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Adding a second volume to the peerless country-by-country guide first published in February 2009, this book brings lessors, financiers, and operators valuable assistance in the management of aircraft during default periods and repossession proceedings in an additional 14 jurisdictions, bringing the total jurisdictions covered to 46. The two-volume set is also of great value as a preventive guide on issues arising in aircraft finance or lease transactions, especially in the drafting of associated contracts. Defaults, workouts, and repossessions of aircraft are still on the rise globally, and the situations that can lead to, or arise after, an event of default remain literally endless. This is the best way to be prepared for virtually any contingency. Local aviation law experts from each jurisdiction provide in-depth responses, country by country, to an extremely detailed questionnaire that includes eighty ‘real-life’ questions covering such categories as the following: self-help procedures; court proceedings; arbitration and other non-court proceedings; money claims; bankruptcy; non-consensual liens; rights and security interests in aircraft; deregistration powers of attorney; and export permit issues. Fees, time periods, costs of all kinds, remedies, immunities, required documentation, recognition of foreign judgements, interim measures and other court proceedings – all these and many other crucial considerations are fully explained for each jurisdiction. Loaded with precise, up-to-date information and expert practical guidance, this two-volume set will be of enormous value to aviation lawyers, in-house counsel of aircraft owners and operators, receivers, export credit agencies, banks, lessors, lenders and investors with an interest in the aviation industry
The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource fi ve years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for fi nancing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the fi eld have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: - the regulatory framework governing the operation of air services including the principle of sovereignty in national airspace; - the distinction between State and civil aircraft; - dispute settlement in international civil aviation; - economic regulation of international air transport services including the establishment of air services agreements; - inter-airline cooperation in the context of competition law regimes; - liability of the various service providers, in particular airlines, and related insurance coverage; - the promotion of safety standards; - criminal acts affecting the safety of aviation; - the role of international and regional organisations with particular reference to that of the European Union; - liability of the aircraft manufacturer for equipment; and - fi nancial and security interests in mobile equipment. The many practitioners, offi cials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the fi eld, and newcomers will discover an incomparable resource. This tenth edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.
Aircraft Operating Leasing A Legal and Practical Analysis in the Context of Public and Private International Air Law Third Edition Donal Patrick Hanley Although aircraft leasing is comparatively young as a commercial activity – less than fifty years old in practical terms – already well over half of the world’s commercial aircraft fleet is leased. The legal significance of aircraft leasing is, therefore, growing very quickly. Bringing together the laws affecting both air travel and leasing can, however, be challenging. This book is the first to assume this task in a major focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements as well as to legal academics and students. In this third edition, the author examines the aircraft operating lease from both a legal and practical point of view and contextualizes it in light of the latest public and private international air law agreements, case law, statutes and regulations from a variety of jurisdictions and current literature in the field: – the obligations and rights of each party; – failure to meet delivery conditions before delivery; – standby letters of credit and guarantees; – regulatory constraints concerning aircraft registration or foreign remittances; – manufacturer’s warranties; – possession and replacement of parts and engines; – sub-leasing; – damage to the aircraft and other loss to lessor; – liability for damage to third parties; – safety issues and lessor’s liability for acts of the airline; – the events that will entitle the lessor to terminate the contract and recover its asset; – issues pertaining to enforcement of remedies; and – governing law. The format broadly follows that of a typical aircraft operating lease. The author flags the principal legal issues to be considered in developing a standard form aircraft operating lease and makes recommendations in that regard. His approach balances the desired commercial outcome with the legal, or more theoretical, mandate to apply the law to disputes that may arise. An immensely useful supplement sets out a real example of a form of aircraft operating lease for a used aircraft, as used by a leading commercial aircraft leasing company. As a detailed examination of each part of the lease with particular reference to the impact on each term of relevant case law, statutes, regulations and international treaties, this work greatly enhances understanding of the legal and practical aspects of the aircraft operating lease.
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.
This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention’s rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner’s point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.
This book is the first detailed and comprehensive research of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law. The text covers all four protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria.
Although aircraft leasing is comparatively young as a commercial activity – less than forty years old in practical terms – already well over a quarter of the world’s commercial aircraft fleet is leased. The legal significance of aircraft leasing is, therefore, growing very quickly. Bringing together the laws affecting both air travel and leasing can, however, be challenging. This book is the first to assume this task in a major focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements as well as to legal academics and students. In this second edition, the author examines the aircraft operating lease from both a legal and practical point of view and contextualizes it in light of the latest public and private international air law agreements, case law, statutes, and regulations from a variety of jurisdictions and current literature in the field: – the obligations and rights of each party; – failure to meet delivery condition before delivery; – standby letters of credit and guarantees; – regulatory constraints concerning aircraft registration or foreign remittances; – manufacturer’s warranties; – possession and replacement of parts and engines; – sub-leasing; – damage to the aircraft and other loss to lessor; – liability for damage to third parties; – safety issues and lessor’s liability for acts of the airline; – the events that will entitle the lessor to terminate the contract and recover its asset; – issues pertaining to enforcement of remedies; and – governing law. The format broadly follows that of a typical aircraft operating lease. The author flags the principal legal issues to be considered in developing a standard form aircraft operating lease and makes recommendations in that regard. His approach balances the desired commercial outcome with the legal, or more theoretical, mandate to apply the law to disputes that may arise. An immensely useful supplement sets out a real example of a form of aircraft operating lease for a used aircraft, as used by a leading commercial aircraft leasing company. As a detailed examination of each part of the lease with particular reference to the impact on each term of relevant case law, statutes, regulations, and international treaties, this work greatly enhances understanding of the legal and practical aspects of the aircraft operating lease.
In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) - the contract forms most widely used for international construction undertakings - twenty-two outstanding authorities in construction law from a wide variety of countries, describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. This very useful book will be extremely welcome to in-house counsel who must evaluate the legal disposition of a proposed or pending construction contract subject to the laws of a foreign jurisdiction. It will continue to be of service as long as the project proceeds and beyond, particularly for the optimal resolution of disputes.