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Dissertations / Theses on the topic 'Airspace (Law)'

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1

Hornik, Jiří. "Navigation in airspace - a legal trichotomy." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34011.

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The invention of the airship and subsequently, at the beginning of the last century, of the airplane made legislators think about comprehensive legal regulation of navigation in airspace. The scope of the first laws and international treaties was limited to the regulation of navigation performed by a vehicle deriving its support in the air from reactions against the air, either aerostatic or aerodynamic. As technical developments have advanced, new vehicles capable of navigating in airspace have been invented using different principles of support in the air. Due to their different support in the air, they fail to comply with the definition of aircraft in its present wording, as set forth in the regulatory system of the Chicago Convention, the only multilateral international treaty dealing with basic aspects of navigation in airspace.
Generally, there are at present three categories of vehicles capable of navigating in airspace---non-aircraft, state aircraft, and civil aircraft. Consequently, there are three legal frameworks---a legal trichotomy---to apply for navigation in the air. An analysis of this trichotomy and its impact on the safety of navigation is the objective of this thesis. (Abstract shortened by UMI.)
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2

Park, Won-Hwa. "The boundary of the airspace and International Law /." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66216.

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3

Trepczynski, Susan J. "Edge of space : emerging technologies, the 'new' space industry, and the continuing debate on the delimitation of outer space." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101829.

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Nearly fifty years have passed since the beginning of the space age, but international lawmakers have yet to determine where airspace ends and outer space begins. This paper examines the need to settle the boundary dispute, specifically taking into account the effect it has on emerging technologies and the 'new' space industry.
The opening chapter examines the fundamental changes that have occurred since the beginning of the space age, both in terms of the technology and the space exploration infrastructure. The background of the delimitation question is then provided, followed by a discussion of the legal significance of the boundary issue. The final chapter analyzes the spatialist and functionalist approaches to the delimitation of outer space, looking at the pros and cons of each position.
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4

Halstead, C. Brandon. ""There is no gravity ... " proposal for a new legal paradigm for air law and space law : orbit law." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=100240.

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As the debate over demarcation between airspace and outer space remains unresolved, advancements in technology are bringing these two realms of flight closer than ever before. Rather than relying on traditional functional or spatial approaches to define the legal framework of flight, this paper proposes a completely new legal system based on orbital status known as "Orbit Law."
The first chapter examines the functional versus spatial debate, and highlights those aspects of existing International Air Law and Space Law which may be useful to an Orbit Law regime. Chapter II studies the science bridging air flight with space flight, and proposes the standardization of safety requirements for all suborbital and orbital flights. Finally Chapter III outlines the new legal principles of Orbit Law, highlighting innovative submissions for suborbital and orbital flights, solutions to issues of liability, and "Open Skies" for all flights.
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5

Grief, Nicholas. "Public international law in the airspace of the high seas." Thesis, University of Kent, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.293127.

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6

Reinhardt, Dean N. "The vertical limit of state sovereignty /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83956.

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There is no international agreement on the vertical limit of State sovereignty, the boundary between territorial airspace and outer space. The need for defining this boundary has been debated for over 50 years. Today, the need to settle this gap in the law is growing in importance. This thesis concludes that setting a low vertical limit on State sovereignty is the best approach because it will allow all States free access to space and enable uniform international rules to be set at a relatively low altitude.
Chapter I discusses territorial sovereignty and examines the evolution of vertical sovereignty. It then compares this to the evolution of the law governing territorial seas and concludes by examining the airspace laws of several States. Chapter II reviews the reasons demarcation is important. Chapter III discusses past proposals for demarcation and recommends setting a low vertical limit on State sovereignty.
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7

Oduntan, Olugbenga Toluwaleke. "Sovereignty and jurisdiction in the airspace and outer space : legal criteria for spatial delimitation." Thesis, University of Kent, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269114.

