Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Course Instructor:
Sreejith S.G.
Semester B 2018
Elective
This document is prepared by the course instructor and contains basic information relevant to the
execution of the course. It is the official record for all intends and purposes as far the elective
course, Air and Space Law, is concerned.
This course manual can be used as a general guide to the subject. However, the instructor can
modify, extend or supplement the course (without tampering its basic framework and objectives)
for the effective and efficient delivery of the course. Albeit, the instructor will provide the students
with reasons for such changes.
Part I
Part II
1. Course Description
After setting the epistemological connection between Air and Space Law, the Course focuses on
Air Law and Space Law separately. Such a separation is only for pedagogic convenience; it does
not necessarily mean that the disciplines are disparate islands.
Apropos of International Air Law, this part of the course spans over the Chicago Convention on
International Civil Aviation, 1944 that deals with all aspects of commercial civil aviation including
but not limited to flight operations, overflight, freedoms of air, cockpit management, air crash
investigation etc. Further, it deals with the Warsaw system that particularly grapples with questions
on the liability of airline carriers re passengers and goods.
What is unique about the international air law part is that the entire module will be taught through
air crash investigation reports. There will be no reading materials for this part but for the
Conventions, Rather, the course will make use of “watching materials” like the air crash
investigation series “Crashes of the Century”. Some of the cases include Tenerife Crash, Crash of
Air India 182, Crash of Air Florida 90, Lockerbie, Hudson River Landing, Hijacking of Indian
Airlines 814, Hijacking of Ethiopian Airlines Flight 961 etc.
Re International Law of Outer Space, although deemed as an esoteric branch of law—a unique
discursivity unique to an isolated discourse community—the law of outer space (informally,
“space law”), it is believed, has much more to offer conceptually to public international law than
any other special branches of the discipline. However, much of space law’s conceptual legalism
lies buried beneath the polemics of the Cold War, a politico-ideological conflict that shaped among
many intellectual projects the law of outer space. Whatever had escaped the weight of the Cold
War rhetoric on outer space became law—reified for its normative innovations, glorified for its
universal appeal, and hyped for its utilitarian tag. However, the end product—corpus juris
spatialis—despite the flamboyant labels attached to it and all the hype surrounding it, in a broader
lens, evinces a tinge of triviality about it.
A technological culture that prompts an intellectual posture in which law shall address
technological imbroglios adds on to the triviality that lawyers/scholars from frontier braches sense
in the law of outer space. Such scholars/lawyers accuse space law for its declining normativity and
diminishing legalism and for unreflectively yielding to technological determinism.
Does the law of outer space deserve such scathing criticism for what its followers may refer to as
the discipline’s receptivity to the demands of modernity? Taking cue from certain modernist
project they may argue that a renewalist sensibility that renders space law a project of modernist
utility has been mistaken as the fall of legalism. The seeming extra-legal character of space law
could be part of a larger renewalist program, pending alternative visions for the peaceful use and
exploration of outer space.
With these and other related concerns in mind, this course aims to recover space law to make it
salient under a disciplinary category international law of outer space.
2. Course Aims
Of the total score required to pass this course, a minimum of 50% shall be obtained by the student
in the course work (i.e., combined score of internal assessments and end semester examination).
Grade Sheet
Internal assessment of the participants will be based on the following criteria. In case any of the
participants miss the IA tests, alternative internal assessments will be conducted.
Assessment Weightage Remarks
Type of Marks 10 Class Participation
Assessment
Participants will be assessed on the basis of their “effective
participation” in class-discussions.
Or
Part IV
Course/Class Policies
Learning and knowledge production of any kind is a collaborative process. Collaboration demands
an ethical responsibility to acknowledge who we have learnt from, what we have learned, and how
reading and learning from others have helped us shape our own ideas. Even our own ideas demand
an acknowledgement of the sources and processes through which those ideas have emerged. Thus,
all ideas must be supported by citations. All ideas borrowed from articles, books, journals,
magazines, case laws, statutes, photographs, films, paintings, etc., in print or online, must be
credited with the original source. If the source or inspiration of your idea is a friend, a casual chat,
something that you overheard, or heard being discussed at a conference or in class, even they must
be duly credited. If you paraphrase or directly quote from a web source in the examination,
presentation or essays, the source must be acknowledged. The university has a framework to deal
with cases of plagiarism. All form of plagiarism will be taken seriously by the University and
prescribed sanctions will be imposed on those who commit plagiarism.
