Common use of Judiciary Clause in Contracts

Judiciary. The Legislative branch consists of Congress, which comprises two houses: the Senate and the House of Representatives. The Executive is headed by a President who is the commander-in-chief of the military and has the power to appoint the members of the Cabinet, subject to the Senate’s approval. The President of the United States is also the head of the state and the United States Government. The Judiciary consists of the Supreme Court and federal courts, whose judges are appointed by the President with the Senate’s approval.245 The United States legal system, apart from Louisiana,246 is based on the common law legal system, which is derived from the common law system of English law. Its judicial sources of law are constitutional law, statutory law, administrative regulations, and the common law. Economically, the United States has the world’s largest national economy. Its nominal gross domestic product (GDP) was estimated at $15.8 trillion in 2012.247 It has been the world’s largest national economy since the 1890s, and the world’s largest manufacturer.248 It is also home to the world’s largest stock exchange, the New York Stock Exchange, a home to 133 of the world’s 500 largest companies.249 The state is the third largest producer of oil in the 244 A constitutional republic is a state where the head of state and other officials are representatives of the people. The republic has a constitution that limits its power with an elected head of state. See ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/Constitutional_republic; see also ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇., “America is a Constitutional Republic … NOT a Democracy”, Speech Given in Salt Lake City, Utah, 9 September 2006, ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/NotDemocracy.html, both accessed: 14 May 2014. 245 The Legislative branch is responsible for making federal laws. The Executive is responsible for executing, enforcing, and administering the laws and policies. The Judiciary is responsible for interpreting the laws and applying them through the cases brought before them. ▇▇▇▇▇, ▇▇▇▇▇▇ “Overview of United States Government and Politics: Foundation and Principles”, ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/od/governmentandpolitics/a/amgovoverview.htm. See also ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/Politics_of_the_United_States, both accessed: 23 January 2013. 246 The legal system of the state of Louisiana is based upon French and Spanish civil law. See ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/List_of_national_legal_systems, accessed: 23 January 2013. 247 ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/US_economy#cite_note-GDP-1, accessed: 23 January 2013. 248 It represents close to 21 per cent of the world’s manufacturing output. See ▇▇▇▇▇, ▇▇▇▇▇, “U.S. Manufacturing Remains World’s Largest”, 14 March 2011, ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇/2011/03/u-s-manufacturing- remains-worlds-largest/18756, accessed: 23 January 2013. 249 See ▇▇▇▇://▇▇▇▇▇.▇▇▇.▇▇▇/magazines/fortune/▇▇▇▇▇▇▇▇▇/2010/countries/US.html, accessed: 23 January 2013. world, as well as electrical and nuclear energy, liquid natural gas, sulphur, and phosphates. Aerospace and telecommunications are its main industries besides steel, motors, vehicles, chemicals, creative industries, food processing, and others. The space industry is an essential dimension of the United States economy. Apart from the United States aeronautic industry, the aerospace industry is viewed as a significant contributor to the United States’ economic wellbeing. Furthermore, it is a symbol of the international prestige, influence and competitiveness of the country. The United States Space Report 2011 reveals that its Global Positioning System (GPS) and satellite television revenues continue to fuel overall growth in the country’s space sector, helping the industry to overcome the challenging economic conditions.250 Moreover, the commercial activities of private sectors are observed as potential contributors that play important roles in strengthening the United States economy.251 Reacting to this, the United States Government declared, under the principles of its National Space Policy 2010,252 that it is committed to encouraging and facilitating the growth of its commercial space sector. The Government has indeed signalled its goal of energizing the country’s domestic space industries by participating in global markets and advancing the development of its satellite manufacturing, satellite-based services, space launches, terrestrial applications and increasing entrepreneurship.253 As a matter of fact, the evolution of the United States’ space activities started from the beginning of the space rivalry between the country and the Soviet Union, which occurred between 1957 and 1975.254 Such intense competition began when the Soviet Union successfully launched its Sputnik, the world’s first artificial satellite, on 4 October, 1957. Driven by this success, about four months later on 31 January 1958, the United States successfully launched its first satellite named Explorer 1. In the 1960s, the United States continued its space programme and, on 5 May 1961, the state managed to send the first 250 “The Space Report 2011 Reveals Continued Space Sector Growth Driven by Commercial Businesses”, 27th National Space Symposium Press Releases, 6 April 2011, ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/media/press- releases/space-report-2011-reveals-continued-space-sector-growth-driven-commercial-busin, accessed: 23 January 2013. 