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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.
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.
International aviation is a massive and complex industry that is crucial to our global economy and way of life. Designed for the next generation of aviation professionals, Fundamentals of International Aviation, second edition, flips the traditional approach to aviation education. Instead of focusing on one career in one country, it introduces readers to the air transport sector on a global scale with a broad view of all the interconnected professional groups. This text provides a foundation of ‘how aviation works’ in preparation for any career in the field (including regulators, maintenance engineers, pilots, flight attendants, airline and airport managers, dispatchers, and air traffic controllers, among many others). Each chapter introduces a different cross-section of the industry, from air law to operations, security to environmental impacts. A variety of learning tools are built into each chapter, including 24 case studies that describe an aviation accident related to each topic. This second edition adds new learning features, geographic representation from Africa, a new chapter on economics, full-color illustrations, and updated and enhanced online resources. This accessible and engaging textbook provides a foundation of industry awareness that will support a range of aviation careers. It also offers current air transport professionals an enriched understanding of the practices and challenges that make up the rich fabric of international aviation.
There are broadly four strategic issues in aviation: safety; security; environmental protection; and sustainability in air transport. These issues will remain for a long time as key considerations in the safe, regular, efficient and economic development of air transport. Within these four broad categories come numerous subjects that require attention of the aviation industry as well as the States. In six chapters, this book engages in detailed discussions on these subjects as they unravelled in events of recent years. The issue of safety is addressed first, following an introduction of the regulatory regime covering the four issues. Within the area of safety, the book covers such areas as safety management systems, safety and aeromedicine, safety and meteorology, the use of airspace, unmanned aircraft systems and safety oversight audits. In the security area, subjects covered include cyber terrorism, the integrity of travel documents, full body scanners, civil unrest and aviation, the suppression of unlawful acts on board aircraft and the financing of terrorism. The chapter on the environment focuses mainly on climate change - particularly on carbon credits, market based measures, the carbon market and emissions trading schemes and their effect on air transport. Finally, the chapter on sustainability discusses in detail market access along with such issues as slot allocation, open skies, the use of alternative fuels as an economic measure and corporate foresight. The concluding chapter wraps up with a discussion on where air transport is headed.
International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law from criminal law to contract law to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for aviation practitioners and enthusiasts.
This book discusses megatrends and subsequently applies them to the air transport industry from a legal, ethical and economic perspective. Starting with a detailed discussion on what these megatrends are, the book provides an essential overview of megatrends and air transport, including analytical discussions on how megatrends could affect basic issues such as nationalism and sovereignty, market access in air transport, and commercial space transport. It also delves into the rights of the airline passenger as affected by megatrends. Further, the book analyses a broad range of topics, including: the digital transformation of air transport; technology and air transport; robotic pilots and their legal ramifications; the human-robot interface and the law with focus on the pilot; cognitive computing; and issues of empowerment and connectivity. It discusses in detail United Nations initiatives and initiatives of the International Civil Aviation Organization, considering aspects such as: the new world order; e-trends and air transport; apps that make air travel easier; and apps designed to help the aviation authorities. Further topics include artificial intelligence and air transport and related technical, ethical and economic issues, as well as a legal inquiry into manufacturer’s defects; design defects; and liability for failure to warn of defects. Questions are posed and answers provided on the effects of artificial intelligence and legal issues stemming from its use in air transport. Two major discussions follow on millennials and air transport, and on the Internet of everything as related to air transport. The conclusion ties in megatrends with air transport and offers the industry a way forward for adapting to these trends.
This is the third edition of a now-renowned guide that provides an extensive account of the state of the aviation industry and the law that regulates it. This new edition, revised and updated throughout, focuses on environmental and sustainability considerations, and includes a new chapter on innovations aimed towards meeting the 2050 Net Zero Emission targets endorsed by the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA). International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law, from criminal law to contract law, to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for those working in the aviation industry. The book is written for a very broad readership of those working within the aviation industry, those aspiring to work within it and those within the legal profession dealing with air transportation, as well as students within the same industries. The third edition will additionally find favour with new readers seeking information on environmental issues and answers to the question of how the aviation sector will meet the 2050 emission targets.
On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
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.