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Helping Africa Earn its Wings
“The work of the center is truly global, as evidenced by their work this year in Nigeria and Mozambique, but it is more than that,” said Samuel Davis, dean of the law school. “The center’s work even extends to outer space. This center is the only one of its kind in the United States and one of only two in North America. I am proud that it is associated with the UM law school.” The space law center was established in 1999 to serve as a “reliable source for creating, gathering and disseminating objective and timely remote sensing, space and aviation research and materials,” according to its mission statement. It is a resource for industry and academia to address legal questions regarding remote sensing and related technology.
In Nigeria, Gabrynowicz Expands Center’s Influence South Africa is posturing to lead Africa’s space program by setting up its own space agency. In 1999, Nigeria established the National Space Research and Development Agency to promote and coordinate space programs. The country launched its first satellite, Nigeriasat 1, from the Plesetsk Cosmodrome in Russia in September 2003. In 2004, the Russian Federal Space Agency Rosaviakosmos and the Algerian Space Agency signed an agreement for understanding and cooperation in the use of space technologies. And in May 2005, the United Nations Office for Outer Space Affairs and the Algerian Space Agency held a seminar to discuss the international and regional implications of Algeria’s launch of its ALSAT-1 satellite. Recognized as an international leader in space and aviation law issues, the UM space law center was invited to participate in discussions about African nations expanding space initiatives. “As their space activities increase, these nations have had to decide what national space laws they need to develop and whether they should accede to existing space treaties,” Gabrynowicz said. During a November visit to Abuja, Nigeria, Gabrynowicz was a presenter at international meetings sponsored by the United Nations and the Nigerian government aimed, in part, at helping African countries build their space law capacity. “African nations ought to act on their new status as space nations to influence the development of the law and to do so by acting in partnership and working within emerging global monitoring and disaster response structures,” she said. After the third U.N. Conference on the Exploration and Peaceful Uses of Outer Space four years ago, the General Assembly called for ratification of U.N. space treaties and for action. The result has been an annual space law capacity-building workshop. Conducted in November in Abuja and sponsored by the U.N. and Nigeria, the latest workshop focused on “Meeting International Responsibilities and Addressing Domestic Needs.” Gabrynowicz was invited to make three presentations at last year’s workshop. She gave an overview of national space laws and policies in her presentation “The United States of America National Space Law Regime.” “It addressed the U.S. law on launch vehicles, remote sensing, NASA, space tourism and the civil space program,” she said. A second presentation, based on research conducted jointly by Gabrynowicz and several UM law school students, addressed the status of remote sensing law and space law in approximately 18 nations. And a third session on education opportunities in space law put the UM law school, its students and space law center in the international spotlight, as Gabrynowicz discussed the center’s history, faculty, activities and the Journal of Space Law. “Joanne is influencing lawyers and legislation worldwide,” Serrao said. “Through her work, The University of Mississippi is recognized as a national asset in the field of space law.” While in Nigeria, Gabrynowicz also attended the “First African Leadership Conference on Space Science and Technology for Sustainable Development” organized by Nigeria’s National Space Research and Development Agency. At that conference, she critically assessed Africa’s past lack of space law contributions, discussed the potential inequities in space law and their possible impacts and implications, and outlined lessons Africa should learn in the law-making process. “The [space law] center has become recognized as an authoritative source for space law development,” she said. “The center’s work in Africa extends its service to a whole new continent. We’ve served in Asia, Europe, North and South America, and now, for the first time, in Africa.”
