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Drone and Space Law: Let's Fly Wisely

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Drone and Space Law: Let’s Fly Wisely Continuing Legal Education Seminar AGENDA 10:00 United States Senator Mark R. Warner (via skype) 10:10 Governor Terry McAuliffe (via video) 10:15 Space Law Panel July 15, 2015 M. Bruce Harper, Williams Mullen Jim Dunstan, Mobius Legal Group, PLLC The Inn at Wise 11:15 Col. Dawn Zoldi, USAF 110 East Main Street Wise, VA 24293 12:00 Lunch and Keynote Speaker Capt. Jon Greene Register at: 1:00 Virginia Drone Law Panel http://www.courtbar.org/cle/ Office of the Attorney General G. Timothy Oksman, Moderator Margaret O’Shea, State and Federal Laws Registration Fee: $25 Linda Bryant, Drone Use in Law Enforcement Carolyn Juran, Board of Pharmacy CLE Credit: 6.5 live hours Del. Scott Surovell, Virginia House of Delegates 2:45 Patrick Cushing, Williams Mullen 3:00 National Drone Law Panel Kevin Pomfret, Williams Mullen Michael E. Sievers, Hunton and Williams Douglas Kenyon, Hunton and Williams 4:00 Comparative Law Panel Diana Marina Cooper, Canadian Law Matt Sweeny, New Zealand Law 5:00 Business Opportunities Panel Col. Jerry Wright, USAF (ret) Shyam Chidamber Liz Povar 6:00 Closing Remarks Honorable Karen Jackson, Secretary of Technology Honorable Brian Moran, Secretary of Public Safety and Homeland Security 6:30 Reception featuring entertainment by The Weight. *Agenda subject to change. Virginia MCLE Board CERTIFICATION OF ATTENDANCE (FORM 2) MCLE requirement pursuant to Paragraph 17, of Section IV, Part Six, Rules of the Supreme Court of Virginia and the MCLE Board Regulations. INSTRUCTIONS Certify Your Attendance Online at www.vsb.org see Member Login Complete this Certification. Retain for two years. MCLE Compliance Deadline - October 31. MCLE Reporting Deadline - December 15. A $100 fee will be assessed for failure to comply with either deadline. Member Name: VSB Member Number: _______________________ Address: _______________________________________________ Daytime Phone: _____________________________ _______________________________________________ E-mail Address: _____________________________ _______________________________________________ City State Zip Course ID Number: NCC1810 Sponsor: Wise County & City of Norton Circuit Court Clerk Course/Program Title: Drone and Space Law: Let's Fly Wisely Live Interactive * CLE Credits (Ethics Credits): 6.5 (0.0) Date Completed: Location: ________________________________________ By my signature below I certify ___ I attended a total of (hrs/mins) of approved CLE, of which ( ) (hrs/mins) were in approved Ethics. Credit is awarded for actual time in attendance (0.5 hr. minimum) rounded to the nearest half hour. (Example: 1hr 15min = 1.5hr) ___ The sessions I am claiming had written instructional materials to cover the subject. ___ I participated in this program in a setting physically suitable to the course. ___ I was given the opportunity to participate in discussions with other attendees and/or the presenter. ___ I understand I may not receive credit for any course/segment which is not materially different in substance than a course/segment for which credit has been previously given during the same completion period or the completion period immediately prior. ___ I understand that a materially false statement shall be subject to appropriate disciplinary action. * NOTE: A maximum of 8.0 hours from pre-recorded courses may be applied to meet your yearly MCLE requirement. Minimum of 4.0 hours from live interactive courses required. Date Signature Questions? Contact the MCLE Department at (804) 775-0577 or E-mail questions to [email protected] If not certified online, this form may be mailed Virginia MCLE Board Virginia State Bar 1111 East Main Street, Suite 700 Richmond, VA 23219-3565 Web site: www.vsb.org [Office Use Only: Live] Space Law: At Home and Abroad Drone and Space Law: Let’s Fly Wisely Continuing Legal Education Seminar M. Bruce Harper, Partner, Williams Mullen The Inn at Wise, Wise, Virginia July 15, 2015 Agenda > Introduction > International Space Law > United States National Space Law > Virginia Space Law > Questions Please note: This presentation contains general, condensed summaries of actual legal matters, statutes and opinions for information purposes. It is not meant to be and should not be construed as legal advice. Individuals with particular needs on specific issues should retain the services of competent counsel. 