Legal Priorities In Air Transport

Author : Ruwantissa Abeyratne
Publisher : Springer
Page : 315 pages
File Size : 49,9 Mb
Release : 2019-05-27
Category : Law
ISBN : 9783030183912

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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.

Author : Ruwantissa Abeyratne
Publisher : Springer Science & Business Media
Page : 278 pages
File Size : 42,9 Mb
Release : 2012-03-05
Category : Law
ISBN : 9783642258350

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Air Navigation Law by Ruwantissa Abeyratne Pdf

The aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes; efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation.

Author : Bin Cheng
Publisher : Unknown
Page : 790 pages
File Size : 51,7 Mb
Release : 1962
Category : Aeronautics
ISBN : UCAL:$B593846

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The Law of International Air Transport by Bin Cheng Pdf

Author : Ruwantissa Abeyratne
Publisher : Springer
Page : 266 pages
File Size : 48,5 Mb
Release : 2018-07-23
Category : Law
ISBN : 9783319924892

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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 : Elmar Maria Giemulla,Ludwig Weber
Publisher : Kluwer Law International B.V.
Page : 818 pages
File Size : 48,7 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 : Benjamyn I. Scott,Andrea Trimarchi
Publisher : Routledge
Page : 321 pages
File Size : 52,8 Mb
Release : 2019-09-17
Category : Transportation
ISBN : 9780429959806

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Fundamentals of International Aviation Law and Policy by Benjamyn I. Scott,Andrea Trimarchi Pdf

Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book dynamically covers the major areas of international aviation law, and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the international and, if any, the European applicable legislation. Delivery of these aims is attained through a dynamic and balanced use of didactic instruments and immediate information. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also aims to constitute a useful reference material for those who are familiar with legal terminology and aviation specifics.

Author : Ruwantissa Abeyratne
Publisher : Springer
Page : 239 pages
File Size : 50,5 Mb
Release : 2015-12-17
Category : Law
ISBN : 9783319243726

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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.

Author : Paul Stephen Dempsey,Ram S Jakhu
Publisher : Routledge
Page : 374 pages
File Size : 40,8 Mb
Release : 2016-07-15
Category : Law
ISBN : 9781315297767

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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 : Isabella Henrietta Philepina Diederiks-Verschoor,Pablo Mendes de Leon
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2012
Category : Aeronautics
ISBN : 9041137297

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An Introduction to Air Law by Isabella Henrietta Philepina Diederiks-Verschoor,Pablo Mendes de Leon Pdf

The prodigious scope of legal expertise demanded by practice in the field of international aviation law has been met by this preeminent resource for decades. Now in its ninth edition, and as always brought fully up to date with the newest developments, it is ready to be of unmatched service to any practicing member of the air law community anywhere in the world. Coverage includes such aspects as the following: sovereignty in airspace; market access and open skies agreements; inter-airline cooperation; the EU regime affecting air transport; air carrier liability; insurance and product liability; safety regulation, including, ICAO Standards and Recommended Practices (SARPs); international and regional organizations; rights in aircraft; and aviation security. In particular, the new edition incorporates material on such pressing current issues as liberalization of air services in all parts of the world, environmental protection, with references to measures regarding aircraft emissions, and criminal acts affecting the safety of aviation. The authors detail revisions to the EU-US Agreement on Air Transport and the EU regulatory regime, and describe recent conventions such as the 2009 ICAO Convention on third party liability and the Beijing Convention and Protocol of 2010. The presentation throughout brings the book's coverage of jurisprudence on air carrier liability up to date, with new cases from the US, the UK, and other jurisdictions, including decisions of the EU Court of Justice. The book's extensive references to scholarship in the field have been expanded and updated. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition of one of the fundamental works in the field, and newcomers will discover an incomparable resource as it will help them to understand the multifaceted and complex regimes affecting the operation of aircraft and aviation services globally.

Author : Ruwantissa Abeyratne
Publisher : Springer Science & Business Media
Page : 436 pages
File Size : 46,5 Mb
Release : 2012-01-03
Category : Law
ISBN : 9783642219603

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Strategic Issues in Air Transport by Ruwantissa Abeyratne Pdf

There are broadly four strategic issues in aviation: safety; security; environmental protection; and sustainability in air transport. These issues will remain for a long time as key considerations in the safe, regular, efficient and economic development of air transport. Within these four broad categories come numerous subjects that require attention of the aviation industry as well as the States. In six chapters, this book engages in detailed discussions on these subjects as they unravelled in events of recent years. The issue of safety is addressed first, following an introduction of the regulatory regime covering the four issues. Within the area of safety, the book covers such areas as safety management systems, safety and aeromedicine, safety and meteorology, the use of airspace, unmanned aircraft systems and safety oversight audits. In the security area, subjects covered include cyber terrorism, the integrity of travel documents, full body scanners, civil unrest and aviation, the suppression of unlawful acts on board aircraft and the financing of terrorism. The chapter on the environment focuses mainly on climate change - particularly on carbon credits, market based measures, the carbon market and emissions trading schemes and their effect on air transport. Finally, the chapter on sustainability discusses in detail market access along with such issues as slot allocation, open skies, the use of alternative fuels as an economic measure and corporate foresight. The concluding chapter wraps up with a discussion on where air transport is headed.

Author : Paul Stephen Dempsey
Publisher : Kluwer Law International B.V.
Page : 257 pages
File Size : 54,5 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 : Brian F. Havel,Gabriel S. Sanchez
Publisher : Cambridge University Press
Page : 463 pages
File Size : 46,7 Mb
Release : 2014-03-31
Category : Law
ISBN : 9781107020528

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The Principles and Practice of International Aviation Law by Brian F. Havel,Gabriel S. Sanchez Pdf

This book provides an introduction to, and demystification of, the private and public dimensions of international aviation law. The air transport industry is not governed by a discrete area of the law but rather by a series of disparate transnational regulatory instruments. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.

Author : Ruwantissa Indranath Ramya Abeyratne
Publisher : Martinus Nijhoff Publishers
Page : 512 pages
File Size : 47,9 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004636132

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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.

Author : Sean Gates
Publisher : Law Business Research Ltd.
Page : 472 pages
File Size : 54,6 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 : Arnold Kean
Publisher : BRILL
Page : 396 pages
File Size : 47,9 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