International Air Carrier Liability brings together essential treaties and airline-to-airline agreements on air carrier liability, safety and security, and supplements these with expert commentary and analysis. The examination considers the general regulatory framework of international civil aviation (including the Chicago Convention and related documents) and how the liability regime fits within that framework. The book is divided into three parts: dealing in turn with liability, safety and security, and civil aviation regulation. Part I, for example, provides comment and analysis of the international air-carrier liability regime, how the main liability conventions operate, and the application of these conventions to international carriage by air (passengers, baggage and cargo). Given its subject matter and the universal state party participation in these conventions, this book has truly global application. David Hodgkinson and Rebecca Johnston aim to provide a reference aid for legal practitioners (at law firms, airlines, manufacturers, aviation-related corporations and government departments and agencies), as well as academics, students (undergraduate and post graduate) and government officials regarding treaties, domestic laws and documents concerned with these vital legal issues.

Principles of the Carriage of Goods by Sea offers students studying this topic as part of their LLM or LLB course an accessible, comprehensive overview of the subject from a leading expert in the field. Written specifically with students in mind, concentrating on principles, and tailored to common law coverage, this title presents all the essential topics and is supported by the following useful pedagogy: Line Diagrams: illustrating the relationships between parties so that this may be understood at a glance; also where appropriate, time lines Case Studies: looking at topical matters such as piracy, and problematic areas of law such as reachable on arrival clauses and the carriage of bulk oil by sea Sample Problem Questions: problem questions and suggestions to help students to prepare for assessment Annotated appendices: concise appendix of the most important legislation and international conventions, with useful annotation from the author that explains these and puts them in context

This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU's efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.

The core structure of the regulatory regime for international civil aviation (the 'Chicago System') is inter-national. The features of the Chicago System were designed in an era when the world's airlines were State-owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective 'legal' and policy actions taken at national level (United Arab Emirates, Qatar and People's Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization). The book concludes that economic and environmental regulation of international aviation, designed for an inter-national world of yesterday, evolves into global governance of aviation, which is more suited for today's global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.

This book analyses the European legal framework on inland water transport in light of the most recent legislation adopted and how the main Member States of Central Western Europe have implemented it. Specifically, the book provides an innovative tool of analytical and systematic study of the various legislative EU measures that regulate the inland waterways transport sector, as well as for the comparative study and analysis of the relevant measures of implementation adopted by the afore-mentioned Member States. Each EU legislative measure is first explained in general terms and then commented on in detail with a specific analysis of the most significant articles, following a precise logical sequence of the topics; the corresponding national implementing measures are also examined in detail* describing any different ways of transposing the EU regulation, also with regard to any differences in approach by the Member States relative to the possibility of any derogations or exemptions from compliance with some measures, which is often provided for by the EU regulation. This approach is significantly useful for (i) a more systematic and user-friendly understanding of the EU regulatory framework, (ii) an equally better understanding of how EU measures have been transposed into national legislation and (iii) a revision of this European and domestic legislation, where appropriate. Furthermore, the book is very useful for policy-makers of countries that are not members of the European Union (i.e. policy-makers from countries worldwide that have inland waterways), as they will have a reference tool to evaluate the possibility of reviewing their own regulation with a view to making it more similar to the EU one should the latter be better. While preparing the book, analyses of the preparatory work of the legislation played a great role, as they are very useful for better understanding the legislative initiatives and the reasons for the choices made. Analysis of the doctrine and jurisprudence also played a great part. This allows the reader to have a thorough understanding of the subject from a scientific point of view and from the point of view of practical application.

Don't drink and drive. It's a deceptively simple rule, but one that is all too often ignored. And while efforts to eliminate drunk driving have been around as long as automobiles, every movement to keep drunks from driving has hit some alarming bumps in the road.

Barron H. Lerner narrates the two strong--and vocal--sides to this debate in the United States: those who argue vehemently against drunk driving, and those who believe the problem is exaggerated and overregulated. A public health professor and historian of medicine, Lerner asks why these opposing views exist, examining drunk driving in the context of American beliefs about alcoholism, driving, individualism, and civil liberties.

Angry and bereaved activist leaders and advocacy groups like Mothers Against Drunk Driving campaign passionately for education and legislation, but even as people continue to be killed, many Americans remain unwilling to take stronger steps to address the problem. Lerner attributes this attitude to Americans' love of drinking and love of driving, an inadequate public transportation system, the strength of the alcohol lobby, and the enduring backlash against Prohibition. The stories of people killed and maimed by drunk drivers are heartrending, and the country's routine rejection of reasonable strategies for ending drunk driving is frustratingly inexplicable.

This book is a fascinating study of the culture of drunk driving, grassroots and professional efforts to stop it, and a public that has consistently challenged and tested the limits of individual freedom. Why, despite decades and decades of warnings, do people still choose to drive while intoxicated? "One for the Road" provides crucial historical lessons for understanding the old epidemic of drunk driving and the new epidemic of distracted driving.

