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Robert Lawson
Air and Space Law
Volume 45, Issue 3 (2020) pp. 265 – 284
https://doi.org/10.54648/aila2020039
Abstract
The Montreal Convention is now twenty-one. This article summarizes its purpose, passage, and what it added to its predecessor, the Warsaw Convention, and its progeny. It considers the case law that it has produced and issues that arise in its application. It is concluded that the Montreal Convention has not passed its sell-by date and remains a praiseworthy international instrument for the regulation of air carrier liability, but suggestions are made as to possible further revisions and enhancements.
Keywords
Carrier liability, Montreal Convention, Review, Revision, Expansion
Extract
The article conceptualizes the existing international environmental law principles to better understand their applicability to outer space. The article proposes utilizing existing international environmental legal principles to implement the idea of waste hierarchy concept of ‘Reduce, Reuse and Recycle’ to address issues concerning long-term sustainability of outer space. The primary focus is on issues pertaining to transfer of ownership, on-obit servicing, and active debris removal and how they can be used to achieve the sustainable development goals of outer space through the waste hierarchy concept. The article ultimately suggests that existing international environmental law and space law together can ensure an efficient framework to help cope with issues threatening the sustainable use of outer space. The article works towards understanding the importance of bridging the gaps in the existing international space law regime with respect to long-term sustainability of outer space.