International markets expand through better communication and transport technology. Transport networks are at the heart of the supply chain and are the foundation of any countrys economy. Transport is a foundation of the European integration procedure. The present framework of international carriage law is made up of a collection of conventions. The legal document establishing the contractual link between the parties involved in the contract of carriage is the bill of lading. Ocean bills of lading have an inherent value as security to banks that finance the sale of the underlying cargo or the documents themselves, and they enable their lawful holders to sell the cargo whilst in transit by transfer of the document. Containerisation brought about a revolution in the transport industry. All transport conventions set diverse liability limits and mirror dissimilar communities of interest among different transport modes. A carriers liability limitation in international carriage conventions is a consequence of international trade practice. The transport systems have become a source of environmental and social costs. The author discusses these issues and more in this important book on international markets and transportation.

On 6 July 2012, the President signed into law a new two-year transportation reauthorisation bill, the Moving Ahead for Progress in the 21st Century Act (MAP-21.) This bill authorises funds for Federal-aid highways, highway safety programs, transit programs, and for other purposes. This book responds to the MAP-21 requirement that the Secretary of Transportation to complete an examination of the need for safety standards with regard to electronic systems in passenger motor vehicles. Moreover, the book reviews security and privacy gaps that put American drivers at risk.

Regulation 261/2004 on Air Passengers' Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission's recent publication of reform proposals, controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU's regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.

The 2008 UNCITRAL Convention commonly known as the Rotterdam Rules promises to achieve the hitherto elusive goal of a legal unification of international transport contracts. Its innovative set of rules accommodates such modern trade practices as those treating the carriage of goods by sea as part of wider door-to-door commercial transport operations and those relying on electronic commerce. It closes many gaps in the existing international transport regime, thoroughly specifying the relation of transport documents to the rights and obligations between exporters and importers of goods, and clarifying the interests of credit and insurance in contracts of carriage. This remarkable book, which will examine the Rotterdam Rules in depth, is edited and written by international lawyers intimately familiar with the negotiations leading to the Convention in finished form. It proceeds by a detailed analysis of each of the Convention's 18 chapters in turn, in a clause-by-clause manner, drawing attention to interlinking implications throughout the document. The book's lucid insights and guidance are especially valuable in showing exactly how the Rules improve the existing international transport regime through its clearer and more complete regulation of such elements as the following: allocation of burden of proof; evidentiary value of transport documents and electronic records, including non-negotiable documents and records; freedom of contract in respect of volume contracts; continuous character of the obligation of seaworthiness; limits of liability; rights during transit; recovery of loss of and damage to goods caused by accidents of navigation; and, jurisdiction and arbitration. It also includes: role of subcontracted carriers both on sea and inland; role of warehouses, transport terminals and stevedoring companies; risks and contract practices of lenders; interests of freight forwarders, cargo insurers and liability insurers; and, prevention of maritime fraud. The authors provide a crystal-clear picture that allows the reader to appreciate the balanced way in which the interests of the various stakeholders are addressed by the Rules - the greater legal certainty for each party's legal position, the freedom to extend the Rules by contract to the whole transport operation, the clear legal basis for the use of electronic transport records, and the flexibility with which the Rules have left room for evolving trade practices. It will be of immeasurable value to practitioners and all parties interested in understanding how the new Convention operates and how the provisions are intended to be applied after the Convention comes into force.

Due to the fact that no attempt to create uniform law for multimodal carriage has as yet met with success, transport law has no adequate means to create certainty as to the legal consequences of any loss, damage or delay of cargo resulting from multimodal carriage contracts. A fragmented, complex and inconsistent liability patchwork - which involves regional, subregional and national laws usually focused on unimodal transport, supplemented by contractual standard rules created by the industry - serves as an international liability framework. The consequence of this state of affairs is that the applicable liability rules vary greatly from case to case and give rise to uncertainty concerning the extent of a multimodal carrier's liability in a given situation. Indeed, according to a 2003 UNCTAD survey, most parties involved in the transport industry do not consider the existing legal framework for multimodal transportation to be satisfactory or even cost-effective. Now, progressing through an in-depth analysis of the exact nature of the international multimodal carriage contract, this important study assesses how the most advantageous law applicable to a multimodal contract may be uncovered. Using the ideas, legislation and case law on multimodal carriage in the legal systems of Germany, The Netherlands and England to anchor her presentation, the author offers a thorough investigation of the existing framework of carriage law, the applicable rules of private international law, and the options provided by choice of law based on contractual conditions. In the course of the analysis all essential issues are scrutinized, including the following: ‒ whether the modes of transport to be used may be left open by the contract; ‒ time bars on protest and litigation and when they commence; ‒ carriage documentation; ‒ liability of the carrier for subcontractors; ‒ planning for 'friction costs'; ‒ rules on jurisdiction and the resulting forum shopping practice; ‒ instances where conventions overlap, or when no existing carriage regime applies; ‒ damage or loss that occurs at the point where one unimodal regime ends and another begins; ‒ damage or loss brought about by multiple causes; and ‒ rights and obligations attached to delivery. No comparable treatise exists on which rules may govern international multimodal contracts for the carriage of goods and under what conditions they will do so, and this book is thus an indispensable asset to the work of any practitioner or official connected with international transport. In addition, the author presents a detailed review of the various drafts and propositions that have been on offer in recent years, and submits a well-thought-out proposal for a set of multimodal transport rules to alleviate the difficulties that currently plague this area of carriage law.