This book concerns the subject of illegal charters. The risks associated with illegal charters are high, and the consequences are dire and different for all the parties involved. Pilots can lose their hard-earned licenses, aircraft owners might not get paid by the insurance companies, businesses might be prosecuted and fined, customers do not get what they paid for. The worst consequence of an illegal charter is that someone gets hurt or killed. The tragic part in reading about a flight accident is the understanding that an illegal charter could have been avoided. The present book aims to fulfil the industry's call for greater awareness, education, and transparency. It will systematically and thoroughly investigate the application of law in a practical context of illegal charters. It engages in a comprehensive comparative study across various jurisdictions, such as the USA, Europe, Russia, Asia and the Middle East. This text considers whether the elements evidencing state practice in regulation of illegal charters are peculiar to the region and legal system. It examines how illegal charters can be prevented and undertakes the analysis of risks and consequences of illegal charters. This is an important book that is likely to have a significant impact on existing scholarship regarding international and national aviation law and be of interest of all parties involved in aviation. This includes industry professionals, legal practitioners, academics, policy-makers, and government officials.

Most transport operators have little experience of the regulations surrounding the carriage of dangerous goods. The smaller operator in particular will have no point of reference to refer to in order to find out if they are legally allowed to carry dangerous goods without application of all the requirements, including the costly training of drivers. This book enables the operator to quickly and easily identify the regulatory exemptions that apply to the listed UN numbers which identify dangerous goods. The operator is able to obtain confirmation on their ability to legally carry dangerous goods within the limitations of a transport operation and does not need to seek specialist knowledge or training. It lists the UN numbers and the exemptions that apply in an easy reference format and also provides information on how to use the data within the regulatory framework.

- A unique guide, based on several decades' successful experience pursuing claims for fresh produce importers and exporters. - Provides lawyers with detailed insight into what they need from their clients in order to progress their claims. - Enables underwriters to better envisage their clients' risks when drafting policy cover and considering subsequent recoveries following claim settlements. - A detailed guide for shippers and Importers to enable them to both best protect their Interests when suffering losses and to best position themselves for successful claims.

What are the potentially negative consequences of an undeniably good public policy? Under the Influence examines how the Elks, one of the oldest lodge-based voluntary associations in America, may have been impacted by government policies such as DUI laws. To examine this empirically, author John C. Mero conducted interviews with fifty-five California and Florida Elk Exalted Rulers. What emerges from the interviews is a voluntary association in transition: having been affected by stricter DUI laws and other government policies over the past few decades, the Elks are reevaluating their approach to associational life. They have demonstrated a willingness to change with the times since their founding as the Jolly Corks in 1884, and-in response to the unintended consequences of more recent government policies-the Elks are seeking new opportunities to contribute to American civil society.

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.

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.

Covering all aspects of EC shipping law in detail, this fully updated third edition takes a commercial, as well as a legal, perspective throughout. The chapters include coverage of EC marine environmental law and marine insurance law freedom of establishment and freedom to provide shipping services in the EC. The book has been completely revised to include recent developments and it features extensive appendices on council decisions, resolutions, and recommendations. This is an essential reference work for professionals who are under pressure to provide advice to clients on how EC law affects their business and how to avoid the pitfalls and take advantage of the extended market in any European transaction.

In den letzten Jahren sind immer mehr Private an der Erbringung der oeffentlichen Dienstleistungen beteiligt. Allerdings ergibt sich in der Praxis daraus, dass die Daseinsvorsorge nicht blind auf einen reinen Wettbewerb vertrauen kann. Der oeffentliche Personennahverkehr kann als ein gutes Beispiel dienen. Es stellt sich die Frage, wie die Erbringung der oeffentlichen Dienstleistungen so organisiert werden kann, dass einerseits ein fairer Wettbewerb zwischen Unternehmen entstehen kann, andererseits die sozial- und arbeitsmarktpolitischen Belange berucksichtigt werden koennen. Um diese Frage zu beantworten, analysiert der Autor nicht nur staatsrechtliche und europarechtliche Entwicklung, sondern fuhrt die Regulierung als ein Handlungskonzept der Verwaltung im Recht des OEPNV ein.

Climate Change, Public Health, and the Law provides the first comprehensive explication of the dynamic interactions between climate change, public health law, and environmental law, both in the United States and internationally. Responding to climate change and achieving public health protections each require the coordination of the decisions and behavior of large numbers of people. However, they also involve interventions that risk compromising individual rights. The challenges involved in coordinating large-scale responses to public health threats and protecting against the invasion of rights, makes the law indispensable to both of these agendas. Written for the benefit of public health and environmental law professionals and policymakers in the United States and in the international public health sector, this volume focuses on the legal components of pursuing public health goals in the midst of a changing climate. It will help facilitate efforts to develop, improve, and carry out policy responses at the international, federal, state, and local levels.

