European Aviation Law

Author : Paul Stephen Dempsey
Publisher : Kluwer Law International B.V.
Page : 257 pages
File Size : 42,7 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122650

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European Aviation Law by Paul Stephen Dempsey Pdf

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.

Author : Elmar Maria Giemulla,Ludwig Weber
Publisher : Kluwer Law International B.V.
Page : 818 pages
File Size : 54,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041126450

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International and EU Aviation Law by Elmar Maria Giemulla,Ludwig Weber Pdf

This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.

Author : European Air Law Association. Conference
Publisher : Kluwer Law International B.V.
Page : 168 pages
File Size : 41,9 Mb
Release : 2000-01-01
Category : Law
ISBN : 9789041114365

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Tenth Annual Conference in Vienna:European Air Law Association by European Air Law Association. Conference Pdf

1998 had seen further efforts by the European Commission to reduce the number of natural monopolies in the air transport market. The Council of the EU discussed a Directive aimed at regulating airport practices by limiting the level of charges, putting an end to unfair practices and improving transparency for users. At the same time, the Commission set conditions on airline alliances after having carried out investigations into several alliances between EU and US carriers. Another significant issue in 1998 has been the review of conditions of carriage and tickets in consultation with the Commission and with consumer organisations, as well as the proposal for a revision of Regulation No. 895/91 regarding denied boarding compensation. Also in high profile during 1998 has been the proposal for a multilateral treaty between the EU and Eastern European countries regarding the adoption of the air law regime of the EU and EU competition law, which would create a common European aviation area. These various developments have provided the principal topics for discussion at the Association's annual conference for 1998.

Author : Arnold Kean
Publisher : BRILL
Page : 396 pages
File Size : 47,8 Mb
Release : 1982-04-30
Category : Law
ISBN : 9024725437

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Essays in Air Law by Arnold Kean Pdf

European Air Law is a highly useful looseleaf compilation of the European Community legislation & the case law of the European Court of Justice. This comprehensive guide provides all relevant background material & case law in the field of aviation law & also contains: a major introduction into this dynamic field of air law a useful bibliography a practical set-up & indexes for easy reference a foreword by Karl Otto Lenz, Advocate-General at the European Court of Justice. It is a time-saving reference tool because it combines all important European Treaties with case law & other relevant literature. Update frequency: 2-3 supplements a year

Author : Sean Gates
Publisher : Law Business Research Ltd.
Page : 472 pages
File Size : 47,5 Mb
Release : 2017-09-21
Category : Electronic
ISBN : 9781912377664

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Aviation Law Review by Sean Gates Pdf

The Aviation Law Review, edited by Sean Gates of Gates Aviation LLP, is a vital addition for the libraries of those with commercial, legal or academic interest in international aviation law. Topics examined range from Brexit, the European Aviation Safety Agency, lithium batteries to unmanned aerial vehicles and the regulation that can barely keep up with their proliferation. There are in-depth examinations of aviation in law in 34 jurisdictions with contributors including: USA - Garrett J Fitzpatrick/James W Hunt/Mark Irvine, Fitzpatrick & Hunt, Pagano, Aubert LLP; UK - Robert Lawson, Quadrant Chambers; Spain - Diego Garrigues, The Air Law Firm; Belgium - Cyril-Igor Grigorieff/ Mr Dimitri de Bournonville, Kennedy's

Author : Niels Van Antwerpen
Publisher : Kluwer Law International B.V.
Page : 308 pages
File Size : 40,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126887

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Cross-border Provision of Air Navigation Services with Specific Reference to Europe by Niels Van Antwerpen Pdf

The tremendous flow of air traffic traversing the airspace of the European Union demands extraordinary vigilance on the part of air navigation service providers. Although the first requirement of air navigation services is obviously the enhancement of safety, providers must also attend to the efficiency and optimisation of airspace capacity and the minimisation of air traffic delays. As technological and operational improvements proceed in these areas, jurisdictional issues of responsibility and liability--particularly in cases of mid-air collisions--become ever sharper and more in need of precise definition. This detailed and insightful exposition focuses on these issues from three overlapping perspectives: the international and European legal framework dealing with air navigation services, the question of state responsibility, and the question of liability for damage inflicted by air navigation service providers. The author's in-depth analysis includes examination of many elements, among them the following: * the interrelated roles of the International Civil Aviation Organization (ICAO), the European Civil Aviation Conference (ECAC), the European Organisation for the Safety of Air Navigation (EUROCONTROL), the European Community's European Aviation Safety Agency (EASA), and other international bodies; * the Single European Sky initiative, its establishment of Functional Airspace Blocks (FUAs), and its ongoing research program (SESAR); * establishment of transparent lines of state responsibility in the context of cross-border provision of air navigation services; and prospects for the imposition of a transparent liability regime on corporatized air navigation service providers. In conclusion, the author enumerates the essential elements required for cross-border provision of air navigation services and offers well-thought-out final recommendations and conclusions on the most preferable way to pursue such cross-border provision within and outside the European Community. A model agreement for the delegation of air navigation service provision appears as an appendix. All professionals concerned with air navigation, in Europe and elsewhere, will appreciate the depth of knowledge and commitment apparent in this book. The deeply informed insights manifest in its pages will be of enormous value to aviation agency officials and air law practitioners everywhere.

