De bijdragen in dit Festschrift behandelen diverse onderwerpen van het binnenvaartrecht. Aan de auteurs die aan deze feestbundel hebben meegewerkt werd gevraagd hun bijdrage aan te leveren in het Nederlands, Engels, Duits of Frans, alle vier talen die Resi beheerst. Voor u ligt het resultaat van hun arbeid. De redactie hoopt dat de lezer evenals de jubilaris deze met vrucht en met plezier zal consulteren, en is ervan overtuigd dat dit Festschrift een waardevolle bijdrage zal vormen aan de rechtsliteratuur over het binnenvaartrecht.

This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts: Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arguing that leaving such matters to national law, particularly issues concerning product liability, could not only restrict or hinder the availability of liability insurance but also hamper the development of technology in this field. Written by internationally-known experts in their respective areas, the book offers a holistic approach to the debate on autonomous ships and makes a timely and important contribution to the literature.

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 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.

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.

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.