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14 Air & Space Law. 1 (1999-2000)

handle is hein.journals/airspaclaw14 and id is 1 raw text is: 









Volume 14, Numiber I, Suimex 99


THE'AiR AND SPACE LAWYER


Fixing 'Bogus Parts' Before They Give Birth to Problems

BY JASON DICKSTEIN


'13ogus parts.' Uincontrolled
engine t'ailure. Planes I'alling
out of the sky. 'I'liese are some
of the niedia images that bring     .
nightmares to the millions oi
p)eopl vh(o fly in our (:olflle'-
cial aviation system .
   One of the most 'rightening
and least understood aspects
of aviation safety co(ncerns the
bogus parts that are reputhd to
be installed on civil aircraft.
l'he term bogus parts' is
often spoken ini the satme huslied tones reserved for
crimes Ilike narcotics trafficking and hijacking. In
fact, laws that were passed to :omlbat aircraft hijack-
ing have been used against persons accused of 'bogus
parts'-related crinies. Law enforcement is taking the
issue of 'bogus parts' very seriously.
   Like most nightmares, the 'bogus parts' issue
takes on a different shape when ex)ose(l to the harsh


light oF day. Legal and safily )rolblems associatel
with 'bogus' aircraft parts ar: olten miuchi more con-
plex and less black and white than news mndia
might have us believe.
   The purpose of this article is to (lispel somne of the
mIlyths associated with 'hogus' aircraft parts, to provide
a ru(1imentary eXl)anation of the prteIl), and to
describe sc i of the steps liing taken I) y governient
an(l industry to resolve it. A brief ldescription of the
lprollemn is followed lby an explanation of FAA regula-
tions that apply to an aircraft part throughout its life
cycle. Analysis of' the regulatory schemie shows that
(littering standards for manufacture and maintenance
cause a discontinuity in the system that p~rovides a ripe
atnosplihere for germinating problens.

Statement of the Problem(s)
Perhaps the most iniportant inisunderstanding in the
area of 'bogus parts' is the fact that the problem is
actually iany l)roblems.' All concern aircraft parts,
                            (continued oil page 10)


Acquisition of Corporations in the Space Industry

BY JULIAN HERMIDA


Ini recent years, several corporations engage(d in the
space industry have been sold, merged, spun off, or
reorganized. These include satellite telecomnmunica-
tions operators, remote sensing companies, and
launch services providers, among others. Many of
these corporations are active in foreign jurisdictions,
carrying out space-related projects either by them-
selves or in conjunction with local partners. The
agreements used to structure and materialize these
transactions in the space industry have rarely ever
been analyzed from a space law perspective. This arti-
cle examines primiary characteristics of agreements
used in connection with acquisition of international
corporations engaged in the space industry.

Precontractual Documents
As in other industries, negotiations aimed at the
acquisition of stock of i target corporation generally


start with the execution of i letter of intent, a confi-
dentiality agreement, a stand still agreement, or other
pr(econtractual document. The objective of these
agreements is to regulate the conduct of the parties
during negotiations. The letter of intent, the most fre-
                           (continued on page 17)



  Fixing 'logus Parts' Before They Give Birth
  to Problems                                 1
  Acquisition of Corporatims in the Space Industry  1
  Chair's Message                            2
  Editor's Cohm                              3
  Recenti Chanlges ill the Warsaw Convenition:
  The Effects on Airline Liability Claims    3

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