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Books > Law > International law > Public international law > International law of transport & communications
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 transparant
lines of state responsibility in the context of cross-border
provision of air navigation services; and* prospects for the
imposition of a transparant liability regime on corporatised 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.
Against the backdrop of enormous technological strides, this book
argues that the air transport industry must be constantly vigilant
in its efforts to employ a legal regime that is applicable to the
aeronautical and human aspects of the carriage by air of persons
and goods. In this regard, safety and security are of the utmost
importance, both in terms of safe air navigation and the
preservation of human life. Although the International Civil
Aviation Organization (ICAO) addresses legal issues through its
Legal Committee, many emerging issues that urgently require
attention lie outside the Committee's purview. This book analyzes
in detail the items being considered by ICAO's Legal Committee,
considers the legal nature of ICAO, and discusses whether or not
ICAO's scope should be extended. Since the limited issues currently
addressed by ICAO do not reflect the rapidly changing realities of
air transport, the book also covers a broad range of key issues
outside the parameters set by ICAO, such as: the need to teach air
law to a new generation of aviation professionals; combating
cyber-crime and cyber-terrorism; the regulation of artificial
intelligence; traveller identification; interference with air
navigation; human trafficking; unruly passengers; climate change;
air carrier liability for passenger death or injury; Remotely
Piloted Aircraft Systems (drones); and the cabin crew and their
legal implications.
How are China's ongoing sovereignty disputes in the East and South
China Seas likely to evolve? Are relations across the Taiwan Strait
poised to enter a new period of relaxation or tension? How are
economic interdependence, domestic public opinion, and the
deterrence role played by the US likely to affect China's relations
with its counterparts in these disputes? Although territorial
disputes have been the leading cause for interstate wars in the
past, China has settled most of its land borders with its
neighbours. Its maritime boundaries, however, have remained
contentious. This book examines China's conduct in these maritime
disputes in order to analyse Beijing's foreign policy intentions in
general. Rather than studying Chinese motives in isolation, Steve
Chan uses recent theoretical and empirical insights from
international relations research to analyse China's management of
its maritime disputes.
Reprint of the only edition. " What the author] has achieved
withgreat success is to render a systematic account of the
contributionwhich Italian scholarship and Italian diplomatic
practice have made inthis field of law throughout the centuries.
Since the writings ofItalian international lawyers are little known
in the Anglo-Americanworld, this study will be particularly welcome
to American and Englishreaders.": Yale Law Journal 54 (1944-1945)
165.
This book proposes a framework for assessing countries' levels of
compliance with international space law and norms. It begins by
exploring the development of two movements - the evidence-based
policymaking and programming movement, and the rise of ratings and
rankings research - and their growth across various disciplines.
The analysis suggests that such efforts are useful in gauging the
behavior of countries in space according to how well they adhere to
existing space law and norms. To date, there is no comprehensive,
periodic, and systematic measure of countries' efforts to comply
with space law and norms; this work endeavors to fill that gap by
offering a framework in which to assess compliance. Applying the
framework results in five possible ratings that a country may be
assigned, ranging from highly compliant to non-compliant. Ideally,
the proposed framework can be used to promote compliance, and with
it, space security and sustainability.
This book explores the allocation of risk and liability of
dangerous goods between the seller and the buyer under CIF (Cost,
Insurance and Freight) and FOB (Free on Board) contracts, providing
an in-depth study of the issue of carriage of dangerous goods in
the context of international trade law. In addition to offering
specific solutions to issues arising in the context of the contract
of sale, the book provides a non-contractual angle, putting forward
suggestions under non-contractual mechanisms. Importantly, the book
incorporates case law examples from the Commonwealth and the US.
Dangerous goods that are carried by sea can cause potential risks
of losses and damages to the vessel, other cargoes and lives on
board. The allocation of liability arising out of the carriage of
dangerous goods has recently attracted unwelcome attention because
of mis-declared cargoes leading to fires on board ships. Thus the
book fills a gap in the literature by addressing the issue in
detail with examples from multiple jurisdictions, and proposing
solutions. In particular, the book analyses whether and to what
extent the law of international sale of goods can provide any
assistance in the re-allocation of liability between the buyer and
the seller. This book will be of great interest to all those
involved in the research as well as legal practice of international
trade law and the law of carriage of goods by sea.
