Vladimír Mandl

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Vladimír Mandl (born March 20, 1899 in Pilsen , † January 8, 1941 ibid) was a Czechoslovakian lawyer and university professor . He wrote papers on aviation law and the first monograph on space law .

Life

Vladimír Mandl was born on March 20, 1899 in Pilsen as the son of the respected lawyer and politician Matouš Mandl (1865–1948). He was a nephew of the painter Josef Mandl (1874–1933). After attending grammar school in Pilsen, he initially considered studying engineering, but then decided to study at the Faculty of Law at Charles University in Prague , in Professor Václav Hora’s seminar on civil procedural law. There Mandl graduated on November 24, 1921 with a master's degree. He then worked for a short time in the judiciary in Prague and then in his father's office in Pilsen. After passing his bar exam, he opened his own law firm in Pilsen on March 1, 1927.

Mandl's first publications concerned the focus of his studies, civil procedure law. At the second congress of Czechoslovak lawyers in 1925 he submitted a paper on questions of gathering evidence in civil proceedings. In 1926 he wrote a monograph on Czechoslovak marriage law. A short time later, Mandl turned to legal questions that resulted from the technical progress of the past decades. Following his first publications on civil procedural law, Mandl wrote several articles on automotive law. He published this in 1929 as a monograph.

Aviation and space law

After a few magazine articles he wrote a monograph on air law in 1928, published by the West Bohemian Aeroclub in Pilsen. In addition to the Czech Air Transport Act, it dealt with questions of international contracts, liability and insurance, and in the last chapter the air war. In 1929 he published a German-language commentary on the Czech aviation law at a publishing house in Reichenberg . In Prague in 1932 Mandl's commentary on the Paris Aviation Agreement and the Czechoslovak Air Transport Act was published. Mandl's interest in aviation was not only of a legal nature; in 1929 he acquired his pilot's license.

On June 20, 1931, Mandl received his doctorate at the Friedrich-Alexander University in Erlangen with the dissertation "Civilian structure of the law on damages". As early as 1930 he had submitted his monograph on aviation law from 1928 to the Czech Technical University in Prague as a habilitation thesis and had given an examination lecture at the Faculty of Mechanical and Electrical Engineering. Mandl's appointment as a private lecturer for the "law of industrial enterprises" was confirmed in September 1932 by the Czechoslovak Ministry of Education.

Rocket technology

During this time Mandl not only intensively studied the literature on the possibility of traveling into space, he also closely followed the experiments in rocket technology. In 1932 he published a popular science work in the Czech language on the problem of interstellar transport. In it he provided an overview of the work of Konstantin Ziolkowski , Hermann Oberth , Robert Goddard and other rocket researchers. The book also contained a blueprint for a multi-stage rocket designed by Mandl himself for altitude research, which had a mixed propulsion system with solid and liquid propellants and which should be designed for an altitude of up to 250 kilometers. Mandl applied for a patent for the rocket in the Czech Republic on April 14, 1932, and on September 25, 1933 it was patented under patent number 52236 of class 46d in. Mandl also published the draft of his rocket in Germany, and in 1934 a short description appeared in Leipzig under the title "The rocket for height research: A contribution to the space problem".

Teaching

Starting with the academic year 1933/1934, Vladimír Mandl gave lectures on the law of industrial companies at the Czech Technical University. He is mentioned for the last time in the course catalog 1938/1939. After the Munich Agreement of September 1938 and the invasion of German troops on March 15, 1939, teaching at universities in the Czech Republic was severely impaired. With the closure of all universities in November 1939, triggered by student protests against the German occupation, Mandl's university activities ended.

Aviation Museum

A few years earlier, Mandl had already started to support the establishment of an aviation department in the National Technical Museum in Prague with the search for documents and exhibits. In this context he had attended aviation exhibitions in Paris and Munich, was in the Aviation Museum in Moscow in 1937 and traveled to the Aviation Collection of the Smithsonian Institution in Washington in 1938. Mandl later reported in Czech aviation magazines about his visits to the exhibitions in Washington and Moscow.

Sickness and death

At the end of 1940, after Mandl had already spent months in a sanatorium because of tuberculosis, his health deteriorated. Vladimír Mandl died on January 8, 1941 in Pilsen at the age of 41. He was buried on January 13th in the city's central cemetery in the grave of the Mandl family.

