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Author: Elmar Maria Giemulla
Publisher: Kluwer Law International B.V.
ISBN: 9041126457
Category : Law
Languages : en
Pages : 818
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Book Description
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: Elmar Maria Giemulla
Publisher: Kluwer Law International B.V.
ISBN: 9041126457
Category : Law
Languages : en
Pages : 818
Get Book
Book Description
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: Peter P. C. Haanappel
Publisher: Kluwer Law International B.V.
ISBN: 9041121293
Category : Law
Languages : en
Pages : 330
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Book Description
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.
Author: Paul Stephen Dempsey
Publisher: Kluwer Law International B.V.
ISBN: 9041122656
Category : Law
Languages : en
Pages : 257
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Book Description
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: Arnold Kean
Publisher: BRILL
ISBN: 9789024725434
Category : Law
Languages : en
Pages : 396
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Book Description
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
Author: Ruwantissa Abeyratne
Publisher: America Star Books
ISBN: 9781424182930
Category : Aeronautics
Languages : en
Pages : 0
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Book Description
"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.
Author: European Air Law Association. Conference
Publisher:
ISBN: 9789601514543
Category : Aeronautics and state
Languages : en
Pages : 276
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Book Description
Author: Magnus Schmauch
Publisher: Lexxion Verlagsgesellschaft
ISBN: 3869652101
Category : Business & Economics
Languages : en
Pages : 378
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Book Description
State intervention in air transport is omnipresent. Airlines, in particular, are major beneficiaries of State aid. This book provides a comprehensive analysis of the law regulating State aids to airlines, which includes sections on Articles 107 TFEU and 108 TFEU as well as an overview of legal issues raised by air transport and competition in the EU, in particular deregulation and its consequences. EU Law on State Aid to Airlines follows a multi-disciplinary approach by relying on the fundamental concepts of economics and policy analysis. This approach allows grasping the wider implications of this sector's issues for the field of State Aid, in particular in the light of the 'more economic approach' and the 'balancing test'. Furthermore, additional perspective is given on State aid law in the air transport sector through comparative analyses of regulations in the United States and Switzerland and outlooks on international relations. Finally, the book presents a number of recent Commission decisions with a dramatic importance for the air transport, with the opening of formal investigation procedures regarding alleged State aid to low-cost airlines operating from regional airports all over Europe. Magnus Schmauch is Legal Secretary at the EFTA Court in the Chambers of judge Pall Hreinsson. Previous experience includes four years as a lawyer at the Court of Justice of the European Union. He has published a large number of articles on State aid and other fields of EU law and teaches on EU law and fundamental rights at the University of Lund, Sweden.
Author: Franky De Coninck
Publisher: ITA
ISBN:
Category : Law
Languages : en
Pages : 364
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Book Description
The first complete guide to the complex rules and regulations as well as the political background of the European Economic Community's internal aviation market as established in 1992 by the EC's Council of Ministers. Contents include: The Legal Order of the EEC: The Specific Nature of Community Law; Air Transport in the Treaty Establishing the EEC; Historical Survey of Aeropolitical Developments in Europe; Future Legislation; The Community's External Air Transport Policy; all principal European legal texts.
Author: European Air Law Association. Conference
Publisher: Kluwer Law International
ISBN: 9789041122476
Category : Aeronautics and state
Languages : en
Pages : 0
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Book Description
At the end of 2002 the third package has been in force for ten years. It was therefore a good moment to review the record in terms of compliance and problems which have been encountered. Competition Law continues to play an important role in the airline sector and topical issues include frequent flyer programmes, the response by traditional airlines to law-cost airlines and arrangements between low-cost airlines and airports. For the last few years state aid to airlines had been a dormant issues, but it is now back in earnest ¿ in connection with the very different responses of the EU and the US to the events of 11 September , the similar but different fates of Sabena and Swissair and the opening of a Commission investigation into Olympic Airways. Passenger rights remains a subject high on the commission¿s agenda, and its proposal for a regulation on compensation for denied boarding and flight delays and cancellation is exciting strong opposition from airlines. All these subjects were covered in the Association¿s annual conference for 2002 in Stockholm, and in some cases from a particular Scandinavian point of view. General developments in the Nordic and the Baltic regions have also been discussed, particularly in view of the expected imminent special aviation arrangements between the Baltic states and the EU.
Author: Henri Abraham Wassenbergh
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792316268
Category : Law
Languages : en
Pages : 348
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Book Description
The aim of this unique volume is twofold. First and foremost, it sets out to offer the reader a comprehensive and challenging view, from some of the most distinguished scholars in the field, of present and future trends and issues in the fields of international air and space law. By breaking new ground in this way, it pays tribute to the scholarly achievements of Henri (Or) Wassenbergh, whose ideas and work have helped to shape both air and space law throughout his long and distinguished career. "Air and Space Law: De Lege Ferenda" will be of interest to all those concerned with the present status of air and space law, and with the challenges the aviation and space industry must face in the century to come.
