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Air Transport and Pandemic Law by Ruwantissa Abeyratne Pdf
The book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics.
Post Pandemic Facilitation of Air Transport by Ruwantissa Abeyratne Pdf
From early 2020 for a period of two years at the end of which this book was written, air transport suffered unprecedented setbacks due to the COVID-19 pandemic. Although the pandemic may eventually fizzle out into another flu like occurrence, the restraint with which air transport services were offered would remain with us for a while with some practices being sustained, particularly those pertaining to public health. One of the main areas of air transport that was and will be affected significantly by the changed circumstances - is facilitation – a subject that is regulated by the Chicago Convention of 1944 and its Annex 9. This book looks in depth at the Annex as it will be applied in a post pandemic world, against its legal, socio-political, and economic impacts, addressing the Standards of the Annex on clearance of aircraft; entry and departure of passengers; and the carriage of cargo. It also discusses some critical aviation events in 2020 and 2021 that occurred as they relate to facilitation of air transport. Some of the key areas discussed are the role of ICAO; issues of public health as they relate to air transport; security of travel documents; smuggling of persons; digital technology and rights of the passenger; unruly passengers; carriage of disabled passengers; relief flights and repatriation flights; and facilities at airports.
The legal side of COVID-19 on the aviation industry by Nadiia Kudriashova Pdf
Research Paper (postgraduate) from the year 2020 in the subject Law - Miscellaneous, grade: A, Columbia International University, course: Aviation, language: English, abstract: In March of this year, the WHO and ICAO issued a joint statement containing updated recommendations on COVID-19 and civil aviation. This document reaffirms the commitment of these specialized UN agencies to expand international cooperation to curb the spread of the virus and protect the health of passengers. The statement notes the importance of States complying with ICAO and WHO standards related to the prevention of the spread of infectious diseases and the International Health Regulations (Reed para. 3-5). ICAO has issued two e-newsletters and one letter to member-states urging states-member to abide WHO recommendations and instructions. The ICAO letter to member states explicitly calls governments to implement the relevant provisions of Appendix 9 to the Convention on International Civil Aviation (Chicago Convention), apply for CAPSCA membership, increase funding for outbreak response and establish a national air traffic facilitation transportation committee. However, simplification of formalities does not mean restriction of the legal rights of passengers which in fact is introduced around the world.
Legal Priorities in Air Transport by Ruwantissa Abeyratne Pdf
Against the backdrop of enormous technological strides, this book argues that the air transport industry must be constantly vigilant in its efforts to employ a legal regime that is applicable to the aeronautical and human aspects of the carriage by air of persons and goods. In this regard, safety and security are of the utmost importance, both in terms of safe air navigation and the preservation of human life. Although the International Civil Aviation Organization (ICAO) addresses legal issues through its Legal Committee, many emerging issues that urgently require attention lie outside the Committee’s purview. This book analyzes in detail the items being considered by ICAO’s Legal Committee, considers the legal nature of ICAO, and discusses whether or not ICAO’s scope should be extended. Since the limited issues currently addressed by ICAO do not reflect the rapidly changing realities of air transport, the book also covers a broad range of key issues outside the parameters set by ICAO, such as: the need to teach air law to a new generation of aviation professionals; combating cyber-crime and cyber-terrorism; the regulation of artificial intelligence; traveller identification; interference with air navigation; human trafficking; unruly passengers; climate change; air carrier liability for passenger death or injury; Remotely Piloted Aircraft Systems (drones); and the cabin crew and their legal implications.
Rulemaking in Air Transport by Ruwantissa Abeyratne Pdf
This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).
Competition and Investment in Air Transport by Ruwantissa Abeyratne Pdf
This book addresses emerging legal and economic issues in competition and investment in air transport, against the backdrop of the role governments and airlines should play in avoiding protectionism and encouraging innovation and creativity. It evaluates current trends in air transport and the direction the industry is taking in the twenty first century. There are discussions on key aspects of air transport, such as safety assurance and environmental protection, as they are impacted by competition. The rapid evolution of aerospace transport and its effect on competition in air transport is also examined. A recurring theme of the book is the influence of creative destruction and disruptive innovation on air transport. This is addressed through an in-depth study of the contentious areas of law relating to the abuse of dominant positions and state aid, as reflected in the ongoing claim by the three largest US carriers against Gulf carriers such as Emirates Airlines, Etihad and Qatar Airways. The US carriers claim that Emirates and Etihad – which operate air services into the United States by virtue of an open-skies agreement between the US and The United Arab Emirates - are using generous subsidies given to them by their g overnments to illegally capture the “legitimate” market belonging to the US carriers. These issues are clarified in the book using analyses of competition law and investment law as they apply to air transport, free-trade-agreement analogies and an open-skies case study.
