Center for Air and Space Law

Insights

Customary International Law in Outer Space: The Need to Accelerate its Process of Creation

This article addresses the urgent need to explore and evaluate novel approaches for implementing legally binding regulations in the field of space law. Rapidly advancing technology, which inherently influences the rights and interests of the majority of the global community, coupled with the advent of new spacefaring nations, has presented challenges in the development of…

Law Enforcement Use of Electromagnetic Pulse Equipped Drones to Maintain the Element of Surprise During Warrant Services

The preemptive deployment of electromagnetic pulse-equipped drones should be accepted by policymakers as valid and adopted as routine practice by law enforcement as a lifesaving tool deployed before serving dynamic search warrants on known to be violent suspect’s residence to disrupt and neutralize that suspect’s use of commercial electronics in a technologically advanced home. Such…

An End to Signature Strikes

This paper will index the history of the United States’ remote killings through signature strikes, from their inception in 2008 to the early 2020s. Then, it will analyze the legal regimes that render signature strikes a viable policy option for the United States. Next, it will contend that signature strikes are antithetical to U.S. policy…

Protection of the Outer Space Environment at Stake? A Legal Analysis of the Preservation of the Space Environment and its Relationship with the Protection of Human Rights

A corrupted space environment would endanger human rights such as the right to health, life, private and family life, and the emerging international human right to a healthy environment. From an analysis of de lege lata, this article points out the inadequacy of the current legal framework to protect the outer space environment and its…

The DJI Ban and the Limits of U.S. Tech Regulation

The latest fight over Chinese-made drones is being framed as a battle over one company, one product line, or even one country. It is not. It is a test of whether the United States can regulate strategically in a sector where national security, commercial dependence, industrial policy, and administrative law are now deeply intertwined. This…

The 200-Foot Problem: Drone Delivery and the Coming Property Rights Collision

There’s a version of the drone delivery debate that sounds almost boring. Safety. Efficiency. Innovation. Convenience. And then there’s the version we actually had in the Drone Law Lab. It’s about property. Power. And whether the federal government is quietly on the verge of authorizing one of the largest redistributions of property rights in modern…

When a Drone Is a Crime and Stopping It Is One Too

The text discusses the challenges faced by law enforcement in dealing with drone incursions over prisons, where they witness contraband deliveries but are legally restricted from intervening. The central issue is the misalignment between existing federal laws governing airspace and the evolving threats posed by drones. While current laws protect against immediate dangers, they fail…

AI, Targeting and the Future of Human Judgment in War

A recent policy discussion at the Center for Air and Space Law examined a scenario that captures one of the most consequential questions emerging in modern warfare. A state deploys an AI-enabled drone system designed to identify and strike military targets using real-time data and machine learning. The system has been extensively tested and consistently…

Conflict in Outer Space: Systemic Integration of the Law of War and International Outer Space Law

This article examines how international space law and the law of armed conflict interact as outer space becomes an increasingly contested domain. Using real-world scenarios, it challenges the assumption that these legal regimes inherently conflict. Instead, it argues they can be interpreted in a complementary way through principles of systemic integration developed by the International…

Possible Solutions to the Regulation of Suborbital Flights

This article examines the legal uncertainty surrounding suborbital flights, which blur the line between aviation and space activities. It analyzes competing regulatory approaches—aviation, space law, integrated, and sui generis—highlighting their strengths and limitations across different types of suborbital operations. The author argues that no single framework is sufficient and proposes a tailored approach: a sui…

Protecting Space Cultural Heritage: Lessons from the Holocaust Art Recovery Experience

Explores how the failure to establish effective restitution mechanisms for Nazi-looted art offers a cautionary lesson for protecting cultural heritage in space. While international law recognizes the value of preserving sites like Apollo landing areas, it lacks clear enforcement and dispute resolution tools. Drawing on decades of fragmented Holocaust art recovery efforts, the article argues…

The International Legal Framework on the Utilization of Remote Sensing Satellites in the Event of a Disaster

Examines how international law supports the use of remote sensing satellites in disaster response, focusing on the 1986 Remote Sensing Principles and their evolution into operational frameworks. Through a case study of the Copernicus Emergency Management Service and the 2024 Chile wildfires, the article demonstrates how satellite data enables faster, more coordinated emergency responses. It…

Traffic Coordination by Contract: Applying Lessons from Internet Governance to Space Traffic Management