Space law

There had been individual publications on space law as early as the 1920s. These were mentions of space law on the edge, within writings on aviation law, or the treatment of individual aspects. Vladimír Mandl's book “Space Law. A problem of space travel ”was the first publication in 1932 that presented space law as an independent field of law. The publication was associated with difficulties. Mandl wanted to address a larger readership by publishing it in German, but no publisher was willing to publish it. Finally, he was able to have the 48-page book published by the J. Bensheimer publishing house at his own expense. Only about 25 copies of the already very small edition were sold.

In his publication, Mandl tries to point out the legal questions that would arise from the success of space travel. He places space law as an independent area of ​​law alongside maritime law and aviation law . He explained that the special properties of space are decisive for all matters relating to space travel, such as the properties of the sea for seafaring and those of air for aviation.

In the first part of the paper, on the current situation, Mandl examined the relationship between civil law, public law and international law and space travel. His view that operators and owners of space objects should be fully liable for any personal injury and property damage caused by the operation of space objects, Mandl had already stated in earlier publications on strict liability of industrial companies.

In the second part of his publication, Mandl dealt with the future effects of space travel on the economy, culture and the terms “state” and “law”. Here he opposed the then common idea of ​​unrestricted state sovereignty in space. Mandl was of the opinion that the state's claims to sovereignty were only to be recognized for that part of the airspace in which the state actually exercises control. Beyond the atmosphere is a space that has no connection to the earth and therefore does not belong to a certain part of the earth's surface. There is no state power in this area and travel is unrestricted. Two years later, the Soviet lawyer Yevgeny A. Korovin contradicted him . He was of the opinion that flights over the territory of a state, regardless of altitude and speed, posed dangers against which the states concerned should protect themselves.

Mandl had already discussed aspects of space law that were implemented decades later with the 1967 Moon Treaty and the 1972 Space Liability Convention . Another vision of Mandl, the human colonization of celestial bodies, is current today in connection with the constantly manned International Space Station ISS and the speculations about manned flights to Mars. The possible use of space for military purposes, however, was an area in which Mandl underestimated the technical developments. He assumed that warfare spaceships would play only a minor role in supporting acts of war on land, sea and in the air. He foresaw neither the satellite defense in space planned fifty years later, nor the rejection of military use of space by the international community.

Criticism and belated appreciation

In a book review from 1933, the German legal scholar and professor of aviation law Rüdiger Schleicher sharply criticized Mandl's monograph. All right is "in some way order of human interests, solution of conflicting interests". If these are not yet visible, the lawyer should not deal with them. Mandl's examinations as to whether the aviation law, overflight and landing rights or strict liability should be applied should not be the subject of a legal text, but only that of a state novel, "the utopia of Thomas More".

Until the 1950s, Mandl's writing was hardly noticed by experts. That changed in the early 1950s when interest in space law issues increased. In the first year of which he published "Journal of Air Law" invoked Alex Meyer its first release, for decades leading scientists in aviation law, to justify the impression of space law at Vladimír Mandl. Twenty years earlier, he simply believed in space travel and space law. In the world's first dissertation on space law, submitted to the Georg-August University in Göttingen in 1953, Welf Heinrich Prince von Hannover named Mandl “the first” among the early authors of space law.

Ernst Fasan , then Honorary Director of the International Institute of Space Law (IISL), described Mandl in 1965 as the "father of space law". At the Second Historical Symposium of the International Academy of Astronautics , held in 1968 as part of the XIX. International Astronautical Congress took place in New York, the legal scholar Vladimír Kopal reported on the life and work of Vladimír Mandl. In the decades that followed, Mandl was occasionally mentioned in Kopal's publications and lectures. The international lawyer Gerhard Reintanz , at the time dean of the law faculty at the Martin Luther University in Halle an der Saale, called Mandl one of the "pioneers of space law" in 1965. With the increasing awareness that the beginnings of space law are of contemporary historical interest, Vladimír Mandl's life and work has been honored in several publications in recent years.

