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Legal Priorities in Air Transport

Legal Priorities in Air Transport
Author: Ruwantissa Abeyratne
Publisher: Springer
Total Pages: 315
Release: 2019-05-27
Genre: Law
ISBN: 3030183912

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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.


International and EU Aviation Law

International and EU Aviation Law
Author: Elmar Maria Giemulla
Publisher: Kluwer Law International B.V.
Total Pages: 818
Release: 2011-01-01
Genre: Law
ISBN: 9041126457

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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.


Air Law and Policy

Air Law and Policy
Author: Ruwantissa Abeyratne
Publisher: America Star Books
Total Pages: 0
Release: 2007-08
Genre: Aeronautics
ISBN: 9781424182930

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"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.


The Principles and Practice of International Aviation Law

The Principles and Practice of International Aviation Law
Author: Brian F. Havel
Publisher: Cambridge University Press
Total Pages: 463
Release: 2014-03-31
Genre: Law
ISBN: 1107020522

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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.


Routledge Handbook of Public Aviation Law

Routledge Handbook of Public Aviation Law
Author: Paul Stephen Dempsey
Publisher: Routledge
Total Pages: 374
Release: 2016-07-15
Genre: Law
ISBN: 1315297760

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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.


Essays in Air Law

Essays in Air Law
Author: Arnold Kean
Publisher: BRILL
Total Pages: 396
Release: 1982-04-30
Genre: Law
ISBN: 9789024725434

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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


Foundations of Aviation Law

Foundations of Aviation Law
Author: Michael W. Pearson
Publisher: Ashgate Publishing, Ltd.
Total Pages: 353
Release: 2015-02-28
Genre: Law
ISBN: 1472445627

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Foundations of Aviation Law is an easy-reading general primer into the often complex world of aviation law, written for aviation students as well as legal professionals who are looking for broad-based, introductory coverage of the subject. The text begins with basic legal concepts that build a foundation for in-depth exploration of aviation-specific subject matter. This allows the instructor to utilize one text in situations where a basic foundation in law is required before moving into aviation law specifics. It includes citations to relevant and key court decisions that provide a solid underpinning for the student of aviation law. The book is divided into six general categories, with fifteen relevant sub-chapters, allowing focused learning into particular areas of law. Throughout it features chapter summaries, key word indices and review questions. The design easily allows instructors to develop syllabi that spotlight the specific area of law that they are interested in exploring, providing comprehensive coverage of both traditional introductory legal concepts and topical aviation subject matter.


Aviation Law: Cases, Laws and Related Sources

Aviation Law: Cases, Laws and Related Sources
Author: Paul B. Larsen
Publisher: Martinus Nijhoff Publishers
Total Pages: 1396
Release: 2012-06-07
Genre: Law
ISBN: 9004168109

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Written in the context of the post-9/11 legal climate, this text introduces all the major areas of aviation, covering such topics as the international air law regime, crimes involving aircraft, international air carriage, litigation management, and governmental immunity from liability.


An Introduction to Air Law

An Introduction to Air Law
Author: Isabella Henrietta Philepina Diederiks-Verschoor
Publisher:
Total Pages: 0
Release: 2012
Genre: Aeronautics
ISBN: 9789041137296

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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.