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Vincent Correia
Air and Space Law
Volume 45, Issue 3 (2020) pp. 309 – 340
https://doi.org/10.54648/aila2020041
Abstract
Boeing faces an unprecedented crisis in its history, after the 737 Max aircraft have been grounded following two major crashes. Beyond the technical problems revealed during the investigations conducted after these accidents, it appeared that the certification process in place in the United States (US) suffered from several flaws which could have contributed to these disasters. As the US certification process served as a model in several countries and regions, it appears necessary to address the lessons that can be learned from the 737 MAX certification issues, not only in the US but also within the European Union (EU) as both systems hold many similarities. Most notably, the delegation of powers, or ‘privileges’, is now under scrutiny, while it has been the basis of a system relying on shared trust between the regulators and the manufacturers. The EU immediately took actions to change its certification process, and such a move is also expected in the United States. This can significantly increase the administrative burden on manufacturers, at a time when international competition is fiercer than ever.
Keywords
Delegation, Type Certificate, Supervision, Pilot Training, Changed Product
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.