Author : Pablo Mendes de Leon
Publisher : Kluwer Law International B.V.
Page : 573 pages
File Size : 44,5 Mb
Release : 2022-08-11
Category : Law
ISBN : 9789403547336

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Introduction to Air Law by Pablo Mendes de Leon Pdf

The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace; the distinction between State and civil aircraft; dispute settlement in international civil aviation; economic regulation of international air transport services, including the establishment of air services agreements; inter-airline cooperation in the context of competition law regimes; liability of the various service providers, in particular airlines, and related insurance coverage; the promotion of safety standards; criminal acts affecting the safety of aviation; the role of international and regional organisations with particular reference to that of the European Union; liability of the aircraft manufacturer for equipment; and financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.

Author : Michal Bobek,Jeremias Prassl
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2015
Category : Flight delays
ISBN : 1782257969

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Air Passenger Rights by Michal Bobek,Jeremias Prassl Pdf

Author : Daniel Calleja Crespo,Pablo Mendes de Leon
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 54,8 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9789041137302

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Achieving the Single European Sky by Daniel Calleja Crespo,Pablo Mendes de Leon Pdf

This book, the first to cover the SES in depth, presents unparalleled insight into a versatile and complex undertaking which will determine the future of air traffic management in Europe. Its chapters analyse the progress as well as the shortcomings and setbacks encountered in the implementation of the SES policy objectives. With forward-looking contributions from over forty well-known experts working in virtually every arena of aviation, from airports and airlines to regulatory agencies and air law practice and scholarship, the book thoroughly explains what has been achieved so far, not only in theory but in fact.

Author : Stamatis Varsamos
Publisher : Kluwer Law International B.V.
Page : 282 pages
File Size : 50,7 Mb
Release : 2016-10-15
Category : Law
ISBN : 9789041168375

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Airport Competition Regulation in Europe by Stamatis Varsamos Pdf

Over the past thirty years, airports within the EU – including nearly a hundred newly built or rebuilt during that time – have undergone a major economic transformation. From mere infrastructure providers, airports have become diversified and complex commercial enterprises in competition with each other. This is the first and only book thus far to deal with the legal issues surrounding this important development, focusing on the impact of EU Directive 12/2009 on airport charges. Examining the use of airport infrastructure, the growing competition among airports, and the relations between airlines and airports, the author, a leading aviation law practitioner, covers such issues and topics as the following: - types of charges – landing, passenger, aircraft parking; - pricing factors determining airport charges; - vertical contractual relations between airports and airlines; - airport market power and dominance; - issues of consultation and transparency; - ability of airlines and passengers to switch to alternative airports; - application of state aid rules; - security charges; - environmental charges and schemes; and - price discrimination and differentiation. The presentation encompasses a critical analysis of the findings of case law, both international and European, on airport charges in the context of the new trend of airports and airlines concluding vertical agreements. As an examination of the economic regulation of EU airports due to the liberalization process, structural changes in the ownership status of many EU airports, and the emergence of new airline business models (such as low-cost carriers), this book, the only one of its kind, will quickly become indispensable to practitioners, policymakers, and academics in aviation law.

Author : Benjamyn I. Scott
Publisher : Kluwer Law International B.V.
Page : 495 pages
File Size : 41,5 Mb
Release : 2022-07-12
Category : Law
ISBN : 9789403545837

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The Law of Unmanned Aircraft Systems by Benjamyn I. Scott Pdf

Aerospace Law and Policy Series, Volume 11 In recent years, few industries have grown so prodigiously as that of unmanned aircraft systems (UAS) and, as a result, developments in national, regional, and international law and policy are being initiated and implemented. This new edition of the definitive survey and guide, first published in 2016, reflects the expansion of this sector and the importance placed on it by a diverse range of stakeholders, as well as the enlarged regulatory and policy landscape. In addition to updating many of the original chapters, the second edition covers new topics and moves away from a purely introductory book to a more detailed and critical compendium. Authorship has also been extended beyond the original scope of contributors, which originally centred around those affiliated with Leiden University’s Institute of Air and Space Law, and now includes additional experts from all around the world, each of whom explores both already existing rules and proposals coming from national, regional and international levels. As well as broadened discussions on such fundamental legal issues as insurance, financing, liability, accidents investigation, privacy, cyber security, stakeholder organisations and industry standards, the second edition takes into account major recent developments in such areas as the following: applicability and relevance of international regulatory instruments; coming into force of the European Union UAS-related laws; evolution of different States’ national law; public safety (e.g., design, production, operation and maintenance); development of unmanned traffic management systems; commercial operations, including urban air mobility (e.g., flying taxis, cargo delivery, high-altitude activities); and developments in defence and security (e.g., dual-use, counter-UAS industry to combat illegal use). As in the first edition, a representative cross section of national laws is included, covering twenty-one different jurisdictions. This fully updated edition not only synthesises and clarifies the complex body of international, regional and national UAS-related law, but also provides expert insight into trends and areas of concern for numerous stakeholders. Without a doubt, it will be of immeasurable value to lawyers, relevant governmental and non-governmental agencies, aviation law scholars, and strategic planners in the wider aviation and transport industries.

