues and topics as the following: - the main hazards relating to space activities; - the impact of new space technologies on the level of risk and insurance; - the differing types of risks attributable to various entities in the context of insurable interest; - aspects of the space risk allocation regimes and risk assessment; - the impact of the five ‘space treaties’ – the Outer Space Treaty, the Liability Convention, the Rescue Agreement, the Registration Convention and the Moon Agreement – on the subject and scope of insurance coverage; - the advent of suborbital flight, commercial human space flight and space tourism in the context of emerging insurance risks; - the problem of space debris; - contractual aspects of space activities affecting the space insurance risks; - basic notions such as ‘outer space’, ‘space object’ in the context of space activities and related insurance coverage; - basic insurance principles and their operation in the space insurance; and - the adjustment of losses and the settlement of disputes in space insurance. The author emphasises the need to understand the various insurance risks facing particular types of commercial space activities, including pre-launch, launch, transportation, spaceflight, satellite communications, satellite navigation, satellite remote sensing and space station operation. Satellites are increasingly a vital part of many daily activities of contemporary society and the Earth’s orbit is becoming ever more crowded, heightening the risks of collision, damage and claims. This thoroughly researched book will therefore be extremely useful to lawyers, policymakers and academics tasked with defining the scope of insurance coverage that accurately mirrors technological, contractual and legal reality. Its practical aspect will be of extraordinary value to insurance lawyers, underwriters and brokers.

The Modern Legal Philosophy Series...

The Modern Legal Philosophy Series... PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 424

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Book Description


Outer Space Law

Outer Space Law PDF Author: Yanal Abul Failat
Publisher:
ISBN: 9781911078197
Category : Space law
Languages : en
Pages : 390

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Book Description
The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.