2 Introduction Some Policy Themes > These policy interests influence the legal environment at all levels: – The preservation and maximizing of space resources, including limited availability of orbits. – The management of risk and liability. – The promotion of consistency in practice and expectation. – The promotion of the peaceful use of space. 4 International Space Law Practices or rules governing relationships between nations BACKGROUND > International Conventions or Treaties: – An agreement between two or more nations. – Both (substantive) law and contract. – Requires consent, constitutional compliance. – Generally considered binding, within the scope of its terms. > Customary International Law: – General practices accepted as law: established by (i) state practice, or (ii) subjective acceptance of an obligation. > General Principles of Law recognized by civilized nations. > Judicial decisions. Statute of the International Tribunal art. 38 6 Treaties > The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, Jan. 27, 1967, 18 UST 2410, 610 UNTS 205 (the "Outer Space Treaty"). > The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, Apr. 22, 1968, 19 UST 7570, 672 UNTS 119 (the "Rescue Agreement"). > The Convention on International Liability for Damage Caused by Space Objects, March 29, 1972, 24 UST 2389, 961 UNTS 187 (the "Liability Convention"). > The Convention on Registration of Objects Launched into Outer Space, Jan. 14, 1975, 28 UST 695, 1023 UNTS 15 (the "Registration Convention"). > The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, Dec. 18, 1984, 18 ILM 1434, 1363 UNTS 3 (the "Moon Agreement"). 7 Outer Space Treaty > The exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; > Outer space shall be free for exploration and use by all States; > Outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means; > States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner; > The Moon and other celestial bodies shall be used exclusively for peaceful purposes; > Astronauts shall be regarded as the envoys of mankind; > States shall be responsible for national space activities whether carried out by governmental or non-governmental entities; > States shall be liable for damage caused by their space objects; and > States shall avoid harmful contamination of space and celestial bodies. 8 Rescue Agreement > Expands on portions of articles 5 and 8 of the Outer Space Treaty. > States shall take all possible steps to rescue and assist astronauts in distress and promptly return them to the launching State, and that States shall, upon request, provide assistance to launching States in recovering space objects that return to Earth outside the territory of the launching State. 9 Liability Convention > Expands on article 7 of the Outer Space Treaty. > Provides that a launching State shall be liable for compensation for damage caused by its space objects on the surface of the Earth or to aircraft, and liable for damage due to its faults in space. > Provides for procedures for the settlement of claims for damages. 10 Registration Convention > Provides that member States conducting space launches are to provide the United Nations with information on their launchings. > A registry of launchings has been maintained by the Secretary General since 1962. – Approximately 93.5% of functional space objects (satellites, probes/landers, manned spacecraft, space station components) have been registered. – About: http://www.unoosa.org/oosa/en/SORegister/index.html – Search: http://www.unoosa.org/oosa/showSearch.do > Information from member States is published. > Includes intergovernmental organizations that are parties to the Convention, such as the European Space Agency. 11 Moon Agreement > Reaffirms and elaborates on various provisions of the Outer Space Treaty, with respect to the Moon and other celestial bodies. > Provides that these bodies should be used exclusively for peaceful purposes, without disruption of their environments. – The Moon and its natural resources are the common heritage of mankind, and that an international regime should be established to govern the exploitation of any Moon resources when such exploitation is about to become feasible. – Benefits derived from Moon resources are intended to be equitably shared. > Provides that the United Nations should be informed of the location and purpose of any station established on these bodies. 12 Moon Agreement > While the United States is a signatory to the Outer Space Treaty, the Rescue Agreement, the Liability Convention, and the Registration Convention, it is not a signatory to Moon Agreement. (See Committee on the Peaceful Uses of Outer Space Report: “Status of International Agreements relating to activities in outer space
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