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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.
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.
The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.
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.
The tremendous flow of air traffic traversing the airspace of the European Union demands extraordinary vigilance on the part of air navigation service providers. Although the first requirement of air navigation services is obviously the enhancement of safety, providers must also attend to the efficiency and optimisation of airspace capacity and the minimisation of air traffic delays. As technological and operational improvements proceed in these areas, jurisdictional issues of responsibility and liability--particularly in cases of mid-air collisions--become ever sharper and more in need of precise definition. This detailed and insightful exposition focuses on these issues from three overlapping perspectives: the international and European legal framework dealing with air navigation services, the question of state responsibility, and the question of liability for damage inflicted by air navigation service providers. The author's in-depth analysis includes examination of many elements, among them the following: * the interrelated roles of the International Civil Aviation Organization (ICAO), the European Civil Aviation Conference (ECAC), the European Organisation for the Safety of Air Navigation (EUROCONTROL), the European Community's European Aviation Safety Agency (EASA), and other international bodies; * the Single European Sky initiative, its establishment of Functional Airspace Blocks (FUAs), and its ongoing research program (SESAR); * establishment of transparent lines of state responsibility in the context of cross-border provision of air navigation services; and prospects for the imposition of a transparent liability regime on corporatized air navigation service providers. In conclusion, the author enumerates the essential elements required for cross-border provision of air navigation services and offers well-thought-out final recommendations and conclusions on the most preferable way to pursue such cross-border provision within and outside the European Community. A model agreement for the delegation of air navigation service provision appears as an appendix. All professionals concerned with air navigation, in Europe and elsewhere, will appreciate the depth of knowledge and commitment apparent in this book. The deeply informed insights manifest in its pages will be of enormous value to aviation agency officials and air law practitioners everywhere.
The Routledge Handbook of Public Aviation Law is the first book to incorporate a comprehensive analysis of Public Aviation Law – principally international, but also domestic law in a comparative context – in a single volume. International Law is pervasive in Aviation Law, and is incorporated into a number of major multilateral treaties (e.g., the Chicago Convention of 1944, for Public International Air Law). This is supplemented by various Annexes (promulgated by the International Civil Aviation Organization) and Conventions and Protocols (promulgated by States in diplomatic conferences). States then implement these international obligations in domestic laws that create aviation regulatory administrations that, in turn, promulgate regulations. Bringing together leading scholars in the field, this prestigious reference work provides a comprehensive and comparative overview of Public Aviation Law. It surveys the state of the discipline including contemporary and emerging areas of law, regulation, and public policy in air transportation. Each chapter begins with an overview of the international law applicable to the subject matter, followed, where appropriate, by a comparative examination of domestic statutes, regulations, and jurisprudence. The objective of the book is to identify and summarize existing areas within the context of international research, and to identify and highlight emerging areas. Both practical and theoretical in scope, the Routledge Handbook of Public Aviation Law will be of great relevance to scholars, researchers, lawyers, and policy makers with an interest in aviation law.
The Elgar Concise Encyclopedia of Aviation Law provides a comprehensive overview of the evolution of the dynamic field of aviation law. Curated by two internationally recognized scholars in the field, entries are written by a wealth of specialist academics, legal experts, practitioners, and representatives of global institutions.
Focusing on the consequences of Brexit for aviation law, this book presents the key legal issues for aviation business and administration, as well as all major stakeholders that could potentially be affected by Brexit. This will include airlines, airports, aerospace manufacturers, regulatory and judicial institutions, passengers and employees. The book will indicate groups of legal acts disturbed by Brexit and those few that will remain untouched, and develop on this basis a digest of regulatory and institutional problems that will arise in various areas of the discussed sector. Finally, the short title will deliberate on the directions of possible actions which may be undertaken to avoid post-Brexit legal incoherence. This review should give essential guidance to the industry and the authorities on both sides of the English Channel as to what to expect and how to prepare for the forthcoming legal earthquake.