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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: 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: Nilgun Ozgur
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
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: Alfhonce Michael
Publisher: GRIN Verlag
ISBN: 3668518513
Category : Technology & Engineering
Languages : en
Pages : 15
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Book Description
Academic Paper from the year 2015 in the subject Engineering - Aerospace Technology, grade: 77.7, Kenyatta University, language: English, abstract: Air transport has grown tremendously over the last centuary. The launch of the Jumbo jet was the game changer in commercial air transport. The industry has expanded greatly since then and today it is a multi-billion industry employing thousands of people and providing transport services to millions yearly. Despite the growth, Air transport has been faced with increasing security and safety concerns. This is evident in the large number of air crashes recorded every year as well as the bombing of commercial airliners.Inorder to ensure safe air travel, numerous organizations and institutions have come on board to develop rules, regulations and standards on safety. Regulatory framework and safety requirements have been built up over the years and are continuously been enhanced to address emerging issues as pertains air security and safety. These organizations include International Civil Aviation Organization (ICAO), European Aviation Safety Authority (EASA), National Transport and Safety Board (NTSB).Civil Aviation Authority (CAA) and Federal Aviation Administration (FAA). Safety is key in Avaition.The industry is built on safety. There are there layers in safety regulation in Aviation. They are International, Regional and National regulatory arrangements. International regulatory requirements are addressed by ICAO.The ICAO is an agency of the United Nations and was established in 1944 through a convention on International Civil Aviation (Lavenex 2008, 938). The organization develops standards that cover all aspects of aviation including safety. Through its Standards and Recommended Practices (SARPS), it provides the foundation of all safety regulations at a global scale. It oversees the development of safety regulatory framework by Member states through Universal Safety Oversight Audit Programme (USOAP). In recent years, ICAO requirements have been extended to require the implementation of a formal safety management by aviation service provider organizations as well as aircraft operators (Mclay 2008). Regional regulatory arrangements is a layer that cedes National Regulatory functions to supra-national agencies.
Author: Steven Truxal
Publisher: Taylor & Francis
ISBN: 1317550684
Category : Law
Languages : en
Pages : 244
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Book Description
The core structure of the regulatory regime for international civil aviation (the ‘Chicago System’) is inter–national. The features of the Chicago System were designed in an era when the world’s airlines were State–owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective ‘legal’ and policy actions taken at national level (United Arab Emirates, Qatar and People’s Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization). The book concludes that economic and environmental regulation of international aviation, designed for an inter–national world of yesterday, evolves into global governance of aviation, which is more suited for today’s global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.
Author: Steven Truxal
Publisher: Routledge
ISBN: 1317550676
Category : Law
Languages : en
Pages : 233
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Book Description
The core structure of the regulatory regime for international civil aviation (the ‘Chicago System’) is inter–national. The features of the Chicago System were designed in an era when the world’s airlines were State–owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective ‘legal’ and policy actions taken at national level (United Arab Emirates, Qatar and People’s Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization). The book concludes that economic and environmental regulation of international aviation, designed for an inter–national world of yesterday, evolves into global governance of aviation, which is more suited for today’s global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.
Author: Ruwantissa Abeyratne
Publisher: Ethics International Press
ISBN: 1804416037
Category : Law
Languages : en
Pages : 413
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Book Description
Human and technical factors play a major role in the safety of aviation. From the competency of the airline pilot to the design and manufacture of aircraft, as well as how the aircraft is operated, there are compelling factors that a State must consider in implementing its safety management system. These elements are well regulated, in Annex 1 (Personnel Licensing); Annex 2 (Rules of the Air); Annex 6 (Operations of Aircraft) and Annex 8 (Airworthiness of Aircraft) to the Convention on International Civil Aviation (Chicago Convention) respectively. The overall philosophy of these Annexes is embodied in the broader principles contained in Annex 19 (Safety Management Systems). This book contains commentaries on the relevant Standards of these Annexes that require legal and policy analysis. It begins with a treaty interpretation of the Chicago Convention and the Annexes as well as their amendment processes and goes on to critically analyze the role of the International Civil Aviation Organization in that context. It then lays out the provisions of the four Annexes and offers legal and policy commentaries on Standards therein which are not self-explanatory, where applicable, relevant, and necessary. A significant feature of the book is its conclusion which asks questions and offers point by point suggestions in response that States could benefit from in ensuring the safety of international civil aviation. There has been no previous book published containing critical analyses and commentaries on Annexes 2, 6, 8, and 19 to the Chicago Convention in one repository of literature. This book will be of interest and use to aeronautical authorities; academics; students of international law and air law; legal practitioners and regulators worldwide.
Author:
Publisher:
ISBN: 9789292581183
Category : Aeronautics
Languages : en
Pages :
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Book Description
Author: Ludwig Weber
Publisher: Kluwer Law International B.V.
ISBN: 9041194967
Category : Law
Languages : en
Pages : 198
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Civil Aviation Organization (ICAO) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Civil Aviation Organization (ICAO) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
Author: International Civil Aviation Organization
Publisher:
ISBN:
Category : Aeronautics
Languages : en
Pages : 80
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Book Description