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8

Peterson, Mark Edward. "The UAV and the current and future regulatory construct for integration into the national airspace system /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99149.

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Unmanned Aerial Vehicles ("UAV") have been a part of aviation from the infancy of manned aviation; yet, have not reached their fullest potential as they are not integrated into the national airspace system ("NAS"). However, we are at the edge of technological breakthroughs to make integration a reality. Nevertheless, the regulatory construct necessary to provide safe integration of UAVs is unfinished. This thesis looks at necessary regulatory changes within the United States to allow for integration of the UAV into the NAS. I will first define the UAV and look at its historical roots. Then, I will review existing regulations and directives of manned flight that would apply to UAVs, as well as various rules specifically for UAVs that now exist. Through this examination, I will review the gaps and offer recommendations to fill regulatory holes in hopes to provide a useful contribution to the eventual integrated flight of UAVs.
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9

Numan, Bsharat. "Current developmentsn air lav." Thesis, Вектор, 2020. https://er.nau.edu.ua/handle/NAU/45035.

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Bsharat Numan Current developmentsn air lav // ІІІ Міжнародний молодіжний науковий юридичний форум: [Матеріали форуму, м. Київ, Національний авіаційний університет, 14-15 травня 2020 р.] Том 2. - Тернопіль: Вектор, 2020. - С. 166-168.
Civil aviation is increasingly playing a role in the transportation of passengers and luggage, in the functioning of the tourism business and more. International regulations play an important role in the implementation of air transportation. For the further development of civil aviation there is an urgent need to improve the rules of international law.
Bsharat Numan
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10

Numan, Bsharat. "Current developmentsn air lav." Thesis, Вектор, 2020. https://er.nau.edu.ua/handle/NAU/46861.

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Bsharat Numan Current developmentsn air lav // ІІІ Міжнародний молодіжний науковий юридичний форум: [Матеріали форуму, м. Київ, Національний авіаційний університет, 14-15 травня 2020 р.] Том 2. - Тернопіль: Вектор, 2020. - С. 166-168.
Civil aviation is increasingly playing a role in the transportation of passengers and luggage, in the functioning of the tourism business and more. International regulations play an important role in the implementation of air transportation. For the further development of civil aviation there is an urgent need to improve the rules of international law.
Bsharat Numan
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11

Bartlik, Martin. "The impact of EU law on the regulation of international air transportation /." Aldershot : Ashgate, 2007. http://aleph.unisg.ch/hsgscan/hm00245074.pdf.

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12

Iswandi, P. "The rights and duties of states in the airspace adjacent to their coasts : reflections on the U.N. Convention on the Law of the Sea." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64470.

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13

Williams, Andrew S. "The interception of civil aircraft over the high seas in the global war on terror /." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=100747.

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This study addresses a narrow but important facet of the war on terror: the interception of civil aircraft over the high seas without the consent of the state of registry, when such aircraft are suspected of transporting weapons of mass destruction or terrorists. It introduces the contemporary legal regime over the high seas, in particular the customary norms relating to freedom of overflight, jurisdiction over aircraft, and the 'Rules of the Air' adopted by the International Civil Aviation Organization (ICAO). The study also examines the legal status of military aircraft in international law as a symbol of a state's sovereignty. It explores the justifications for lawful interceptions as well as the legal obligation of states to show 'due regard' for the safety of civil air navigation. The ICAO standards for the interception of civil aircraft and their applicability to state aircraft are also discussed. In conclusion the remedies an aggrieved state may pursue for alleged violations of international law are addressed.
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14

Simantirakis, Christina. "The Cuban shoot-down of two US-registered civil aircraft on 24 February 1996 : study of a new case of use of weapons against civil aircraft." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33367.