Plagiarism
Plagiarism, in any form, will be least tolerated. Participants of the course, if found guilty of
plagiarism, will be subject to disciplinary action as per the relevant university policy. To avoid
plagiarism, the instructor recommends the following:
However,
5. Copying lines (more than 12 words in a sequence) or passages from other sources, not
citing them, and writing the name of the source as reference in the end of the paper will be
deemed plagiarism
6. After copying lines in which there are more than 12 words in a sequence and providing a
citation at the end of a line or paragraph will also be deemed plagiarism
7. Copying others assignment, though they are original, will be considered plagiarism
Cell Phones
Use of cell phones is strictly prohibited during the class. In case participants happen to have them
at hand, they shall be kept switched off or in flight mode.
Participants can use laptops in the classroom for accessing the reading materials and other
learning-related purposes. However, such gadgets shall in no case be used for purposes other than
learning-related. In no case social networking sites, emails, etc. shall be access in the classroom.
Part V
Reading Materials
For the list of relevant reading/watching materials, see Relevant Readings/Videos provided in and
at the end of weekly course plan.
Keywords for the Syllabus
International Civil Aviation Law, Chicago Convention, Warsaw System, Montreal Convention,
ICAO, Outer Space, Common Heritage of Mankind, Space Applications, Moon, Space Treaties,
Satellites, Coordination Problem, Economic Analysis of Space Law, Dispute Settlement, Remote
Sensing
Barnet, Todd, United States National Space Policy 2006 & 2010, 23 FLA. J. INT’L L. 277 (2011).
Barton, Law’s Empire and the Final Frontier: Legalizing the Future in the Early Corpus Juris
Spatialis, 108 YALE L. J. 1737 (1999).
BENKO, MARIETTA et al, SPACE LAW IN THE UNITED NATIONS (1985).
Bhat, Sandeepa, Inventions in Outer Space: Need for Reconsideration of the Patent Regime, 36 J.
SPACE L. 1 (2010).
Bhatt S., UNISPACE III Conference for Space Benefits for Humanity in the Twenty First Century,
31 BANARAS L. J. 1(2002)
CHENG, BIN, STUDIES IN INTERNATIONAL SPACE LAW (1997).
Christol, Carl Q., International Liability for Damage Caused by Space Objects, 74 AM. J. INT’L
L. 346 (1980).
CHRISTOL, CARL Q., MODERN INTERNATIONAL LAW OF OUTER SPACE (1982).
Christol, Carl Q., Moon Treaty Enters into Force, 79 AM. J. INT’L L. 163 (1985).
Crane, Robert D., Soviet Attitude Toward International Space Law, 56 AM. J. INT’L L. 685
(1962).
DIEDERIKS-VERSCHOOR, I.H.PH., INTRODUCTION TO AIR LAW (2006).
GIBSON, DIRK, COMMERCIAL SPACE TOURISM (2012).
Gorove, Stephen, The Geostationary Orbit: Issues of Law and Policy, 73 AM. J. INT’L L. 444
(1979).
HALEY, ANDREW G., SPACE LAW AND GOVERNMENT (1963).
HUANG, JIEFANG, AVIATION SAFETY THROUGH THE RULE OF LAW: ICAO’S MECHANISMS AND
PRACTICES (2009).
Irimies, David, Promoting Space Ventures by Creating and International Space-IPR Framework,
33 EUR. INTELLECTUAL PROP. REV. 35 (2011).
ITO, ATSUYO, LEGAL ASPECTS OF SATELLITE REMOTE SENSING (2011).
Jakhu, Ram & Bhattacharya, Raja, Legal Aspects of Space Tourism in PROCEEDINGS OF THE
FORTY-FOURTH COLLOQUIUM ON THE LAW OF OUTER SPACE 112 (2002).
