Washington D.C.

Overhaul of Space Export Controls Announced by US Commerce Department

Overhaul of Space Export Controls Announced by US Commerce Department

  In October 2024 the the Commerce Department’s Bureau of Industry and Security (BIS) proposed amendments to the Export Administration Regulations (EAR) aimed at updating and streamlining controls on spacecraft and related items. Simultaneously, the Department of State is proposing revisions to the International Traffic in Arms Regulations (ITAR) concerning U.S. Munitions List (USML) Categories […]

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Flying Fish 1

Flying Fish 1, Mid-East War, Northern Sea Route, and Lessons from the Arctic Sunrise Arbitration

  The world of maritime trade is no stranger to change, but recent events have stirred the waters in unprecedented ways. The Flying Fish 1, a 4,890 TEU container ship, has made headlines as the largest vessel of its kind to traverse the Arctic waters, charting a course from Europe to China. This remarkable journey

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When Iran Sued NASA: A Lesson in Earnest Money and Space Launch Transactions

When Iran Sued NASA: A Lesson in Earnest Money and Space Launch Transactions

Few cases stand out as starkly as the Telecommunication Company of Iran (TCI) v. NASA. The case, heard by the Iran-US Claims Tribunal (IUSCT) in 1984 dealt with the often misunderstood concept of “earnest money” within the context of space launch negotiations. The case highlights the critical importance of understanding contractual obligations and the risks inherent

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The Regulatory Void: Why Space Flight Suppliers Face Heightened Risks

The Regulatory Void: Why Space Flight Suppliers Face Heightened Risks

As the commercial space flight industry continues to expand, the nature of liability within this domain presents challenges that are distinctly different from those faced in more established industries. While certain principles, such as the need for robust contracts and clear indemnification clauses, are universal, the specific hazards, regulatory requirements, and the sheer novelty of

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Impact of the U.S. Supreme Court overturning of the Chevron Doctrine on Commercial Space Regulation

Impact of the U.S. Supreme Court overturning of the Chevron Doctrine on Commercial Space Regulation

  In 1984, the Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision established the Chevron Doctrine, a cornerstone of administrative law in the United States. This doctrine directed courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes. Its influence extended across various sectors, including emerging fields like commercial space, where regulatory

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U.S. LNG Exports: A Catalyst for Geopolitical Shifts and Terminal Agreement Disputes

U.S. LNG Exports: A Catalyst for Geopolitical Shifts and Terminal Agreement Disputes

The U.S. LNG Export Boom: A New Energy Landscape The U.S. has become the largest exporter of liquefied natural gas (LNG), driven by significant infrastructure development and advances in natural gas extraction. This growth has led to debates about environmental sustainability, economic effects on communities, and how this aligns with U.S. climate goals. The CP2

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Biden's Executive Order on Israel / West Bank Sanctions: Global Business Compliance Considerations

Biden’s Executive Order on Israel / West Bank Sanctions: Global Business Compliance Considerations

On February 1, 2024, President Joe Biden’s executive order introduced sanctions targeting individuals and entities that contribute to instability in the West Bank, notably through violence or threats against civilians. This directive, with its broad implications, mandates a closer examination of how businesses worldwide engage with Israel and the West Bank, especially given the region’s

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Ownership

Ownership, Control, and Nationality in Investor-State Dispute Settlement: Analysis of 2021 Cases (UNCTAD Review)

  Navigating the labyrinthine complexities of Investor-State Dispute Settlement (ISDS) often requires a discerning eye for detail, especially when it comes to pivotal issues such as ownership, control, investor nationality, and corporate structuring. The 2021 review by the United Nations Conference on Trade and Development (UNCTAD) published in July/August 2023 serves as a recent cartography

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“You are not a horse.” – How the US Court’s Ruling on COVID and Ivermectin Impacts Global Industries

  In an era marked by the global upheaval of the COVID-19 pandemic and the ensuing debates around treatments like Ivermectin, a recent pivotal U.S. Court of Appeals for the Fifth Circuit judgment serves as a beacon of clarity, in Apter et al. v. Dep’t of Health & Human Services et al (No. 22-40802). The

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SpaceX's Potential IPO: Smaller Space Companies and Governance Necessity

FIDIC 2023 Guide: Navigating Risk Effects and Contractor Relief Amidst COVID-19, Inflation and War

  The COVID-19 pandemic and the ongoing war have posed unprecedented challenges to the construction industry worldwide. Projects have faced significant disruptions, delays, and cost escalations due to factors such as unavailability of goods, supply chain disruptions, and fluctuating market conditions. In such scenarios, it is crucial for the parties involved to understand the contractual

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