Serrao Making her Mark Not long after her history-making aviation law success in Mongolia, where she was the sole aviation attorney steering the development of a policy and regulatory framework for civil aviation in the northern Asian country, Serrao has taken on another challenging project. In January, Serrao meets the president of Mozambique and members of the nation’s parliament to brief them on her latest mission—writing the country’s aviation laws. Serrao, a licensed pilot, was selected by the World Bank and Mozambique to draft regulations for airport licensing and certification. Through a World Bank grant, Serrao also will develop the organizational structure and staffing for a Mozambique Civil Aviation Authority division responsible for aerodrome standards and safety. “This is quite a challenging and exciting project,” Serrao said. “It involves creating a set of airport laws and regulations suited to the aviation market of Mozambique while maintaining international U.N. standards. I’ve had to grasp Mozambique’s legal, social, political and economic structure quickly and fit that into a comprehensive body of aviation law. To be able to leave my ‘fingerprints’ on another country’s laws is quite a humbling experience.” Located in southern Africa, Mozambique is one of the world’s poorest countries. Until 1992, the country was embroiled in a 16-year civil war. Recent governments have worked to enact laws to restore order and grow the country’s economy. According to the U.S. State Department, “As there is no direct commercial air service between the United States and Mozambique, the U.S. Federal Aviation Administration has not assessed Mozambique’s Civil Aviation Authority for compliance with International Civil Aviation Organization international aviation safety standards.” Serrao’s work could put the country in compliance with international safety standards for airports. This is the first step in opening up its airspace to more international air traffic and bringing the country up to ICAO standards. “A country’s aviation system is only as safe as its government’s ability to oversee that system,” Serrao said. “In this case, airport legislation is necessary to ensure that the Mozambique Civil Aviation Authority can effectively carry out its aviation safety oversight responsibilities. Without such a commitment to aviation safety, investors will be reluctant to enter the Mozambique market. A country that does not have a legal infrastructure in place tends to get left out.” Serrao made the 35-hour trip to Mozambique in October to evaluate the aviation law and regulatory regime and begin drafting the country’s airport regulations. Her evaluation revealed that the country does not have a comprehensive civil aviation law but a “patchwork” of laws of different weight and authority, some dating as far back as the mid-1920s. “This poses a problem, as the lack of uniformity may lead to confusion or to a dilution of the power of such instruments,” Serrao said. Serrao is collaborating with a local attorney who has been briefing her on Mozambique’s Constitution, labor laws and administrative laws. Mozambique could be fighting an uphill battle in the aviation arena. It’s not a popular tourist destination because of its tumultuous history and widespread poverty. Like many other African countries, it suffers from low air-traffic volume, which limits opportunities for privatization. While aviation could provide a needed link to remote parts of the country, Mozambique’s vast land mass also presents geographic challenges. It’s more than 3,000 kilometers from north to south, and most residents can’t afford the cost of travel. Even when she’s continents away from the Ole Miss campus, Serrao finds a classroom. While in Mozambique, she was invited by the country’s Civil Aviation Authority to present a two-hour lecture on air and space law at the Universidade Eduardo Mondlane. This was the first time that a lecture on the subject was presented in Mozambique, and the session was attended by the university’s dean of law, law professors and about 150 law students. “Jacquie’s aviation law expertise is recognized in many places around the world,” Gabrynowicz said. “She’s doing important work that is bringing international attention to The University of Mississippi.” Serrao has extensive experience in international aviation law. She served as an international aviation operations specialist at the FAA’s Office of International Aviation. There, she was responsible for creating and analyzing policies related to the FAA’s international program. She assisted in the review of foreign civil aviation governments’ laws and regulations during in-country technical review visits for the FAA’s International Aviation Safety Assessment program. And Serrao formulated and wrote U.S. policy arguments for the negotiation of bilateral international aviation agreements between the U.S. government and members of the Andean Republics. “I’ve thought about flying every day of my life,” Serrao said. “I am very fortunate to have found a career that allows me to take my passion worldwide.
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In recent years some African states have become spacefarers, establishing space programs and launching satellites. Other African countries long hampered by turmoil and poverty are developing new aviation laws as a prelude to expanding foreign investment and growing their economies. And they’re doing both with input from space law expert Joanne Gabrynowicz, director of the National Remote Sensing and Space Law Center at UM, and aviation law expert Jacqueline Serrao, associate director.