This title was first published in 2003. The events of 11 September 2001 defy modern economic theory when addressed in aviation terms. Economic theory would suggest that, once the impact of such events are a thing of the past, and economies are restored to their status quo ante, a rise in the gross domestic product of States to earlier levels would almost inevitably result in increased consumption. This in turn would mean that the demand for air travel would rise to earlier proportions and consumption in terms of air transport services would be restored to normalcy. However, the September attacks on United States' property introduced a unique characteristic through the fear factor that directly impacts the future development of air transport. As a result, the grim task of restoration of passenger confidence stands in the way of economic revival of the air transport industry. Aviation was always in crisis. The air transport industry, even prior to 11 September 2001, although seemingly a glamorous, exciting and prosperous business, never enjoyed sustained periods of profitability. Even among the large carriers, a short bout of profitability would inevitably be followed by a period of downturn in real income. It is simply that this fluctuation in fortune is an ineluctable characteristic of air transport, whose fortunes are dictated by rigid regulation, competition and technological change. If a sustained analysis were to be made of air transport, plain economic theory would no longer be the exclusive discipline for consideration. Rather, all relevant factors have to be taken in context and emerging issues should be analyzed as possible threats to the economic well being of the air transport industry. This book addresses issues in a post-September 2001 context but also analyses issues past and present, with the intent of looking at the future. Four major areas are taken into consideration which were in crisis but are truly impacted by the events of September 2001. These areas relate to crises in the commercial, security, insurance and environmental protection fields. Of these the first and fourth areas are inextricably intertwined, as aircraft noise regulations in various States have a direct impact on aircraft financing, which in turn is linked to demand for air services. A drop in demand for air services would essentially mean that the demand for lease or purchase of new aircraft would drop. When this occurs, air transport enterprises would be more inclined to cut costs and therefore concentrate on using the aircraft already at hand, upgrading them to conform to the The purpose of this book is to view the overall picture of an aviation industry - comprising air transport and other aviation related industries - in crisis, through issues that continue to impact the economic viability of air transport, particularly as a result of the events of 11 September 2001.
Azizul Hassan,Nor Aida Abdul Rahman,Nurhayati Mohd Nur
Author : Azizul Hassan,Nor Aida Abdul Rahman,Nurhayati Mohd Nur Publisher : Taylor & Francis Page : 258 pages File Size : 51,5 Mb Release : 2023-06-23 Category : Business & Economics ISBN : 9781000905786
Air Travel Industry by Azizul Hassan,Nor Aida Abdul Rahman,Nurhayati Mohd Nur Pdf
As the air travel industry begins to emerge from the COVID-19 restrictions, new research must be undertaken to survey the changing business landscape. This book examines existing air travel literature, illustrates the current theories in the field, and suggests research methods for integrating them in fieldwork. The book begins by surveying the landscape of air travel research and examining key theoretical frameworks such as grounded theory, institutional theory, prospect theory, and the theory of planned behavior. It then explores when qualitative and quantitative research methods are appropriate for use in air travel research, and how they can be applied successfully. Gathered contributors from Southeast Asia and the Middle East highlight some of the latest issues, including the impacts of COVID-19 on airfreight, airline catering, and passenger perceptions of security and safety. Future directions for research are also proposed. This book will appeal to researchers and postgraduate students in the fields of air transport or aviation management, tourism marketing, and consumer behavior.
Law and Regulation of Air Cargo by Ruwantissa Abeyratne Pdf
This book explores the legal and regulatory aspects of the complex air cargo sector, discussing in detail the general principles of the carriage of air cargo; artificial intelligence and air cargo; facilitation; carriage of hazardous goods; human remains; and animals, as well as cargo security; price fixing and anti competitive conduct in air cargo operations; liability issues; the air cargo supply chain and contract of carriage. It also discusses related achievements of the International Civil Aviation Organization; the International Air Transport Association and Airports Council International. The value of goods carried by airlines represents 7.4% of the global Gross Domestic Product. While cargo carried by air accounts for less than 1% of global cargo carriage, airlines carry 35% of the value of world trade, making this industry highly valuable and efficient, and the most reliable way to transport goods throughout the world. On average, airlines transport 52 million metric tons of goods per annum, worth an equivalent of $6.8 trillion, i.e. $18.6 billion worth of goods daily.