Adding a second volume to the peerless country-by-country guide first published in February 2009, this book brings lessors, financiers, and operators valuable assistance in the management of aircraft during default periods and repossession proceedings in an additional 14 jurisdictions, bringing the total jurisdictions covered to 46. The two-volume set is also of great value as a preventive guide on issues arising in aircraft finance or lease transactions, especially in the drafting of associated contracts. Defaults, workouts, and repossessions of aircraft are still on the rise globally, and the situations that can lead to, or arise after, an event of default remain literally endless. This is the best way to be prepared for virtually any contingency. Local aviation law experts from each jurisdiction provide in-depth responses, country by country, to an extremely detailed questionnaire that includes eighty A real-life A| questions covering such categories as the following: A { self-help procedures; A { court proceedings; A { arbitration and other non-court proceedings; A { money claims; A { bankruptcy; A { non-consensual liens; A { rights and security interests in aircraft; A { deregistration powers of attorney; and A { export permit issues. Fees, time periods, costs of all kinds, remedies, immunities, required documentation, recognition of foreign judgements, interim measures and other court proceedings A- all these and many other crucial considerations are fully explained for each jurisdiction. Loaded with precise, up-to-date information and expert practical guidance, this two-volume set will be of enormous value to aviation lawyers, inhouse counsel of aircraft owners and operators, receivers, export credit agencies, banks, lessors, lenders and investors with an interest in the aviation industry.

Increasingly, governments everywhere are backing away from their earlier micromanagement of international aviation, allowing carriers to tap market opportunities wherever they can be found and with far more ease and responsiveness. Accordingly, the industry will inevitably generate new paradigms of competitive market behaviour. This timely book presents the fresh thinking needed on an appropriate legal and policy architecture to govern the industry in the decades ahead. It continues the pursuit of the topic considered in the author's earlier work In Search of Open Skies: the contours of a legal regime that should govern international scheduled air passenger (and relatedly, air cargo) transport. Beyond Open Skies offers a systematic comparative analysis of the legal and policy dimensions of airline deregulation by federal fiat in the United States and by supranational collaboration in the European Union. The book draws upon a variety of sources, including very recent developments in U.S. and EC international aviation law, policy, and diplomacy, to propose a genuine multilateral air transport system. It examines the potential of the 'open skies' initiative, in the aftermath of the new U.S./EC air transport agreement, to inspire a genuine globalization of the world's air transport industry in such crucial aspects as the following: - cabotage; - ownership and citizenship requirements; - route selection; - airline identity; - capacity; - pricing regimes; - competition and public aid; - regulatory harmonization; - labor laws; - provisions for charter and/or cargo transportation; - fair operation of and access to computer reservations systems; - authorization of code-sharing arrangements; - alliances and antitrust immunity; and - dispute resolution. A very special feature of the book is its wealth of hard-to-find but vital scholarship and source material, never before collected so conveniently in one place, furnishing a rich and satisfying context that will enable readers to understand better the forces at work during these momentous realignments among carriers, regulators, and markets. Recognizing that the current global air transport regulatory system is inadequate to the commercial demands of the modern industry, the author shows clearly that the imperatives for its reform transcend domestic debates about incremental public intervention in the business of providing air transport. The book's in-depth analysis of how the law and policy of U.S. and EC airline deregulation can be integrated into the framework for a second-stage U.S./EC air transport agreement builds upon the efforts of government officials, industry stakeholders, and academic commentators who have encouraged a progressive liberalization of air transport. Beyond Open Skies is sure to take its place as the most comprehensive and valuable reference that exists on the complex diplomacy currently defining the future of international aviation.

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.

