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Author: Jiefang Huang
Publisher: Kluwer Law International B.V.
ISBN: 9041131159
Category : Law
Languages : en
Pages : 282
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Book Description
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.
Author: Jiefang Huang
Publisher: Kluwer Law International B.V.
ISBN: 9041131159
Category : Law
Languages : en
Pages : 282
Get Book Here
Book Description
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.
Author: Nilgun Ozgur
Publisher: Taylor & Francis
ISBN: 1000653935
Category : Law
Languages : en
Pages : 134
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Book Description
This book indicates the shortcomings of the current international legal system and customary international norms that govern international aviation law to comply with contemporary air transport market realities. As the air transport market develops globally, the safety regime of civil aviation should also be governed and applied globally. In this book, the author departs from current international legal norms to examine the emerging legal field of global administrative law. Through that lens, the possibility of reconstructing the set of legal mechanisms that govern domestic and international administrative interaction in the global field of aviation safety is explored. This book demonstrates that a legal system is never complete but always develops in tandem with changing needs, i.e. the participation of the affected parties. Exploring the principles of GAL theory contributes to addressing the contemporary legal issues relating to state compliance with international aviation safety standards that would otherwise not be covered by customary international law. In particular, the principles of GAL theory regarding global governance and the ‘public’ character of global regulations, the role of individuals and states in global governance, and state sovereignty are considered valuable contributions to contemporary global aviation safety issues in practice. It is asserted in this book that proper checks and balances in global aviation safety can be improved by making these accessible to individuals by way of national courts. Finally, establishing public awareness of global aviation safety standards will eventually create greater pressure on states to implement and enforce them. This book is in an area increasing academic and research interest of practitioners of public international aviation law, global administrative law, global governance, and global aviation safety, global air transport market regulations.
Author: Benjamyn I. Scott
Publisher: Taylor & Francis
ISBN: 1040111718
Category : Transportation
Languages : en
Pages : 526
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Book Description
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 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 applicable international and, if any, the European legislation. Delivery of these aims is attained through a clear and balanced use of didactic instruments and immediate information. New chapters cover aircraft financing and advanced air mobility, giving this second edition of Fundamentals of International Aviation Law and Policy even greater coverage and depth. 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 constitutes a useful reference material for those who are familiar with legal terminology and aviation specifics.
Author: Francesco Rossi Dal Pozzo
Publisher: Springer
ISBN: 3319080903
Category : Law
Languages : en
Pages : 371
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Book Description
This book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.
Author: Katja L. H. Samuel
Publisher: Cambridge University Press
ISBN: 1108693199
Category : Law
Languages : en
Pages : 1020
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Book Description
The number, intensity, and impact of diverse forms of 'natural' and 'human-made' disasters are increasing. In response, the international community has shifted its primary focus away from disaster response to prevention and improved preparedness. The current globally agreed upon roadmap is the ambitious Sendai Framework for Disaster Risk Reduction 2015–2030, central to which is the better understanding of disaster risk management and mitigation. Sendai also urges innovative implementation, especially multi-sectoral and multi-hazard coherence. Yet the law sector itself remains relatively under-developed, including a paucity of supporting 'DRR law' scholarship and minimal cross-sectoral engagement. Commonly, this is attributable to limited understanding by other sectors about law's dynamic potential as a tool of disaster risk mitigation, despite the availability of many risk-related norms across a broad spectrum of legal regimes. This unique, timely Handbook brings together global and multi-sector perspectives on one of the most pressing policy issues of our time.
Author: Armand L.C. de Mestral
Publisher: Cambridge University Press
ISBN: 1108617697
Category : Law
Languages : en
Pages : 381
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Book Description
In 1944 the Chicago Convention set out the foundations of public international law regulating international air transport, but until 2016 no international agreement existed to limit its environmental impact. Sustainable Development, International Aviation, and Treaty Implementation explains why the CORSIA scheme, adopted by the International Civil Aviation Organization in 2016, should be implemented in 2020 even though the adequacy of this scheme is still open to doubt and criticism. This book seeks to examine the many dimensions of the effort to contain greenhouse gas emissions from aircraft in a manner consonant with the principles of sustainable development, and examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law. International civil aviation is a significant polluter of the atmosphere, and in this volume, a group of air law and sustainable development law specialists considers how the international community can respond.
Author: ZENG Lingliang
Publisher: 社会科学文献出版社
ISBN: 7509789117
Category : Political Science
Languages : en
Pages : 396
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Book Description
本書是中國促進國際法治報告（2015年）的英文版，旨在系統梳理近年來國際法治的新發展，著重闡述中國在國際法治的各個重要領域所表明的理念、堅持的原則和立場，以及採取的具體行動，系統展示了中國對促進國際法治做出的重要貢獻。全書由中國與國家間關係法治、中國與國際經濟關係法治、中國與國際民商事法治、系統闡述中國國際法的教學和傳播四部分組成。
Author: Eric Yong Joong Lee
Publisher: Springer Nature
ISBN: 9811631956
Category : Law
Languages : en
Pages : 663
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Book Description
This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region’s global impact, this book is of interest to Asia watchers, academics and policymakers alike.
Author: Brian F. Havel
Publisher: Cambridge University Press
ISBN: 1139867504
Category : Law
Languages : en
Pages : 463
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Book Description
The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. 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: Pablo Mendes de Leon
Publisher: Martinus Nijhoff Publishers
ISBN: 9004260641
Category : Law
Languages : en
Pages : 337
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Book Description
This volume brings together a fascinating collection of essays on air law, approached from national, European and international perspectives. These perspectives often interact, always interestingly, but not necessarily harmoniously, a theme which forms a Leitmotiv in the writings, reports and pleadings of John Balfour, to whom the volume is dedicated. Written by a diverse group of experts in the field of air law, the collection is divided into three parts: Public Air Law, EU Air Law and Private Air Law.