This contributed volume addresses the future development of space
law in light of our ever-growing space activities, the multiplicity
of new space actors and the challenges posed by novel space
technologies. Unlike existing space law literature, it sets its
sights on the future, envisaging how space law could and should
evolve in coming decades. Written by experienced professors,
academics and practitioners in the field, this edited volume
constitutes a valuable tool for understanding the current state of
space law, the challenges it is called upon to address and the new
phase it is about to enter. In addition, this book initiates a
discussion de lege ferenda, addressing the letter and spirit of
space law in the world of modern and future space activities. These
papers were presented at "The Space Treaties at Crossroads:
Considerations de lege ferenda," held on August 28 to 29, 2015, in
Athens, Greece. The conference was jointly organized by the
National and Kapodistrian University of Athens and the Institute of
Air and Space Law of McGill University
This volume discusses various institutional, legal and operational
aspects related to the provision of air navigation services, taking
particular consideration of the current implementation of a new
generation of communications, navigation and surveillance systems
for future air traffic management (CNS/ATM). The primary intent is
to critically review the current mechanisms for international
co-operation in this field. Particularly in Europe, many efforts
have been undertaken to enhance air traffic management by
harmonization and integration of national developments but many
parties claim that these are still insufficient and the processes
are still dominated by the individual States. Furthermore, the
established global standardization mechanisms by ICAO are
increasingly challenged by the swift technological developments and
implementation plans on a regional rather than global basis.
Following a short description of the historical developments, the
global framework of cooperation established through ICAO is
described, supplemented with a description of some multilateral
organizations active in the field of air traffic management on a
regional basis. The basic technological and operational changes
envisaged with the implementation of the Future Air Navigation
Systems (FANS) are described and, based on these, related
institutional and legal aspects are discussed. Particular emphasis
is given to developments in Europe, where during the last four
decades several initiatives for enhancing the cooperation of States
could not overcome the fragmentation of the airspace. The decisions
of February 1997 of the ECAC Ministers of Transport on an
Institutional Strategy are reflected. One chapter is devoted to
questions of liability in air traffic management which are of
particular importance with regard to international cooperation.
The continued implementation of the competition rules of the EC
Treaty and the provisions of the third package of aviation
liberalization measures of 1 January 1993 remain of great
importance to the Community's aviation industry. 1994 has seen
important activity on access to Community air routes (such as the
Orly airport cases), ground handling, state aids and code sharing.
These subjects, and others, are examined in the Association's
annual conference for 1994, with a round table session on access to
air routes in particular. In addition, in view of the conference's
location in Amsterdam, there will be a particular Dutch perspective
on certain current issues.
The book provides a structural analysis of the European space
effort from an institute change perspective. It analyzes the EU-ESA
inter-institutional relationship, gives an overview of the
development of space policy in Europe, and advances the debate
about the impact of the European integration process on existing
institutional actors. While European Space collaboration was
initially developed outside the competences of the European Union
(EU) with space programmes being carried out almost exclusively
under the framework of European Space Agency (ESA) and national
agencies, the EU has gained "shared competences" (Art. 2, TFEU) in
space policy following the adoption of the Lisbon Treaty. Currently
the EU and ESA work together under a Framework Agreement. In 2016,
the EU Commission has published a Communication entitled "European
Space Policy" (ESP). Even though ESA's Member States have agreed to
keep ESA as an intergovernmental organisation during the ESA
Ministerial Council of 2014, the discussion about ESA becoming part
of the EU framework continues. The EU's ambitions for leadership in
European space policy raise question concerning the future of ESA.
The study of institutions lies at the heart of political sciences.
Strikingly the theoretic framework qualifying institutional change
and making it comparable leaves room for more concrete and testable
dimensions of institutional change.
The practice of international commercial law has become so complex
since the onset of globalisation that it has become virtually
impossible for interested parties to collect their own copies of
the various source materials. Hence this very welcome collection,
which in its first edition quickly became a cornerstone resource
for business lawyers. Now, after six years, the editor has
thoroughly updated this truly indispensable book, making it far and
away the most complete collection of applicable treaties,
institutional rules, regulations, model laws, and codes any
international commercial law practitioner, scholar, or student will
find anywhere.In numerous additional and updated texts, the Second
Edition includes vital practical information on recent developments
in such important aspects of the field as the following: taking of
evidence in arbitration; service of legal documents abroad;
enforceability of court-issued and arbitral awards; the role of
gatekeepers such as credit rating agencies, securities analysts,
and external auditors; global regulation of financial markets;
disclosure of price-sensitive information; and regulatory measures
against corruption and bribery.There is increased attention also to
influential areas like the extraterritorial effects of certain
national laws and the growing use of non-statutory models such as
the Unidroit principles. This is the only one-volume source for all
the materials required for the effective practice of international
commercial law: corporate governance codes, international contract
principles, all major arbitration and mediation rules, conventions
on applicable law and on jurisdiction and enforcement, guidance for
ongoing disclosures, ethical conduct, UCP600 and INCOTERMS 2000,
and much more. It provides invaluable support for in-house counsel
and corporate and business lawyers, and offers the scholar and
student a peerless reference work.
This book presents dispute settlement decisions of the World Trade
Organization by using extensive annotations, in-depth analysis, and
comprehensive summaries of case histories. The extensive index in
each volume enables access to particular titles. Legal precedents
and conclusions are detailed in the large annotations and
conclusion sections.
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