Was sind Traditionspapiere und was die historischen Grundlagen der dinglichen Traditionswirkung? Nach 524 S. 1 HGB hat die Begebung des Konnossements an den darin benannten Empfanger, fur den Erwerb von Rechten an dem Gut dieselben Wirkungen wie die UEbergabe des Gutes. Die dogmatische Einordnung dieser handelsrechtlichen Traditionswirkung in die burgerlich-rechtlichen Normen des Eigentumserwerbs anhand der absoluten Theorie, der relativen Theorien und der wertpapierrechtlichen Theorien bildet den Schwerpunkt dieser Publikation. Im Rahmen eines Anhangs und Ausblicks werden zudem rechtliche und technische Fragen zur Digitalisierung von Traditionspapieren behandelt.

This book provides a look at the various nuances of the commercial aspects of space transport and offers a workable and practical legal and regulatory approach to be taken by the International Civil Aviation Organization. The book also addresses the perceived lack of wisdom in neglecting to consider the basic legal structure of a regulatory regime for commercial space transport as a first step and goes on to analyze ways and means of using the existing legal instruments pertaining to international civil aviation as an analogous system that can be moulded into a separate and cohesive set of multilateral legal instruments that could apply to commercial space transport. As expected, commercial space transport has taken off with a flourish. It is now evident that, from sub-orbital flights to mining asteroids, this industry will grow exponentially. Signs of its importance are reflected by various international conferences being convened on the subject both by academia and the international community. The only snag is the lack of a regulatory instrument or in the least a contrived approach to a definitive legal regime that would provide a structure, purpose and direction to commercial space transport. This blatant lacuna and neglect has resulted in the emergence of various theories by academics and a half hearted look at the subject by the international legal community.

The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 - in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.

Dr Wiswall examines the development of jurisdiction and practice in the field of Admiralty Law in England, with American comparisons, during the nineteenth and twentieth centuries; the work is largely organized around the Court of Admiralty from 1798 onwards. The judgeships of Lord Stowell, Dr Lushington, Sir Robert Phillimore and Sir Francis Jeune, in England, are considered in some detail, and also those of Mr Justice Story, Judge Ashur Ware and Judge Addison Brown in the United States. One chapter is devoted to an examination of the dissolution of Doctors' Commons (the unique body of English civil lawyers). Development through case law, statutes and rules is the technical side of this study - an exposition not so much of the development of legal principles themselves as of their application. 'The last chapter turns to a study of the evolution of the substantive law regarding personal liability in Admiralty actions in rem, illustrating the divergence between the English and American law, and the effect upon and repercussions in international maritime law.

EU Regulation and Competition Law in the Transport Sector provides an in-depth analysis of the EU regulation of the various transport modes, and of the EU competition rules in the transport sectior. The text gives details of different substantive rules regarding, on the one hand, liberalization and regulation of transport markets and operations; and, on the other, restrictive agreements, dominant positions, and mergers, which apply to shipping, to aviation, and to inland transport. In addition to illustrating the procedures which govern enforcement of EU competition rules,and indicating how these differ from the usual procedures applied by the European Commission, this new edition addresses the recent emergence of a regulatory framework for different transport modes. The editors and authors have all been closely involved in the development of the Commission's practice in this area and have provided a detailed contemporary discussion of all relevant issues.

This book explains the definition, concepts, practices and procedures of Free Zone operations; how they are created, how they operate, and their benefits to the global and national economy. Readers will be able to understand why Free Zones exist, their role in the development and maintenance of international trade, and how they contribute to national and global economic development and wellbeing, especially in developing nations. The author explains the processes in the establishment of Free Zones, and how government legislation and initiatives assist in this process. The book comprehensively but accessibly covers the topics of Freeports, Free Zones, Export Processing Zones (EPZs) and Special Economoic Zones (SEZs), as well as issues such as Customs requirements, Free Zone law and government initiatives, including the new UK Freeport initiative. It analyses the role of such Zones in global economic development and considers the challenges and issues related to Free Zone development and operation, including security and potential crime. The book also provides a series of case studies into selected global examples of Free Zones, EPZs and SEZs. Freeports and Free Zones will have a broad readership, being of interest to global economic, fiscal and government institutions, policymakers, legal practitioners and advisers, economic and business advisers, port and airport authorities and major multinational enterprises. It will be especially relevant to the food, automotive, defence, manufacturing, logistics, Fast Moving Consumer Goods (FMCG), pharmaceutical, aviation and maritime industries.

This report provides a snapshot view of road safety conditions in 11 Central Asia Regional Economic Cooperation (CAREC) member countries. It shows the status of key road safety issues in each country, progress toward national policies, and the actions taken toward achieving the objectives of the CAREC Road Safety Action Plan. The information in this report will help development partners identify priorities, resources, and possible actions to help CAREC member countries improve road safety and reduce the financial and human cost of road traffic accidents.

This study assesses how the implementation of transit-oriented development (TOD) can help address urban development issues in India. In the context of metro rail systems, TOD has much potential to promote inclusive and sustainable urban mobility. It can also enhance the livability and resilience of cities through better integration of land use policies and the development of the transport network. TOD presents an opportunity to utilize land value capture mechanisms to augment cities' finances. The study seeks to understand key achievements and challenges of TOD implementation in selected major cities in India. It also explores why synchronized interaction between TOD measures and land use regulations is essential to maximize the socioeconomic benefits of metro rail investments.