Author : Paul Stephen Dempsey Publisher : Kluwer Law International B.V. Page : 257 pages File Size : 52,7 Mb Release : 2004-01-01 Category : Law ISBN : 9789041122650
Once a byword for the economic power of national government - with competition strictly regulated - European commercial aviation has now virtually become a market without state-imposed anticompetitive restrictions. Although intended to enhance competition, this situation has in fact driven airlines to form massive global alliances cartels that offer ever-shrinking benefits to the consumer. In this extraordinarily thorough, blow-by-blow analysis of how this happened ? or was allowed to happen ? one of the world?s most eminent aviation law authorities explores the subject with a lucid insight fully informed by historical breadth and a keen appreciation of current pressures. Commercial aviation emerges as the crucible par excellence of the convergence of prevailing global ideology, economics, and international law. Among the numerous interrelated topics investigated in depth by Professor Dempsey, the following may be mentioned: the principal actors, including scores of airlines, the European Union, and a number of air transport associations; the labyrinth of bilateral air transport agreements; the relevance of the Treaty of Rome?s competition rules and the EU merger regulations to air transport; the important Court of Justice cases that circumscribed the zone of application in which the competition rules can regulate air transport: French Seamen?s Case, Transport Policy Decision, Olympic Airway, Nouvelles Fronti?res, Ahmed Saeed, and the 2002 `Open Skies? Decision; the 1991 U.S.-EC agreement regarding the application of competition laws; the sequence of EU aviation regulatory `packages?; regulation of non-economic issues (air traffic congestion, noise limitations, air carrier liability, civil aviation accident/incident investigations, denied boarding compensation); the effect of the U.S. government?s increasing invocation of antitrust immunity; computer reservation systems (especially code-sharing procedures); jointly-owned web sites for ticket sales and other e-commerce joint ventures; frequent flyer program alliances; and the emergence of global megacarriers. The author?s presentation emphasizes the regulatory constructs that currently affect the European air transport market: pricing and tariffs, pooling of revenue, market access (licensing, capacity limits, traffic rights, slot allocation), ground handlings, cargo services, state aid, and the power of the EU to act on the commercial aviation world stage for Member States. Each of these areas of analysis begins with an overview of the general regulatory environment for that area followed by a detailed chronological delineation of relevant packages, proposals, resolutions, and regulations. Because of the enormous role played by international air transport with respect to gross national product, employment, and energy consumption, European Aviation Law is of great importance not only to European lawyers but to officials, policymakers, practitioners, and academics in a number of relevant fields worldwide.
Interagency-aviation Industry Collaboration on Planning for Pandemic Outbreaks by Katherine F. Turnbull Pdf
The conference brought together individuals involved in planning and responding to pandemic events from both the public sector (federal agencies and state and local agencies, including public airports) and the private sector (airlines and consultants with expertise in various facets of aviation). The workshop goals were to examine (a) the action items included in the section on Transportation and Borders in the May 2006 National Pandemic Plan that directly or indirectly affect air transportation, (b) the current state of the practice for pandemic planning by airports and airlines, (c) coordination among various agencies and the aviation sector to implement these plans, and (d) potential areas for public private sector cooperation in pandemic planning. To plan the workshop, TRB assembled a committee appointed by the National Research Council to organize and develop the workshop program.
"Air Law and Policy" addresses cutting-edge issues in aviation through the interpretation of provisions of the Convention on International Civil Aviation signed at Chicago on 7 December 1944. Among the issues legally analysed are sovereignty in air space, the distinct status and functions of civil and state aircraft, competition in air transport and current trends in facilitation and security. It also examines the various nuances of language used in the Chicago Convention while addressing key issues that spring up with the application of the convention. The status of the International Civil Aviation Organization, the relevance to the organizationas work of crises such as SARS, avian flu and third-party war risk insurance as well as issues with regard to the liberalization of air transport and E-ticketing are some subjects discussed. There is also a discussion on the proposed open skies dialogue between Europe and the United States and competition in air transport. Finally certain fields of space law as they impact air law and policy, such as space tourism, suborbital flights and the provision of air navigation services through satellite networks are discussed.
Law and Policy of Substantial Ownership and Effective Control of Airlines by Isabelle Lelieur Pdf
The principle of airline substantial ownership and effective control is one of the biggest impediments to the air transport industry growth. Legitimately included in the bilateral agreements since 1946 for national security reasons, States have maintained the principle over the years and used it as a protectionist tool, as well as a bargaining chip. Today, considering that liberalization and globalization concepts are already well-established in the biggest industrial sectors, and a large number of cross-border investments occurs in most of the service sectors through mergers and acquisitions, the time is ripe to remove national restrictions on foreign investments from the airline industry. This comprehensive book identifies those factors that still justify the imposition of national ownership restrictions on airlines and examines the prospects for change in the current policies and regulatory regimes that support them. The readership includes specialists in government departments of transportation, civil aviation authorities and agencies, international organizations, airline executives concerned with general management, economic, legal and public affairs, aviation lawyers, airline pilot associations, law schools concerned with international aviation law.
Author : Brian F. Havel Publisher : Kluwer Law International B.V. Page : 750 pages File Size : 46,6 Mb Release : 2009-01-01 Category : Law ISBN : 9789041123893
'Beyond Open Skies' offers a systematic comparative analysis of the legal and policy dimensions of airline deregulation by federal fiat in the United States and by supranational collaboration in the European Union. The book draws upon a variety of sources, including very recent developments in U.S. and EC international aviation law, policy, and diplomacy, to propose a genuine multilateral air transport system. It examines the potential of the 'open skies' initiative, in the aftermath of the new U.S./EC air transport agreement, to inspire a genuine globalization of the world's air transport industry in such crucial aspects as the following: cabotage; ownership and citizenship requirements; route selection; airline identity; capacity; pricing regimes; competition and public aid; regulatory harmonization; labor laws; provisions for charter and/or cargo transportation; fair operation of and access to computer reservations systems; authorization of code-sharing arrangements; alliances and antitrust immunity; and dispute resolution.
