The Law and Policy of Air Space and Outer Space

The Law and Policy of Air Space and Outer Space PDF 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.

The Law and Policy of Air Space and Outer Space

The Law and Policy of Air Space and Outer Space PDF Author: Peter P. C. Haanappel
Publisher: Kluwer Law International B.V.
ISBN: 9041121293
Category : Law
Languages : en
Pages : 330

Get Book Here

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.

The Law of Airspace

The Law of Airspace PDF Author: Robert R. Wright
Publisher: MICHIE
ISBN: 9780672800610
Category : Airspace (Law)
Languages : en
Pages : 575

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Book Description
This book is concerned with property rights in airspace, a subject which has increasing importance in the urban setting. This is a book not only on the law which affects the utilization of airspace, but also on the methods and instruments employed in airspace transactions as such. In terms of the law invovled, as revealed in applicable cases and statutes, the historical background and the basis of the legal siutation as it exists today are discussed. A major part of this discussion involes aviation and the problem of the airport and the landowners who surround it. Similarly, the modern-day condominium, as provided for in recent statutory enactments, and its common law analogy, the 'upper chamber', are examined. Consideration is given in one chapter to some of the particular legal problems which may affect airspace utilization in certain jurisdictions. Also, the socio-economic trends and tendencies which affect law generally and the law of airspace in particular are considred at one one point. The discussion and the materials on airspace transactions are found in the latter part of the book. Since the economics of a particular situation are vital in determining whether airspace utilization is feasible, this aspect is also considered in a chapter dealing with the valuation of airspace. How airspace utilization meshes with the goals of city planners is also briefly considered.

Rights in Air Space

Rights in Air Space PDF Author: David H. N. Johnson
Publisher: Manchester University Press
ISBN:
Category : Aeronautics
Languages : en
Pages : 148

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Book Description
A contribution to an understanding of air law in time of war as well as in time of peace.

Sovereignty and Jurisdiction in Airspace and Outer Space

Sovereignty and Jurisdiction in Airspace and Outer Space PDF Author: Gbenga Oduntan
Publisher: Routledge
ISBN: 1136662901
Category : Law
Languages : en
Pages : 398

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Book Description
Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.

Who Owns the Sky? The Struggle to Control Airspace from the Wright Brothers On

Who Owns the Sky? The Struggle to Control Airspace from the Wright Brothers On PDF Author: Stuart Banner
Publisher: Harvard University Press
ISBN: 0674020499
Category : Law
Languages : en
Pages : 360

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Book Description
A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological innovation and the law.

Air Rights, Air Space, and Transferable Development Rights

Air Rights, Air Space, and Transferable Development Rights PDF Author:
Publisher:
ISBN:
Category : Airspace (Law)
Languages : en
Pages : 460

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Book Description


Air and Space Law

Air and Space Law PDF 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.

International Air Law and ICAO

International Air Law and ICAO PDF Author: Michael Milde
Publisher: Essential Air and Space Law (EASL)
ISBN: 9789462366190
Category : Aeronautics
Languages : en
Pages : 0

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Book Description
This is the third edition of the acclaimed International Air Law and ICAO, first published in 2008. The book has been fully updated to take the latest developments into account. Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. There is a practical need for a compact but exhaustive and easily comprehensible textbook or reference book that deals with the most general aspects of international air law, as well as with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). This book fills this gap as it is a general treatise of the law of international civil aviation aimed at the needs of university students and educators, government authorities, airlines, practicing lawyers, journalists, international organizations and the general public. This book is motivated by the author's 25 years of experience (1966-1991) in the Secretariat of ICAO in Montreal - his last eight years as Director of the Legal Bureau. In equal measure the inspiration for the content of this book came from the author's academic work as Director of the Institute of Air and Space Law of McGill University (1989-1998) and his role as Professor of Law at that Institute until 2006 teaching this subject to graduate students from different parts of the world and different legal cultures. (Series: ?Essential Air and Space Law, Vol. 18) [Subject: Air &?Space Law]Ã?Â?

Freedom of Overflight

Freedom of Overflight PDF Author: Merinda E. Stewart
Publisher: Kluwer Law International B.V.
ISBN: 9403538058
Category : Law
Languages : en
Pages : 426

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Book Description
Freedom of overflight is in large part uncontroversial. However, several recent international disputes and subsequent scrutiny of the exercise of coastal State jurisdiction in international airspace have highlighted the problematic legal nature of this freedom – namely, how a State’s ‘creeping jurisdiction’ may encroach upon the rights of other States. This groundbreaking book examines in depth the ambiguous areas at the nexus of air law and the law of the sea with respect to the balance between coastal State jurisdiction and freedom of overflight, thus providing greater legal certainty regarding State actions involving overflight in international airspace. The author identifies and thoroughly examines three highly salient matters impacting overflight in international waters: the right of a State to establish safety zones around maritime constructions and the legitimacy of extending these safety zones to the airspace; what, if anything, under international civil aviation law specifically, prohibits a State from discriminating against the aircraft of another State in international airspace within its flight information region; and whether air defence identification zones can be justified as customary international law. Also considered is the law of the sea concerning transit passage through international straits and archipelagic sea lanes as applied to airspace users. This is the first detailed study of overflight to combine the perspectives of international civil aviation law and the law of the sea. As such, it presents a comprehensive analysis of the legality of attempts by coastal States to exercise jurisdiction in international airspace over aircraft registered in other States, thus taking a giant step towards determining what freedom of overflight entails by establishing its legitimate limitations. It will be welcomed by practitioners, policymakers, and academics concerned with international transportation, national defence, international trade, and other areas of international law.

Air Navigation Law

Air Navigation Law PDF Author: Ruwantissa Abeyratne
Publisher: Springer Science & Business Media
ISBN: 3642258352
Category : Law
Languages : en
Pages : 278

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Book Description
The aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes; efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation.