Legal And Regulatory Issues In International Aviation
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Legal and Regulatory Issues in International Aviation by Ruwantissa Indranath Ramya Abeyratne Pdf
Air law has recently grown in significance. Drawing on international and national instruments and a wealth of case law from many jurisdictions, including the International Court of Justice, this book covers the role of international law in such matters as legal consequences arising from the use of automation in civil aviation, the carriage of the elderly and disabled by air, unlawful interference with civil aviation, protection of the environment, and the legal management of aviation security. Published under the Transnational Publishers imprint.
Legal and Regulatory Issues in International Aviation by Ruwantissa Indranath Ramya Abeyratne Pdf
Air law has recently grown in significance. Drawing on international and national instruments and a wealth of case law from many jurisdictions, including the International Court of Justice, this book covers the role of international law in such matters as legal consequences arising from the use of automation in civil aviation, the carriage of the elderly and disabled by air, unlawful interference with civil aviation, protection of the environment, and the legal management of aviation security. Published under the Transnational Publishers imprint.
Author : Elmar Maria Giemulla,Ludwig Weber Publisher : Kluwer Law International B.V. Page : 818 pages File Size : 55,6 Mb Release : 2011-01-01 Category : Law ISBN : 9789041126450
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.
Aviation Law: Cases, Laws and Related Sources by Paul B. Larsen,Joseph Sweeney,John Gillick Pdf
The flying public, airlines, and governments will all agree on one date that changed commercial flying: that was September 11, 2001. The first edition of Aviation Law: Cases, Laws and Related Sources, described early consequences of that event, particularly compensation of victims and early tightening of aviation security. Subsequently laws and regulations affecting all aspects of aviation changed so rapidly that it became difficult to set a cut-off date for the second edition. The rapid flow of events made an update urgent. Several gaps in the materials of the first edition became evident as the book was used. The authors filled those gaps, pruned old materials and added much new material describing not only the later developments, but also evolving economics and flight technology. The objective of the case book is to offer a basic handbook for air law practitioners providing them with a starting point for almost any subject they may encounter. For example, a lawyer specializing in liability law will quickly be able to find basic materials on the International Civil Aviation Organization (ICAO), air carrier licensing, FAA certification, and labor law. The book continues to present aviation law from the American point of view. Thus the book will be valuable for foreign air lawyers who are guiding foreign airlines in service to the very important North American pool of air traffic. The book also explains the international scene to American air lawyers so that they may guide their clients who provide foreign service. New chapters on liability for cargo damage and for ground damages have been added and new materials on the legal rights of lessors, successors, actual carriers and code-shares. A chapter on environmental regulation of aviation noise and emissions is also new. All the main subjects listed in the first edition are significantly updated. The three authors are veteran transportation lawyers and continue their activities in this field.
Author : Brian F. Havel Publisher : Kluwer Law International B.V. Page : 750 pages File Size : 40,7 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.
Aviation Security by Ruwantissa I.R. Abeyratne Pdf
Published in 1998. The various conventions which apply to the subject of unlawful interface with civil aviation have proved effective only to the extent of nurturing existing values of international law as they are restrictively perceived through the parameters of air law. This book examines the offence of unlawful interference with international civil aviation and analyses critically the legal and regulatory regime that applies thereto, with a view to recommending measures that are calculated to infuse a new approach to the problem. Emphasis is laid throughout the work on action which may be taken to alleviate the problem of unlawful interference. Its conclusion incorporates various steps that can be taken towards achieving this objective. The author focuses on the core of the problem which has effectively precluded significant progress into inroads that would curb the threat terrorism in aviation: the attitude of the international community. The book therefore examines in limine the fundamental role of international law in the light of the United Nationals Congress of International Public Law of March 1995, and its effect on international criminal law. It then determines the applicable principles of State sovereignty and examines the principles of State responsibility. Its main purpose is to recommend the establishment of a new philosophy of international criminal law which transcends municipal boundaries. Academic, scholarly and judicial precedent for this book is the adduced in support of this argument. The book also examines the role of International Civil Aviation Organization (ICAO) as the regulatory body responsible for civil aviation, in the context of new approaches made by the international community towards the status of ICAO in aviation security. The practical value of this work essentially lies in the legal recommendations it makes at its conclusion, which are based on existing principles of international law. It will thus be invaluable not only to international and aviation lawyers, criminal lawyers (both international and national), security professionals and teachers and students of international law, but also to aviation industry executives and regulatory agency specialists whose responsibilities impinge on or are determined by existing and evolving legal and security measures.
