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1998 had seen further efforts by the European Commission to reduce the number of natural monopolies in the air transport market. The Council of the EU discussed a Directive aimed at regulating airport practices by limiting the level of charges, putting an end to unfair practices and improving transparency for users. At the same time, the Commission set conditions on airline alliances after having carried out investigations into several alliances between EU and US carriers. Another significant issue in 1998 has been the review of conditions of carriage and tickets in consultation with the Commission and with consumer organisations, as well as the proposal for a revision of Regulation No. 895/91 regarding denied boarding compensation. Also in high profile during 1998 has been the proposal for a multilateral treaty between the EU and Eastern European countries regarding the adoption of the air law regime of the EU and EU competition law, which would create a common European aviation area. These various developments have provided the principal topics for discussion at the Association's annual conference for 1998.
European Union External Competence and External Relations in Air Transport is an essential guide for all those interested in the development of European Union external relations in general and in the field of air transport in particular. Part I of the book offers a detailed analysis of the EU's internal and external competence in air transport and related topics, taking into account the amendments introduced by the Single European Act and the Treaty on European Union. A new vision is proposed of the development of external competence in air transport and a new classification of the Community's secondary legislative measures in this area. Part II offers a detailed analysis of the EU's external relations in air transport, including an analysis of the Air Transport Agreement with Norway and Sweden, the extension of the trans-European transport network, and the inclusion of air transport in recently concluded association and trade agreements. The many problems facing external relations, and the future prospects for such relations, are revealed. Community participation in civil aviation organizations is also discussed.
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.
The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five 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 financing 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 field 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 financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.
This book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.
State intervention in air transport is omnipresent. Airlines, in particular, are major beneficiaries of State aid. This book provides a comprehensive analysis of the law regulating State aids to airlines, which includes sections on Articles 107 TFEU and 108 TFEU as well as an overview of legal issues raised by air transport and competition in the EU, in particular deregulation and its consequences. EU Law on State Aid to Airlines follows a multi-disciplinary approach by relying on the fundamental concepts of economics and policy analysis. This approach allows grasping the wider implications of this sector's issues for the field of State Aid, in particular in the light of the 'more economic approach' and the 'balancing test'. Furthermore, additional perspective is given on State aid law in the air transport sector through comparative analyses of regulations in the United States and Switzerland and outlooks on international relations. Finally, the book presents a number of recent Commission decisions with a dramatic importance for the air transport, with the opening of formal investigation procedures regarding alleged State aid to low-cost airlines operating from regional airports all over Europe. Magnus Schmauch is Legal Secretary at the EFTA Court in the Chambers of judge Pall Hreinsson. Previous experience includes four years as a lawyer at the Court of Justice of the European Union. He has published a large number of articles on State aid and other fields of EU law and teaches on EU law and fundamental rights at the University of Lund, Sweden.
First published in 2000, this volume examines the role of industry representation in the EU in the case of the air transport industry. Air transport has contributed to areas including member state interdependence, national defence in foreign policy considerations and national identity in terms of ‘flag carrier’ airlines. Dinos Kyrou looks at specific case studies concerning aspects of integration of the air transport sector within the European Union. These case studies – an examination of a European Commission Proposal for a Council Directive and the attempt by the Commission to formulate a Proposal for a Council Regulation – are stages in the process of policy formulation which are aimed at enhancing the liberalisation which was completed de jure in 1992. In both cases, the increasing prominence of the Competition Directorate of the European Commission (DGIV) has been evident. Kyrou’s question is whether this reflects a restoration or a creation of pride and self.
Studies in International Air Law: Selected Works of Bin Cheng brings together for the first time the most influential of his many significant works. The selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on board and against aircraft and air carrier’s liability. Widely acknowledged as the "Father of International Air Law,” Studies in International Air Law reveals the author’s enormous contributions to the science of air law along with his extraordinary intellectual and analytical spirit.
"Designed as a detailed practical guide to the management of aircraft during default periods and their repossession, this very useful book is also of great value as a preventive guide in the drafting of aircraft lease and financing contracts. Local aviation law experts from 32 jurisdictions worldwide provide in-depth responses, country by country, to an extremely detailed questionnaire that includes eighty 'real-life' questions." "Fees, time periods, costs of all kinds, remedies, immunities, required documentation, recognition of foreign judgments, interim measures - all these and many other crucial considerations are fully explained for each jurisdiction." --Book Jacket.
Aerospace Law and Policy Series, Volume 11 In recent years, few industries have grown so prodigiously as that of unmanned aircraft systems (UAS) and, as a result, developments in national, regional, and international law and policy are being initiated and implemented. This new edition of the definitive survey and guide, first published in 2016, reflects the expansion of this sector and the importance placed on it by a diverse range of stakeholders, as well as the enlarged regulatory and policy landscape. In addition to updating many of the original chapters, the second edition covers new topics and moves away from a purely introductory book to a more detailed and critical compendium. Authorship has also been extended beyond the original scope of contributors, which originally centred around those affiliated with Leiden University’s Institute of Air and Space Law, and now includes additional experts from all around the world, each of whom explores both already existing rules and proposals coming from national, regional and international levels. As well as broadened discussions on such fundamental legal issues as insurance, financing, liability, accidents investigation, privacy, cyber security, stakeholder organisations and industry standards, the second edition takes into account major recent developments in such areas as the following: applicability and relevance of international regulatory instruments; coming into force of the European Union UAS-related laws; evolution of different States’ national law; public safety (e.g., design, production, operation and maintenance); development of unmanned traffic management systems; commercial operations, including urban air mobility (e.g., flying taxis, cargo delivery, high-altitude activities); and developments in defence and security (e.g., dual-use, counter-UAS industry to combat illegal use). As in the first edition, a representative cross section of national laws is included, covering twenty-one different jurisdictions. This fully updated edition not only synthesises and clarifies the complex body of international, regional and national UAS-related law, but also provides expert insight into trends and areas of concern for numerous stakeholders. Without a doubt, it will be of immeasurable value to lawyers, relevant governmental and non-governmental agencies, aviation law scholars, and strategic planners in the wider aviation and transport industries.