“Contrasted with the entry into the twentieth century, we have now entered the twenty-first century at supersonic speed with respect to the continuing development of aviation and space activity.  The challenges ahead are ominous.  The legal issues relating to the continuing development of international and domestic air transportation and the exploration and utilization of outer space are becoming considerably more complex.  The issues must be addressed early in the twenty-first century in order to continue the orderly development of air transportation and outer space utilization.  Dr. Ruwantissa Abeyratne, in his book, “Frontiers of Aerospace Law”, addresses the challenges that lie ahead and the anticipated legal issues that must be addressed in the future.  This book is a must read for all who presently are or may become involved in this area of the law and should be on the desk of every lawyer who may be called upon to address these challenges.”
 

George N. Tompkins, Jr.
Counsel, Schnader Harrison Segal & Lewis, New York
 
 

My pleasant introduction to Dr. Abeyratne, a senior member of the international civil service, was during one of my visits to Montreal in the early ninetees which I made in my capacity as visiting professor to McGill University.  Dr. Abeyratne had, by then, already published numerous articles on various subjects in addition to several books and was well on his way toward making a name for himself as a respected and learned scholar in international law and aerospace law. 

Dr. Abeyratne distinguishess his writings by documenting them meticulously and building sustained analyses from available facts.  He has made excellent use of his distinguished service as an aviation lawyer and economist at the International Civil Aviation Organization by addressing current and topical issues in their true perspective and practical application.   Dr. Abeyratne’s writings are therefore most esoteric, covering a wide spectrum of practical issues and they bear ample testimony to his exposure, knowledge and experience in the field of aerospace law and economics. 

Dr. Abeyratne’s new book, entitled “Frontiers in Aerospace Law” deals with a wide range of developments in space law.  However, being an expert in air law, he has also  made quite a number of pertinent observations relevant to aviation issues.  His current work primarily reviews the links between air law and space law in the broadest sense of the word and contain a critical survey of the philosophical aspects of aerospace law, their interpretation through international law, and the principal tenets of space law.

There is also an extensive commentary on  the frontiers of both air law and space law, with particular reference to the status of the aeroplane.  The book also contains the author’s analyses of the role of States as providers of space technology in the field of navigation and the new Global Navigation Satellites System, bringing to bear once again his expert knowledge of air law.  His exposé on the legal aspects of human conduct concerning extra terrestrial intelligence is the first of its kind and blazes a trail for more deliberation on the subject. 

A separate chapter touches on emergent issues with regard to  new activities in outer space, three of which are currently of great importance. They are: trade secrets in the outer space exploration industry, trade marks in outer space industry, and cyber terrorism in outer space.

The author proceeds to offer a number of conclusions on matters of outer space, while proceeding to air law issues in a separate chapter. Comments and issues which show the wide experience and profound knowledge of the author and the originality of his ideas in air law are reflected in a masterful dealing with such subjects as the funding of an international financial facility for aviation safety, the smuggling of illegal migrants by air and the economy class and aerotoxic syndromes.  He arrives at sound conclusions with a penetrating analysis of these topical and contentious issues, in the following chapters.

Dr. Abeyratne makes a  most apposite remark in the Preface to his book, where he states that the recommendations contained therein are geared to look future reality in the face and find legal solutions.  This he accomplishes with his usual competence and authority, while emphasizing, quite rightly, that there is no single coherent dispute settlement mechanism in space law, which is badly needed at present and will be needed even more in future.

This book fills a great lacuna in the legal literature pertaining to current and future issues in aerospace law which have thus far  not been given sufficient attention.  It also emphasizes the growing links between air and space activities and attempts to find solutions to problems of great actuality and impact. This is a fascinating, original book and an asset to existing literature.
 

Professor I.H.Ph. Diederiks-Verschoor
Vice Chairman
International Institute of Air and Space Law
University of Leiden
The Netherlands

Contents

Chapter One – Space Law Concepts

1. Introduction
2. Links between Space Law and Air Law

1. The philosophy of Space Law
2. Implementation of Space Law through International Law
3. Principles of Space Law


Chapter Two – Space Law Issues
 

1. The Aerospace Plane – Frontiers between Air Law and Space Law
2. Liability of States as Providers of Space Technology in the field of Air Navigation
3. The New Global Navigation Satellites System

 
Chapter Three – Space Law - Emergent Trends

1. Liability for Acts of Professional Negligence and Criminality Committed in Space
2. Environmental Protection and the Use of Nuclear Power Sources of Outer Space
3. Liability of States for Collusion with Extra Terrestrial Intelligence with the Sharing and Use of Space Technology
4. Trade Secrets in the Outer Space Exploration Industry
5. Trademarks in the Outer Space Industry
6. Cyber Terrorism in Outer Space

 
Chapter Four – Conclusion

 
Chapter Five – Air Law Issues

1. Aircraft Noise
2. Marginal Cost Pricing of Airports and Air Navigation Services
3. The Single Till and Airport Privatization
4. Funding an International Financial Facility for Aviation Safety
5. Smuggling of Illegal Migrants by Air
6. The Economy Class Syndrome
7. The Aerotoxic Syndrome
8. Privacy of Airline Pilots

Chapter Six - Conclusion

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Ruwantissa I.R. Abeyratne, senior professional, International Civil Aviation Organization (ICAO), Montreal, Canada.