The Resolution Of Inter State Disputes In Civil Aviation

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The Resolution of Inter-State Disputes in Civil Aviation

Author : Luping Zhang
Publisher : Oxford University Press
Page : 257 pages
File Size : 52,5 Mb
Release : 2022
Category : Law
ISBN : 9780192849274

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The Resolution of Inter-State Disputes in Civil Aviation by Luping Zhang Pdf

"This book investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral air services agreements (ASAs) and the multiplication of multilateral treaties. With the advancement of the aviation technology, this book considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take. The book is divided into five chapters. Chapter I provides an introduction and defines the scope of the research. Chapter II is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. Chapter III analyses how disputes brought to the fora designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in ICAO as well as establishing a new arbitral institution"--

The Resolution of Inter-State Disputes in Civil Aviation

Author : Luping Zhang
Publisher : Oxford University Press
Page : 257 pages
File Size : 46,7 Mb
Release : 2022-01-06
Category : Law
ISBN : 9780192665935

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The Resolution of Inter-State Disputes in Civil Aviation by Luping Zhang Pdf

In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.

Sustainable Development, International Aviation, and Treaty Implementation

Author : Armand L.C. de Mestral,P. Paul Fitzgerald,Md. Tanveer Ahmad
Publisher : Cambridge University Press
Page : 381 pages
File Size : 51,6 Mb
Release : 2018-09-06
Category : Law
ISBN : 9781107153110

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Sustainable Development, International Aviation, and Treaty Implementation by Armand L.C. de Mestral,P. Paul Fitzgerald,Md. Tanveer Ahmad Pdf

The international community has succeeded in developing rules to limit greenhouse gas emissions in the atmosphere from international civil aviation. This book examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law.

Handbook on the Peaceful Settlement of Disputes Between States

Author : United Nations. Codification Division
Publisher : New York : United Nations
Page : 268 pages
File Size : 44,7 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029249789

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Handbook on the Peaceful Settlement of Disputes Between States by United Nations. Codification Division Pdf

Islamic Law and International Law

Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
Page : 329 pages
File Size : 43,6 Mb
Release : 2019
Category : Law
ISBN : 9780190064631

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Islamic Law and International Law by Emilia Justyna Powell Pdf

"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Manual on the Regulation of International Air Transport

Author : International Civil Aviation Organization
Publisher : Unknown
Page : 264 pages
File Size : 44,8 Mb
Release : 2004
Category : Aeronautics
ISBN : UCBK:C096813631

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Manual on the Regulation of International Air Transport by International Civil Aviation Organization Pdf

Annals of Air and Space Law

Author : Nicolas Mateesco Matte
Publisher : Unknown
Page : 616 pages
File Size : 40,7 Mb
Release : 1995
Category : Aeronautics
ISBN : STANFORD:36105060615650

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Annals of Air and Space Law by Nicolas Mateesco Matte Pdf

Public International Air Law

Author : Paul Stephen Dempsey
Publisher : Unknown
Page : 1025 pages
File Size : 46,7 Mb
Release : 2017
Category : Aeronautics, Commercial
ISBN : 0771707312

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Public International Air Law by Paul Stephen Dempsey Pdf

The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies

Author : August Reinisch
Publisher : Oxford University Press
Page : 1089 pages
File Size : 54,8 Mb
Release : 2016
Category : Law
ISBN : 9780198744610

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The Conventions on the Privileges and Immunities of the United Nations and Its Specialized Agencies by August Reinisch Pdf

The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.

World Arbitration & Mediation Report

Author : Anonim
Publisher : Unknown
Page : 376 pages
File Size : 46,5 Mb
Release : 2003
Category : Arbitration and award
ISBN : STANFORD:36105063843879

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World Arbitration & Mediation Report by Anonim Pdf

Aviation Safety Through the Rule of Law

Author : Jiefang Huang
Publisher : Kluwer Law International B.V.
Page : 282 pages
File Size : 42,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131157

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Aviation Safety Through the Rule of Law by Jiefang Huang Pdf

Flight is inherently a risky venture, carried out in a hostile environment at great speed. Realistically and regrettably, a commitment to aviation safety can achieve no more than 'as few accidents as possible'. Moreover, the tragic events of 11 September 2001 have conclusively demonstrated that aviation safety goes beyond accident prevention from a technical point of view and extends to more profound political, strategic and legal dimensions. Accordingly, aviation safety requires a multidisciplinary approach: technical, economic, managerial, and legal. This ground-breaking study analyzes, from a legal point of view, the mandate of the International Civil Aviation Organization (ICAO) relating to aviation safety in the light of changes which have taken place since the conclusion of the Chicago Convention, including the expansion of the international civil aviation community, the liberalization of the aviation industry, the introduction of new technology, and existing as well as new and emerging terrorist threats. The author clearly demonstrates that ICAO, as the worldwide governmental organization for international civil aviation, should be allowed a more proactive role in enhancing aviation safety. Describing in great detail the contributions of ICAO to the global safety regime and mechanisms, he submits effective ways to rationalize ICAO's quasi-legislative and enforcement functions in order to enhance aviation safety through the rule of law. Among the important topics arising in the course of the analysis are the following: global ramifications of national and regional initiatives; auditing of state compliance with international standards; characterization of crimes against the safety of civil aviation; importance of ensuring that safety requirements are not compromised by profit considerations; burgeoning of airline alliances, code-sharing and outsourcing activities; demands for simplification and unification of certain regulatory procedures; prohibition of the use of weapons against civil aircraft in flight; development of new technology, such as satellite-based navigation systems; and importance of the rule of law and the system of checks and balances in international organizations. As a plea to consider civil aviation safety obligations not only as merely contractual obligations between States but as obligations owed to the international community as a whole, this book is sure to give rise to far-reaching discussions and follow-up among policymakers and the interested legal community in the years to come.