This article argues that traditional multilateral approaches have failed to produce binding rules for space traffic management despite growing congestion in orbit. Drawing on the governance of the internet’s Domain Name System, it proposes a novel model based on transnational private regulation. Through a “web of contracts” among stakeholders, a private, multi-stakeholder regime could establish…

Welcome to Air & Space Law Commons

The skies above us—and the space beyond them—are getting crowded. What was once the domain of governments is now a dynamic, rapidly evolving ecosystem of commercial actors, emerging technologies, and increasingly complex legal questions. From satellite constellations to unmanned aircraft systems, the pace of change is accelerating. The law is working hard to keep up.…

Drone Incursions at Airports: The Intersection Between Law and New Technologies

Drone incursions at airports are no longer rare disruptions—they’re a growing threat to aviation safety with real operational and economic consequences. This article explores how current U.S. law struggles to keep pace with rapidly evolving drone technology, highlighting gaps in authority, enforcement, and counter-drone capabilities. From remote ID requirements to the limits on who can…

Remote ID, Surveillance and the Fourth Amendment

As drones become more common in the national airspace system, regulators face a difficult balancing act: enabling safe integration of unmanned aircraft while protecting the privacy and constitutional rights of those who operate them. The FAA’s Remote Identification (Remote ID) rule represents one of the agency’s most significant steps toward managing this challenge. The rule…

The Evolving Regulatory Framework for Uncrewed Aircraft Systems

Over the past decade, the United States has moved from experimental integration of unmanned aircraft systems (UAS) toward a structured regulatory framework designed to support routine operations in the National Airspace System (NAS). This transition reflects both the rapid proliferation of drones across commercial, recreational, and public safety sectors and the Federal Aviation Administration’s ongoing…

Standards of Power: Developments in the PRCs Approach to Drone and AI Growth and the Reshaping of Global Regulations

This article examines how China is leveraging drones and artificial intelligence not just as technologies, but as instruments of geopolitical influence. It argues that the PRC’s integrated approach—combining civilian and military development, prioritizing technological self-reliance, and strategically engaging in international standard-setting bodies—is actively reshaping global regulatory frameworks. By linking market dominance with institutional influence, the…

Operating Uncrewed Aircraft Systems (UAS) Beyond Visual Lacunae of Statutes – Identifying a Legal Framework in Support of UAS Traffic Management (UTM)

As drone operations move beyond visual line of sight, this article tackles the legal and regulatory gaps surrounding UAS Traffic Management (UTM). It examines how existing frameworks—Part 107, Part 91, and federal statutes—can support large-scale drone integration into the national airspace, while identifying where they fall short. The piece argues that effective UTM will require…

The Use of Remote Sensing in Real Property Transactions and Construction

Remote sensing is poised to transform real estate and construction by making invisible risks visible. This article explores how satellite and drone data can identify flood zones, soil instability, and environmental hazards before development begins—potentially saving lives and billions in losses. While not yet mandatory, the author argues it should become standard practice for developers,…

Dealing with Deadly Drones: States Have Rights Too

This article explores the growing tension between federal drone regulation and the practical realities of public safety. While the FAA has built a robust framework for integrating drones into society, it has largely sidelined state and local law enforcement—leaving first responders with limited authority to address malicious drone use. Arguing that this imbalance is unsustainable,…

Identifying Cybersecurity Vulnerabilities in the Realm of Urban Air Mobility

This article examines the cybersecurity risks that accompany the rise of urban air mobility, including threats to both crewed and uncrewed aircraft systems. Using the emerging air taxi and air metro market as context, it argues that digital vulnerability may become one of the industry’s most pressing safety concerns. The piece urges regulators and industry…

A Multi-Industry Examination of Drone Use: How the Regulatory Environment and Public Perception Issues Shape the Ability of End Users to Leverage Uncrewed Aircraft Systems

This article explores how drones are transforming a wide range of industries—from agriculture and construction to public safety and telecommunications—while highlighting the regulatory and public perception challenges that shape adoption. It argues that although drones offer significant gains in efficiency, safety, and data collection, fragmented regulations and societal concerns continue to limit their full integration…

Aerial Insurgency: Non-State Actor Use of Uncrewed Aerial Vehicles and Public International Air Law Implications

This article examines the growing use of drones by non-state actors, including terrorist groups and insurgents, through the lens of public international air law. It analyzes how existing frameworks—particularly the Chicago Convention—apply to UAV operations and state responses, highlighting legal gaps and constraints. The piece argues that international aviation law may offer underutilized tools for…