Air and Space Law in the Context of Globalization and Fragmentation
Author | : Charles Stotler |
Publisher | : |
Total Pages | : |
Release | : 2016 |
ISBN-10 | : OCLC:973735073 |
ISBN-13 | : |
Rating | : 4/5 ( Downloads) |
Download or read book Air and Space Law in the Context of Globalization and Fragmentation written by Charles Stotler and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "C. Wilfred Jenks, who produced one of the earliest comprehensive treatises on space law, sketched out the phenomenon of "The Conflict of Law-Making Treaties" over a half-century ago. In 2006, the International Law Commission elaborated Jenks' sketch in a report on "Fragmentation of International Law: Difficulties Arising From the Diversification and Expansion of International Law." Since the dawn of Humankind's activities in outer space, legal scholars have recognized the dangers of the fragmentation of international law and its potential effects on international air law and international space law. By examining the history of air and space law in tandem with the history of scholarly debates surrounding the fragmentation of international law, it is possible to contextualize conflicts between air and space law within fragmentation rhetoric. New advancements in aerospace technology have brought issues of the fragmentation to the fore of the progressive development of air and space law. Through an analysis of Jenks' initial sketch and its elaboration in the ILC Report, it is possible to apply the scholarly writings on fragmentation to conflicts between air and space law. The results illustrate problems with the harmonization of air and space law vis-à-vis suborbital vehicles and cast light on States' prioritization of certain norms over other norms. Moreover, it illustrates tensions in the global administration of air and space law, thus providing insight on the best way forward for the regulation of suborbital flight." --