251 ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, “Overview of the United States Space Policy and Law”, National Regulation of Space Activities, ed., ▇▇▇▇▇, ▇▇▇ ▇., (Dordrecht: Springer, 2010), at 389. 252 National Space Policy of the United States of America (June 28, 2010), at 3. The full text is available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/sites/default/files/national_space_policy_6-28-10.pdf, accessed: 23 January 2013. 253 See id., at 4. 254 See ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/Space_Race, accessed: 23 January 2013 American, ▇▇▇▇ ▇▇▇▇▇▇▇, into space.255 On the United States first manned Mercury mission, ▇▇▇▇ ▇▇▇▇▇▇▇ was launched by a Redstone rocket on a sub-orbital flight.256 Other United States space programmes include the Gemini Programme, Apollo Programme, Apollo-Soyuz Test Project, and Skylab. The Gemini Programme was aimed at studying the biological effect of a long flight in orbit, developing techniques for rendezvousing and docking with another spacecraft.257 It bridged the gap between the Mercury and Apollo programmes. It was also intended as a stepping stone to Apollo. The Gemini spacecraft carried two astronauts. It was the first to use a hydrogen fuel cell to generate electricity.258 The Apollo programme’s aim was to land a man on the moon and return him safely to the Earth, and also to gather lunar rocks and soil samples. On 20 July 1969, the first moon landing was accomplished by the Apollo 11 crew when ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ became the first human to set foot on the moon.259 The Apollo-Soyuz Test Project was the last Apollo mission. It was the first international partnership in space and involved the United States and the Soviet Union in a space flight in July 1975.260 Skylab was the first United States space station; it was launched on 14 May 1973 and became a manned orbiting workshop. It was occupied by three crews for 171 days and 13 hours. It was the site of nearly 300 scientific and technical experiments.261 Other programmes included the Space Shuttle programme262 and the International Space Station (ISS).263 According to records, the United States has launched 2127 objects into outer space 255 ▇▇▇▇ ▇▇▇▇▇▇▇ was the first person in space to exercise manual control over his spacecraft’s altitude and retro- rocket firing. This event happened three weeks after the Soviet Union sent its cosmonaut, ▇▇▇▇ ▇▇▇▇▇▇▇, into space on 12 April 196; he was the first to orbit the Earth. The first American to orbit the Earth was astronaut ▇▇▇▇ ▇▇▇▇▇, on 20 February 1962. See id. 256 Several other missions were accomplished under the Mercury Project. For details, see ▇▇▇▇▇▇, ▇.▇., Space Exploration, ▇▇▇▇▇▇▇▇ Encyclopaedic Guides Series, (Edinburgh: W & R ▇▇▇▇▇▇▇▇, 1992), at 123-125. See also ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/encyclopedia/programs/american/mercury/, accessed: 23 January 2013. 257 ▇▇▇▇▇▇, ▇.▇., id., at 65. 258 For details of the Gemini Programme, see ▇▇▇▇▇▇, ▇.▇., supra note 256, at 63–67. See also ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/encyclopedia/programs/american/gemini/, accessed: 25 January 2013. 259 For details of the Apollo Programme, see ▇▇▇▇▇▇, ▇.▇., supra note 256, at 6–9; see also, ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/encyclopedia/programs/american/apollo/, accessed: 25 January 2013. 260 See ▇▇▇▇▇▇, ▇.▇., supra note 256, at 10–12; see also ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/mission_pages/apollo- soyuz/index.html, accessed: 25 January 2013. 261 For more information on the skylab, see ▇▇▇▇▇▇, ▇.▇., supra note 256, at 171–175. 262 The Space Shuttle Programme, or Space Transportation System (STS), made its first flight on 12 April 1981. It was mankind’s first reusable spacecraft. It carried people into orbit repeatedly. It also launched, recovered and repaired satellites, conducted cutting-edge research, and built the International Space Station (ISS). See ▇▇▇▇▇▇, ▇.▇., supra note 256, at 209–213; Refer also ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/mission_pages/shuttle/flyout/index.html, accessed: 25 January 2013. 