International Aviation Law by Ron Bartsch,Ronald I.C. Bartsch Pdf
International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law from criminal law to contract law to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for aviation practitioners and enthusiasts.
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
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 : Luis Fernando Fiallos Pazmiño Publisher : Kluwer Law International B.V. Page : 273 pages File Size : 55,8 Mb Release : 2020-12-10 Category : Law ISBN : 9789403528625
The International Civil Operations of Unmanned Aircraft Systems under Air Law by Luis Fernando Fiallos Pazmiño Pdf
Aviation Law and Policy Series # 19 The incursion of unmanned aircraft systems (UAS) is radically reshaping the future of international civil aviation. As the civil uses of UAS increase and the technology matures in parallel, questions around the associated legal implications remain unanswered, even in such fundamental legal regimes of international civil aviation as airspace, aircraft, international air navigation, international air transport, and safety. This book – the first to consider international law and regulations to cross-border civil flights of UAS – explores current legal and regulatory frameworks from the perspective of how they may facilitate the operations of UAS. The author, a well-known air law practitioner and diplomat, identifies the legal challenges and proposes sound, well-informed measures to tackle those challenges. The book explores comprehensively the means of incorporating UAS within the arena of air law while stimulating further research and debate on the topic. Analysis of the cross-border operations of UAS focuses on aspects relevant to their immediate future, and address such questions as the following: What processes are currently in place? What factors require attention? What aspects particularly influence the future of UAS? Is the current international legal framework adequate to ensure the operation and development of UAS while preserving high levels of safety? How will artificial intelligence impact the civil operations of UAS? The author’s analyses draw on relevant initiatives in existing and proposed Standards and Recommended Practices for the operation of UAS on cross-border flights, as well as States’ regulation of UAS within their national airspace. Also described are the main bilateral and multilateral air services and transport agreements with respect to their application to the operation of UAS. Given the escalating need to adopt a comprehensive international regulatory framework for the operation of UAS aimed at facilitating its safe and efficient integration – even as the technology advances and continues to outpace law while the potential for incidents involving UAS grows – this book is well timed to meet the challenge for States and International Civil Aviation Organization and airspace planners. Its innovative approaches to the management of the air traffic safety and security of UAS are sure to influence the development of regulations for civil UAS. The book will be welcomed by aviation regulators, interested international and regional organisations, research organisations, aviation lawyers, and academics in international law and air law.
Law and Regulation of Aerodromes by Dr. Ruwantissa Abeyratne Pdf
This book encapsulates in detail the principles pertaining to legal and regulatory aspects of aerodromes. As the title denotes, it discusses the various aspects of the structure and functioning of an aerodrome and the complexities involved. It focuses on the law and regulation of aerodrome certification and planning, aerodrome services, financial and economic planning, security, management and governance. The airport industry is one of the fastest growing within the aviation industry, requiring innovation and creativity in management. This in turn has called for an increased focus on advanced management programmes for airport managers and lawyers. The Airport Management Professional Accreditation Programme (AMPAP) offered worldwide by the International Civil Aviation Organization and Airports Council International, and the Angkasa Pura II Airport Management Excellence Programme of Indonesia are two such initiatives which give airport professionals a sound grounding on the principles and techniques of management and law.
Aviation Law and Regulation by Lucy Budd,Stephen Ison Pdf
The development of civil aviation in the early 20th century presented a range of new legal and regulatory challenges concerning the rights of an aircraft from one state to enter the aerial territory of another. International flights threatened the territorial integrity of nation states and prompted politicians to draw up new aerial legislation and regulations to govern this new form of aerial movement. Whereas some states advocated free and open access to airspace and unrestricted aerial movement, other nations pursued a more protectionist stance based on regulation and reciprocal access arrangements. Technological developments in aircraft design and performance, combined with changing global political relations and the introduction of new forms of economic regulation have all fundamentally affected the development of air transport. This Volume explores carefully selected aspects of aviation law and regulation and examines the implications of changing regulatory intervention on the form and function of civil aviation worldwide.
International Air Law and ICAO by Michael Milde Pdf
"This book offers a compact - yet exhaustive - and easily comprehensible reference book that deals with the most general aspects of international air law, as well as with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. This book cannot fail to be of importance to anyone interested in international air law."--Jacket.
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.