JASENTULIYANA N. & LEE, ROY S.K., MANUAL ON SPACE LAW VOLUME 1 (1979).
JASENTULIYANA, NANDASIRI, SPACE LAW: DEVELOPMENT AND SCOPE (1992).
Joyner, Christopher C., Legal Implications of the Concept of Common Heritage of Mankind, 35
INT’L & COMP. L. Q. 190 (1986).
Kane, Russel and Pyne, Tony, The Legal Status and Liability of the Copilot, Part I, 19 AIR &
SPACE L. 290 (1994).
Kane, Russel and Pyne, Tony, The Legal Status and Liability of the Copilot, Part II, 20 AIR &
SPACE L. 2 (1994).
Larsen, Irene, Regime of Liability in Private International Air Law, available at
http://law.au.dk/fileadmin/site_files/filer_jura/dokumenter/forskning/rettid/2002/speciale-
20020002.pdf
Lee, Ricky J., Legality of the Deployment of Conventional Weapons in Earth Orbit: balancing
space Law and the Law of Armed Conflict, 18 EUR. J. INT’L L. 873 (2007).
Malanczuk, Peter, Diversity in Secondary Rules and the Unity of International Law: Space Law
as a Branch of International Law, 25 NETHERLANDS Y.B. INT’L L. 143 (1994).
MCDOUGAL, MYERS & BURKE, WILLIAM T., LAW AND PUBLIC ORDER IN SPACE (1963).
McDougall, Walter A., Technocracy and Statecraft in the Space Age, 87 AM. HIST. REV. 1010
(1982).
MILDE, MICHAEL, INTERNATIONAL AIR LAW AND ICAO (2008).
Preliminary Results Criminal Investigation MH17, https://www.om.nl/onderwerpen/mh17-
vliegramp/presentaties/presentation-joint/
Nayebi, Nima, The Geosynchronous Orbit and the Outer Limits of Westphalian Sovereignty, 3
HASTINGS SCI.& TECH. L. J. 471 (2011).
PEPIN, EUGENE, HISTORY OF THE INTERNATIONAL INSTITUTE OF SPACE LAW OF THE
INTERNATIONAL ASTRONAUTICAL FEDERATION (1982).
Peter G. Jankowitsch, The Background and History of Space Law, in HANDBOOK OF SPACE LAW
(Franz von Der Dunk, ed., 2015).
PETERSON, M.J., INTERNATIONAL REGIMES FOR THE FINAL FRONTIER (2005).
Peterson, M.J., The Use of Analogies in Developing Space Law, 51 INT’L ORG. 245 (1997).
POP, VIRGILIU, WHO OWNS THE MOON? EXTRATERRESTRIAL ASPECTS OF LAND AND MINERAL
RESOURCES (2008).
QUEENEY, KATHRYN M., DIRECT BROADCASTING SATELLITES AND THE UNITED NATIONS (1978).
Questions of Interpretation and Application of 1971 Montreal Convention Arising from the Ariel
Incident at Lockerbie (Libya v. United Kingdom), 1992 ICJ REPORTS 3.
RECENT TRENDS IN INTERNATIONAL SPACE LAW AND POLICY (Mani, V.S. et al, eds., 1994)
Remuss, Nina-Louisa, Astronauts: From Envoys of Mankind to Combatants, HUMANS IN OUTER
SPACE: INTERDISCIPLINARY PERSPECTIVES 39 (2011).
Speciale, Raymond and Venhuizen Brett, The Pilot in Command and the Fars: The Buck Stop
Here (Almost Always), 83 N. DAKOTA L. REV. 817 (2007), available at
https://law.und.edu/_files/docs/ndlr/pdf/issues/83/3/83ndlr817.pdf
Sreejith S.G. State Sovereignty at Crossroads: The Legality of the Gulf Ban on Qatari Flights, 43
AIR & SPACE L. (2018).
Sreejith S.G., Unmaking a National Space Legislation for India: Indigenizing Space Law through
the Organic Science of Indian Space Program, 83 J. AIR L. & COMMERCE, (2018).