Fonts (selection)

  • Jakým způsobem bylo by upraviti předpisy o důkazu slyšením stran, zejména se zřetelem k odchylným předpisům rakouského i uherského soudního řádu? , Second Congress of Czechoslovak Lawyers, Brno 1925, 19 p., OCLC 85638110 .
  • Manželské procesní právo československé: studie (German: Czechoslovakian marriage law: a study ), self-published, Pilsen 1926, 90 p., OCLC 85388226 .
  • Letecké právo (German: Aviation Law ), Západočeský Aeroklub (German: Aeroklub von Westböhmen), Pilsen 1928, 96 p., OCLC 85288763 .
  • The Czechoslovak Air Traffic Act (Law on Air Traffic) of July 8, 1925. Collection of laws and ordinances No. 172. Explained by Vladimír Mandl (= Stiepel's Collection of Laws of the Czechoslovak State, Volume 53), Gebrüder Stiepel GmbH, Reichenberg 1929, 70 S., OCLC 43593138 .
  • Automobilovy zakon z 9.srpna 1908 a jeho reforma (German: The Automobile Act of August 9, 1908 and its reform ) (= Sbírka spisu právnických a národo hospodářských, No. 41), Barvič a Novotný, Brno 1929, 57 pages, OCLC 35400976 .
  • Civilian structure of the law on damages , dissertation, Friedrich-Alexander-Universität, Erlangen 1931, 116 p., OCLC 71957607 .
  • Civilian structure of the law on damages. An attempt at legal theory , M. & H. Marcus, Breslau 1932, 185 S., OCLC 25520593 .
  • Problem mezihvězdné dopravy (German: The problem of interstellar transport ), Nakladatelstvǐ Šolc a Šimáček, Prague 1932, 100 p., OCLC 6880655 .
  • Mezinárodní úmluva o úpravě letectví ze dne 13. října 1919, československý zákon o letectví ze dne 8. července 1925 (German: International Convention on Aviation Law of October 13, 1919, Czechoslovak Aviation Act of July 8, 1925 ), 1932 František Ř 26 pp., OCLC 85516471 .
  • Podnikatelská zodpovědnost za škody: Přednáška z práva průmyslového (German: Entrepreneurial liability for damage. Lectures on commercial damage liability ), J. Otto, Prague 1932, 56 p., OCLC 85516473 .
  • The space law. A problem of space travel , J. Bensheimer Verlag, Mannheim, Berlin, Leipzig 1932, 48 pages, digital version of an English translationhttp: //vorlage_digitalisat.test/1%3Dhttp%3A%2F%2Fntrs.nasa.gov%2Farchive%2Fnasa%2Fcasi.ntrs.nasa.gov%2F19850008388_1985008388.pdf~GB%3D~IA%3D~MDZ%3D% 0A ~ SZ% 3D ~ double-sided% 3D ~ LT% 3DDigitalisat% 20einer% 20englischen% 20% C3% 9Ctranslation ~ PUR% 3D , accessed on February 3, 2014, OCLC 6535719 .
  • Les aerodromes . In: Revue générale de droit aérien , 1933, 6 p., ISSN  1245-5644
  • Pravovárečná měšťanstva v Čechách (German: The brewing privileges of Bohemian citizens ) (= Sbírka spisů právnických a národohospodářských, volume 66), Orbis, Brünn 1933, 27. S., OCLC 79223052 .
  • The rocket for height research: A contribution to the space problem , Hachmeister & Thal, Leipzig 1934, 16 p. (Published by the association "Progressive Transport Technology eV"), OCLC 29768328 .
  • Technokracie, hospodářský systém budoucnosti? (German: technocracy, economic system of the future? ), Šolc a Šimáček, Prague 1934, 114 p., OCLC 85524807 .
  • Le parachute . In: Revue générale de droit aérien , Numbers 2-4, 1935, ISSN  1245-5644
  • Essays of a European technocrat , Wetzel Publishing, Los Angeles, CA 1936, 79 p., OCLC 613120097 .
  • Aero-muzej im. MVFrunze v Moskve . In: Letectvi (German: Luftfahrt ), August 1937, p. 365.
  • Aircraft Building ve Washingtone, USA In: Letec (German: Flieger ), October – November 1938, p. 165.
  • Válka a mír (German: War and Peace ), self-published, Pilsen 1938, 19 p., OCLC 85610096 .
  • Právní soustava německé říše: vyběr (German: The legal system of the German Empire: Voting) (= Sbírka právních pojednání, volume 26), Právnické knihkupectví a nakladatelství V. Linhart, Prague 1939, 128 pp., OCLC 9847289 .