263 The ISS is an internationally developed research facility being assembled in the low earth orbit. The United States, through NASA, is one of the countries contributing significantly to the project besides the European Space Centre (ESA), the Russian Federal Space Agency (RKA), the Japan Aerospace Exploration Agency (JAXA), and the Canadian Space Agency (CSA). Under ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇’▇ administration, and with the new budget announcement on 1 February 2010, the administration aims to extend the ISS lifetime through to 2020 despite the earlier plan to de-orbit the ISS in the first quarter of 2016 (as determined in 2004 by President ▇▇▇▇▇▇ ▇. ▇▇▇▇). See ▇▇▇▇▇▇▇▇▇, ▇▇▇▇, “Space Station is Near Completion, May be the End”, The Washington between 1958 and December 2012. Most of the objects were registered with the United Nations, as prescribed by the United Nations treaties, but some of them were not registered.264 In relation to the United States space agency, six months after launching Explorer 1, the United States Government established ‘National Aeronautics and Space Administration’ (NASA)265 on 29 July 1958. NASA is the United States Government’s leading agency responsible for the state’s civilian space programme and also for aeronautics and aerospace research.266 It was established by the National Aeronautics and Space Act 1958267 and its functions, among others, were to plan, direct, and conduct aeronautical and space activities.268 It also deals with research and development in certain technologies such as ground propulsion, solar heating and cooling technologies.269 NASA has led the United States Government’s exploration of space since 1958. Considering NASA’s numerous past, present, and future operations and missions,270 the Agency has clearly contributed extensively to the evolution of the United States space programmes. Therefore, the United States Government decided to retain it as a multi-mission agency with a balanced and robust set of core missions in science, aeronautics, and human space flight and exploration.271 There are several others agencies involved in outer space activities. One of the most important is the Federal Aviation Administration (FAA).272 This is a division of the United States Department of Transportation (DOT).273 The FAA is authorized to regulate and oversee all aspects of civil aviation in the United States. One of its headquarters is the Office Post, 13 July 2009, ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/wp- dyn/content/article/2009/07/12/AR2009071201977.html; see also ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/pdf/420994main_2011_Budget_Administrator_Remarks.pdf, and ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/International_Space_Station#End_of_mission_and_deorbit_plans, all accessed: 25 January 2013. 264 See ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/oosa/osoindex.html, accessed: 25 January 2013. 265 NASA official website is available at ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/home/index.html, accessed: 25 January 2013. 266 See ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/NASA, accessed: 25 January 2013. 267 National Aeronautics and Space Act of 1958, Pub. L. 85-568, 72 Stat. 426 (July 29, 1958). The full text is available at NASA official website at ▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇.▇▇▇/spaceact.html, accessed: 25 January 2013. 268 Section 203(a), National Aeronautics and Space Act of 1958, id. See also Section 20112(a)(1), National Aeronautics and Space Act 2010, infra note 326. 269 Section 20112(b), National Aeronautics and Space Act 2010, infra note 326. 270 For information on its mission, refer to ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/missions/index.html, accessed: 25 January 2013. 271 Section 2(3), National Aeronautics and Space Administration Authorization Act of 2010, infra note 310. 272 The FAA official website is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/, accessed: 27 January 2013. 273 The DOT official website is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/, accessed: 27 January 2013. of Commercial Space Transportation (AST).274 It was established particularly to regulate, encourage, facilitate, and promote the country’s commercial space transportation industry and also to ensure the USA’s compliance with international obligations. The Office has a mission to safeguard the protection of the public, property, and national security as well as foreign policy interests of the United States during commercial launch or re-entry activities. Moreover, the Office can recommend appropriate changes to the United States Federal statutes, treaties, regulations, policies, plans, and procedures.275 It should also be noted that one its main responsibilities is the issuance of licences, including managing the licences of private space vehicles and spaceports within the United States. 276 This distinguishes it from NASA, which is a research and development agency of the United States federal government. The FAA also has an advisory board, the Commercial Space Transportation Advisory Committee (COMSTAC). This provides information, advice and recommendations with respect to the commercial space transportation industry.277 Other agencies worth mentioning include the Department of State (DOS),278 Department of Commerce (DOC),279 Department of Defense (DOD),280 and Federal Communications Commission (FCC).281 274 The Office of Commercial Space Transportation (AST) was established in 1984 by the Commercial Space Launch Act 1984, as part of the office of the Secretary of Transportation within the Department of Transportation (DOT). In November 1995, it was transferred to the Federal Aviation Administration (FAA). The AST manages its licensing and regulatory works through the Office of the Associate Administrator with five other main divisions: (1) Space Transportation Development Division; (2) Licensing and Evaluation Division;