Sreejith, S.G. & Yugank Goel, A Philosophy of Space Law: Sketching a Rational-Choice Model
Alternative, 41 J. SPACE L. 57 (2017).
Sreejith, S.G., International Space Law: A Saga of Mankind’s Lost Aspirations, 2 AALCO Q. Bul.
1 (2006).
Sreejith, S.G., Outer Space Related Intellectual Property Issues: An Odyssey Into TRIPS, 45
INDIAN J. INT’L L. 180 (2005).
Sreejith, S.G., Whither International Law, Thither Space Law: A Discipline in Transition, 46
CAL.W. INT’L L. 427.
SWEET, KATHLEEN, AVIATION AND AIRPORT SECURITY: TERRORISM AND SAFETY CONCERNS
(2008).
Taylor, Michael W., Trashing the Solar System One Planet at a Time: Earth’s Orbital Debris
Problem, 20 GEO. INT’L ENVTL. L. REV. 1 (2007).
TRONCHETTI, FABIO, THE EXPLOITATION OF THE NATURAL RESOURCES OF THE MOON AND OTHER
CELESTIAL BODIES: A PROPOSAL FOR A LEGAL REGIME (2009).
VIIKARI, LOTTA, ENVIRONMENTAL ELEMENT IN SPACE LAW (2008).
Von Der Dunk, Franz G., The 1972 Liability Convention: Enhancing Adherence and Effective
Application, 1998 IISL/ECSL SYMPOSIUM THE REVIEW OF THE STATUS OF THE OUTER SPACE
TREATIES, 23 March 1998, Vienna, available at
http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1049&context=spacelaw
WALDEN, IAN, TELECOMMUNICATIONS LAW AND REGULATIONS (2012).
Widgerow, Davin, Boldly Going Where No Realtor has Gone Before: The Law of Outer space and
a Proposal for a New Interplanetary Property Law System, 28 WIS. INT’L L. J. 490 (2010).
Yun, Zhao, A Legal regime for Space Tourism: Creating Legal Certainty in Outer Space, 74 J.
AIR L. & COM. 959 (2009).
Legal Instruments
Draft Convention on the Legal Status of the Aircraft Commander, 1947, available at
https://link.springer.com/content/pdf/bbm%3A978-94-011-9467-9%2F1.pdf (Draft
Convention, 1947)
Convention on International Civil Aviation, 1944 (Chicago Convention, 1944)
Aircraft Security Rules, 2011, available at
http://dgca.nic.in/security/Aircraft(Security)%20Rules,%202011.pdf
Aircraft Investigation of Accidents and Incidents) Rules, 2017, available at
http://dgca.nic.in/accident2012/Aircraft%20_Investigation%20of%20Accident%20and%20
Incident_%20Rules_2017.pdf
Convention on Offences and Certain Other Acts Committed Onboard Aircraft, 1963 (Tokyo
Convention, 1963), available at http://dgca.nic.in/int_conv/Chap_XVI.pdf
Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 (Hague Hijacking
Convention, 1970), available at https://treaties.un.org/doc/db/Terrorism/Conv2-english.pdf
Convention for the Unification of Certain Rules for International Carriage by Air), 1999, available
at https://www.iata.org/policy/Documents/MC99_en.pdf
Videos
Miracle of Hudson River Crash, https://www.youtube.com/watch?v=5SL1A2d2e7M
Air Crash Investigation TWA 800, https://www.youtube.com/watch?v=FQqDUR2kQIU
Air Crash Investigation Bashkirian Airlines 2937 and DHL 2014
https://www.youtube.com/watch?v=uZzSzU5udL0
Air Crash Investigation New Series Air India Flight 182,
https://www.youtube.com/watch?v=dVRnQcCl1rI
Indian Airlines IC814 Hijack, https://www.youtube.com/watch?v=0Z5Gbz6Ay3U
Air Crash Investigation Ocean Landing Part I to Part V (ET961),
https://www.youtube.com/watch?v=B4uk81uJVHA&list=PL6F99FBAD4D31DDAF