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On 24 February 1996, two US-registered civil aircraft operated by members of the anti-Castro organisation Brothers to the Rescue were shot down by Cuban fighters. This action was denounced by the United States and the majority of the international community on the grounds that international air law, as reflected in Article 3bis of the Chicago Convention, prohibits the use of force against civil aircraft. However, at the time of the incident, the 1984 Protocol introducing Article 3bis in the Chicago Convention was not in force nor had it been ratified by Cuba or the United States. This thesis will examine the international legal rules applicable to the incident and will assess the legality of the Cuban action.
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15

Laing, Melissa Catherine. "Through the Transit Zone : between here and there." Thesis, The University of Sydney, 2008. http://hdl.handle.net/2123/4027.

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It is within the perception, the reality and the problematic of international air travel that this thesis is situated. It argues that a space has been created for international air travel, which is conceptually and physically demarcated from normative social space, the Transit Zone. The thesis examines four sites constituting the Transit Zone using both political and social theory and the analysis of performance and visual artworks that explore, explain or contest aspects of the sites. The first site is concerned with the construction of nation-state territory, population and legal movement. Its physical expression can be found at the border between the Transit Zone and the nation-state. However, its conceptual reach is much more extensive, appearing in immigration policy, national law, international covenants, data-sharing practices and the creation of a space external to, yet within, the nation-state system. This site creates the Transit Zone’s paradoxical position of being excluded from nation-state territory while simultaneously defining it. The second site is premised on the (in)security of civil aviation and explores the striving towards absolute security, and the unachievability of that goal. This is a reflection of the prevalence of (in)security discourses in contemporary society. The third site is created by corporate interest within the airport terminal and the aeroplane. It is the site of logistics and sales, of the passenger functioning both as an object or unit of movement and as a desiring purchasing subject. The fourth site is constructed through the imagination – it is made up of the ideas, cultural dreams and responses that have accreted around the site of the Transit Zone. These intimate and personal responses transform the Transit Zone from a site of function, profit and government control to a vehicle for the construction and realisation of fears, fantasies and rites of passage. This thesis demonstrates that many contemporary issues infuse and surround the Transit Zone. Immigration, national defence, international politics, logistics, social interaction and cultural fantasy all collide there. It explores the complexity of the Transit Zone’s paradoxical collection of sites and systems, which can not be reduced to one single reading. The Transit Zone has evolved, and continues to do so, in response to government and international demands, legal problems, technological advancements, logistical and commercial needs, and social changes. In doing so, its evolution redefines and articulates contemporary concerns. Additionally the thesis reveals an extensive artistic engagement with the Transit Zone and the contemporary concerns it articulates. Art is used as a designated imaginative space that challenges the established reality and the art works discussed change our understanding of the Transit Zone.
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16

Laing, Melissa. "Through the transit zone between here and there /." Connect to full text, 2008. http://hdl.handle.net/2123/4027.

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Thesis (Ph. D.)--University of Sydney, 2008.
Title from title screen (viewed Apr. 22, 2009) Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Sydney College of the Arts. Includes bibliographical references. Also available in print form.
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17

"Indigeneity in the Air: The Highs and Lows of Asserting Tribal Airspace Sovereignty." Master's thesis, 2019. http://hdl.handle.net/2286/R.I.53763.

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abstract: Advancements in marine and aerospace technology drive legal reform in admiralty and air law. The increased accessibility and affordability of these technologies demand and motivate lawmakers and federal agencies to anticipate potential threats to peoples’ rights and resources in the seas and skies. Given the recent applications of unmanned aircraft in the public and private sectors, developments in aircraft and air law are rapidly becoming more relevant to American Indian and Alaska Native tribes. In anticipation of legal reform, tribal nations are taking steps to assert, expand, and secure their air rights before agencies or the courts attempt to divest their sovereign authority. An analysis of two case studies through a lens of water and federal Indian law locates spaces in American jurisprudence that have the legal foundation and structural capacity to support a greater presence of Indigeneity in airspace. Research findings from these studies answer the following inquiries about tribal airspace sovereignty: where does Indigeneity reside in the US national airspace system and domestic air law, how are tribal air rights strengthened or weakened by American jurisprudence, what strategies do tribes employ to exercise their sovereignty in airspace, and how are tribes planning for future developments in aircraft and air law? Answers lead to proof of how meaningful consultation through collaborative rulemaking produces far greater mutual benefits than burdens for federal agencies and tribes, and much more. Most importantly, these discoveries celebrate a diverse and accumulative strategic legacy of strengthening and expanding tribal sovereignty in the face of imminent threats and possibilities in tribal airspace.
Dissertation/Thesis
Masters Thesis American Indian Studies 2019
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18