literature

Individual evidence

  1. ↑ a b Vladimír Kopal: Vladimír Mandl: Founding Writer on Space Law , p. 87.
  2. ↑ Vladimír Kopal: The Life and Work of Professor Vladimír Mandl - A Pioneer of Space Law , p. 25.
  3. ↑ a b Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , p. 58.
  4. ↑ Vladimír Kopal: The Life and Work of Professor Vladimír Mandl - A Pioneer of Space Law , pp. 25-26.
  5. ↑ Vladimír Kopal: The Life and Work of Professor Vladimír Mandl - A Pioneer of Space Law , p. 26.
  6. ↑ Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , p. 59.
  7. ↑ Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , pp. 59–60.
  8. ↑ a b Vladimír Kopal: Vladimír Mandl: Founding Writer on Space Law , p. 88.
  9. ↑ Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , p. 61.
  10. ↑ Stephan Hobe: Vladimír Mandl, Alex Meyer, Welf-Heinrich, Prince of Hanover, Friedrich Wilhelm Von Rauchhaupt , p. 35.
  11. ↑ a b Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , p. 66.
  12. ↑ Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , p. 67.
  13. ↑ Vladimír Kopal: Vladimír Mandl: Founding Writer on Space Law , p. 90.
  14. ↑ a b c Bruno Philipp Besser: HSR-34 Austria's History in Space , ESA Publications Division, Nordwijk 2004, ISBN 92-9092-545-0 , p. 14, digitized versionhttp: //vorlage_digitalisat.test/1%3Dhttps%3A%2F%2Fwww.ffg.at%2Fsites%2Fdefault%2Ffiles%2Fdownloads%2Fpage%2Faustriashistoryinspace1.pdf~GB%3D~IA%3D~MDZ%3D%0A~ SZ% 3D ~ double-sided% 3D ~ LT% 3D ~ PUR% 3D , accessed on February 3, 2014.
  15. ^ A b c Stephen E. Doyle: A Concise History of Space Law: 1910-2009 . In: Mark J. Sundahl, V. Gopalakrishnan (Ed.): New Perspectives on Space Law Proceedings of the 53rd IISL Colloquium on the Law of Outer Space, Young Scholars Sessions , International Institute of Space Law, Paris 2011, OCLC 796938841 , p 1–24, here pp. 3–4, digitized version, complete volumehttp: //vorlage_digitalisat.test/1%3Dhttp%3A%2F%2Fwww.iislweb.org%2Fdocs%2FNewPerspectivesonSpaceLaw.pdf~GB%3D~IA%3D~MDZ%3D%0A~SZ%3D~ double-sided%3D~ LT% 3DDigitalisat% 2C% 20complete% 20Band ~ PUR% 3D , accessed on February 3, 2014.
  16. ↑ Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , pp. 61–62.
  17. ↑ a b c d Rüdiger Schleicher: Dr. jur. Vladimír Mandl, lawyer in Pilsen, Space law, a problem in space travel (book review). In: Archiv für die civilistische Praxis , Volume 137, Issue 1, 1933, pp. 122-123, ISSN  0003-8997 .
  18. ↑ a b Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , pp. 62–63.
  19. ↑ Paul G. Dembling: A Liability Treaty for Outer Space Activities . In: The American University Law Review , Volume 19, 1970, pp. 33-47, ISSN  0003-1453 , digitizedhttp: //vorlage_digitalisat.test/1%3Dhttp%3A%2F%2Fwww.wcl.american.edu%2Fjournal%2Flawrev%2F19%2Fdembling.pdf~GB%3D~IA%3D~MDZ%3D%0A~SZ% 3D ~ double-sided% 3D ~ LT% 3D ~ PUR% 3D , accessed February 3, 2014.
  20. ↑ Stephan Hobe: Vladimír Mandl, Alex Meyer, Welf-Heinrich, Prince of Hanover, Friedrich Wilhelm Von Rauchhaupt , p. 32.
  21. ↑ a b Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , p. 63.
  22. ↑ Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , pp. 63-64.
  23. ↑ Stephan Hobe: Vladimír Mandl, Alex Meyer, Welf-Heinrich, Prince of Hanover, Friedrich Wilhelm Von Rauchhaupt , p. 36.
  24. ↑ Neue Zeit newspaper , January 3, 1963, p. 6
  25. ↑ Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , pp. 57-58.
  26. ↑ Vladimír Kopal, Mahulena Hofmann: Vladimír Mandl (March 20, 1899 - January 8, 1941) , pp. 67-68.
personal data
SURNAME Mandl, Vladimír
BRIEF DESCRIPTION Czechoslovak legal scholar and aviation law expert
DATE OF BIRTH March 20, 1899
PLACE OF BIRTH Pilsen
DATE OF DEATH January 8, 1941
Place of death Pilsen