Author : Paul Stephen Dempsey,Ram S Jakhu
Publisher : Routledge
Page : 441 pages
File Size : 53,7 Mb
Release : 2016-07-15
Category : Law
ISBN : 9781315297750

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Routledge Handbook of Public Aviation Law by Paul Stephen Dempsey,Ram S Jakhu Pdf

The Routledge Handbook of Public Aviation Law is the first book to incorporate a comprehensive analysis of Public Aviation Law – principally international, but also domestic law in a comparative context – in a single volume. International Law is pervasive in Aviation Law, and is incorporated into a number of major multilateral treaties (e.g., the Chicago Convention of 1944, for Public International Air Law). This is supplemented by various Annexes (promulgated by the International Civil Aviation Organization) and Conventions and Protocols (promulgated by States in diplomatic conferences). States then implement these international obligations in domestic laws that create aviation regulatory administrations that, in turn, promulgate regulations. Bringing together leading scholars in the field, this prestigious reference work provides a comprehensive and comparative overview of Public Aviation Law. It surveys the state of the discipline including contemporary and emerging areas of law, regulation, and public policy in air transportation. Each chapter begins with an overview of the international law applicable to the subject matter, followed, where appropriate, by a comparative examination of domestic statutes, regulations, and jurisprudence. The objective of the book is to identify and summarize existing areas within the context of international research, and to identify and highlight emerging areas. Both practical and theoretical in scope, the Routledge Handbook of Public Aviation Law will be of great relevance to scholars, researchers, lawyers, and policy makers with an interest in aviation law.

Author : Sascha Hissler
Publisher : GRIN Verlag
Page : 41 pages
File Size : 42,7 Mb
Release : 2009-11
Category : Electronic
ISBN : 9783640469024

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The Future Regulation of Aviation in Europe by Easa by Sascha Hissler Pdf

Seminar paper from the year 2009 in the subject Business economics - Business Management, Corporate Governance, grade: 1,3, University of Applied Sciences Wildau (Wildau Instiute of Technology (WIT)), course: Master Studies of Aviation Management, language: English, abstract: This paper covers the future European Aviation Law with a special focus on the European Aviation Safety Agency (EASA) and their upcoming amendments regarding Apron Management Services in Europe. EASA will expand its competence on Airports and Air Navigation Service Providers (ANSP). International Airports like Frankfurt (FRA) and Munich (MUC) are executing Apron Management Service. Considering the upcoming amendment of the European Regulation No (EC) 216/2008, this paper answers the following questions: - Can this service be considered as an ANSP-function? - Would then the airport operator has to apply for an ANSP-licence under the future EASA rules? - What will be the consequence for the airport management (qualification, training and licensing of staff)? - Should there be an outsourcing? With which consequence? - Should this service be "handed back" to DFS as ANSP? - What will be the consequence for the airport and the customers (e.g. charges)? Table of Contents: 1 Glossary 2 Background 3 Tower: Aerodrome Control Service 4 Apron Management Service 5 EASA rules and reglementation 6 Position of the European Parliament 7 Consequences for the airport management 8 Consequences for the customer 9 Summary 10 Sources

Author : Franky De Coninck
Publisher : ITA
Page : 364 pages
File Size : 52,9 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105017031548

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European Air Law by Franky De Coninck Pdf

The first complete guide to the complex rules and regulations as well as the political background of the European Economic Community's internal aviation market as established in 1992 by the EC's Council of Ministers. Contents include: The Legal Order of the EEC: The Specific Nature of Community Law; Air Transport in the Treaty Establishing the EEC; Historical Survey of Aeropolitical Developments in Europe; Future Legislation; The Community's External Air Transport Policy; all principal European legal texts.

Author : Jan Walulik
Publisher : Routledge
Page : 181 pages
File Size : 41,6 Mb
Release : 2018-12-07
Category : Law
ISBN : 9780429490460

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Brexit and Aviation Law by Jan Walulik Pdf

Focusing on the consequences of Brexit for aviation law, this book presents the key legal issues for aviation business and administration, as well as all major stakeholders that could potentially be affected by Brexit. This will include airlines, airports, aerospace manufacturers, regulatory and judicial institutions, passengers and employees. The book will indicate groups of legal acts disturbed by Brexit and those few that will remain untouched, and develop on this basis a digest of regulatory and institutional problems that will arise in various areas of the discussed sector. Finally, the short title will deliberate on the directions of possible actions which may be undertaken to avoid post-Brexit legal incoherence. This review should give essential guidance to the industry and the authorities on both sides of the English Channel as to what to expect and how to prepare for the forthcoming legal earthquake.