Laing, Melissa Catherine. "Through the Transit Zone : between here and there." 2008. http://hdl.handle.net/2123/4027.

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Doctor of Philosophy (PhD)
It is within the perception, the reality and the problematic of international air travel that this thesis is situated. It argues that a space has been created for international air travel, which is conceptually and physically demarcated from normative social space, the Transit Zone. The thesis examines four sites constituting the Transit Zone using both political and social theory and the analysis of performance and visual artworks that explore, explain or contest aspects of the sites. The first site is concerned with the construction of nation-state territory, population and legal movement. Its physical expression can be found at the border between the Transit Zone and the nation-state. However, its conceptual reach is much more extensive, appearing in immigration policy, national law, international covenants, data-sharing practices and the creation of a space external to, yet within, the nation-state system. This site creates the Transit Zone’s paradoxical position of being excluded from nation-state territory while simultaneously defining it. The second site is premised on the (in)security of civil aviation and explores the striving towards absolute security, and the unachievability of that goal. This is a reflection of the prevalence of (in)security discourses in contemporary society. The third site is created by corporate interest within the airport terminal and the aeroplane. It is the site of logistics and sales, of the passenger functioning both as an object or unit of movement and as a desiring purchasing subject. The fourth site is constructed through the imagination – it is made up of the ideas, cultural dreams and responses that have accreted around the site of the Transit Zone. These intimate and personal responses transform the Transit Zone from a site of function, profit and government control to a vehicle for the construction and realisation of fears, fantasies and rites of passage. This thesis demonstrates that many contemporary issues infuse and surround the Transit Zone. Immigration, national defence, international politics, logistics, social interaction and cultural fantasy all collide there. It explores the complexity of the Transit Zone’s paradoxical collection of sites and systems, which can not be reduced to one single reading. The Transit Zone has evolved, and continues to do so, in response to government and international demands, legal problems, technological advancements, logistical and commercial needs, and social changes. In doing so, its evolution redefines and articulates contemporary concerns. Additionally the thesis reveals an extensive artistic engagement with the Transit Zone and the contemporary concerns it articulates. Art is used as a designated imaginative space that challenges the established reality and the art works discussed change our understanding of the Transit Zone.
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19

Pysk, Vladimír. "Opatření EU v oblasti letecké dopravy usnadňující volný pohyb osob, zboží a služeb - Jednotné evropské nebe." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-321058.

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This diploma thesis is dedicated to the European Commission's project known under the name Single European Sky which pursues an objective to reorganize the current European airspace structure for the more efficient provision of air navigation services purposes. As an introduction, the author sets himself the goal to acquaint the reader with relevant international organizations in the field of civil aviation, introduce him in a general way into the provision of air navigation services' issues, including the situations when these services are being provided across the national boundaries. Following this general reading, the thesis fluently moves on to its main subject matter which is the Single European Sky initiative. An attention is focused on the state of European airspace before the initiative has been launched as well as the preparatory works which resulted in the adoption of the first SES legislative package. The following chapter presents the basic legal framework regulating the Single European Sky as amended by the adoption of the second legislative package. Principal part of the thesis is comprised in the next chapter dealing with the process of project's implementation. Within its framework, the reader's attention is turned, inter alia, to such crucial issues as the national supervisory...
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