In this extraordinarily thorough, blow-by-blow analysis of how european commerical aviation has virtually become a market without state imposed anticompetitive restrictions, one of the world's most eminent aviation law authorities explores the subject with a lucid insight fully informed by historical breadth and a keen appreciation of current pressures. commercial aviation emerges as the crucible par excellence of the converage of prevailing global ideology, economics, and international law. The author's presentation emphasizes the regulatory constructs that currently affect the European at transport market: pricing and traiffs, pooling of revenue, market access (licensing, capacity limits, traffic rights, slor allocation), ground handlings, cargo services, state aid, and the power of the EU to act on the commercial aviation world stage for Member States.

Air Law CO-PUBLICATION WITH ANT N SAKKOULAS PUBLISHERS GREECE At the end of 2002 the third package has been in force for ten years. It was therefore a good moment to review the record in terms of compliance and problems which have been encountered. Competition Law continues to play an important role in the airline sector and topical issues include frequent flyer programmes, the response by traditional airlines to law-cost airlines and arrangements between low-cost airlines and airports. For the last few years state aid to airlines had been a dormant issues, but it is now back in earnest - in connection with the very different responses of the EU and the US to the events of 11 September, the similar but different fates of Sabena and Swissair and the opening of a Commission investigation into Olympic Airways. Passenger rights remains a subject high on the commission's agenda, and its proposal for a regulation on compensation for denied boarding and flight delays and cancellation is exciting strong opposition from airlines. All these subjects were covered in the Association's annual conference for 2002 in Stockholm, and in some cases from a particular Scandinavian point of view. General developments in the Nordic and the Baltic regions have also been discussed, particularly in view of the expected imminent special aviation arrangements between the Baltic states and the EU.

The governments of several countries are in the process of reforming their regulatory regimes for the railways, and there is much debate about the appropriate regulation of transport in general and railways in particular--especially in light of environmental concerns about traffic congestion and air pollution and economic concerns about the financing of infrastructure and services. This volume investigates how Britain and Germany regulated their railways at three different points in time over the past century: after the First World War, after the Second World War, and in the 1990s. Its central focus is the design of regulatory regimes and the impact of institutional factors on the selection of design ideas and on processes of isomorphism. By placing a comparative analysis of regulatory design in a historical context and an institutional framework, the author contributes to the current debate on the emergence of the regulatory state in the late 20th century.

Railroads, our first large corporations, are rapidly adapting to the deregulated climate of the 1990s. As we approach the 21st century, this book tells the story of the changing role of railroads in our economy and how the law has changed to meet the new competitive environment. Topics include abandonment and extension, railway labor law, rail passenger service, short line spinoffs, special problems of railroad employment and parallel deregulatory activity in Canada.

The authors deal with the changing railroad environment by describing the rail network of today, which has shrunk in route-miles but is in better shape than at any time since World War II. The changing role of rail employment is discussed, as well as government operation of Amtrak and commuter rail services. What regulation remains with the Interstate Commerce Commission and Federal Railroad Administration is described in detail. Finally, the authors go north of the border to show how Canada is facing rail deregulation and how Canadian railroads are playing a major part in the U.S. transportation scene. The authors close with a look at railroading as we approach the 21st century. Dooley and Thoms have written a comprehensive book for lawyers and rail enthusiasts alike.

This book examines causes and deterrents of transportation accidents by mode--automobiles, truck, air, recreational boating, commercial vessels and railroads--with the focus on accidents in the U.S. The examination enhances our understanding for developing effective multimodal public policies for improving transportation safety. The discussion reveals that the primary cause of accidents in one mode may not be the primary cause in another mode and equally that an effective deterrent for improving safety in one mode may not be an effective deterrent for another mode. The book will be of interest to policy makers and investigators of transportation safety.

The book consists of nine chapters. Following the Introduction chapter, possible causes of highway accidents--driver, vehicle, and highway characteristics--are examined in Chapter 2 along with economic and environmental factors. Chapter 3 then discusses the effectiveness of various deterrent policies--motor vehicle inspection, the minimum legal drinking age, the speed limit, and seat belt laws--for auto accidents, as well as the effects of vehicle speed and speed variance on these accidents. This is followed by a discussion of causes and deterrents of truck accidents in Chapter 4. Chapter 5 considers air accidents, discussing the role of economic deregulation and type of air carrier. Chapter 6 addresses recreational boating accidents, with particular attention given to alcohol involvement in these accidents. Chapter 7 examines commercial vessel accidents with a discussion of safety standards and enforcement. Chapter 8 considers rail accidents, with particular attention given to the effects of deregulation. The final chapter summarizes lessons learned from the previous chapters for improving transportation safety across modes, i.e., for reducing transportation accidents, accident risk, and accident severity.

The dramatic rise in air traffic, together with rapid residential and commercial development around our metropolitan areas, has strained the capacity of airports to serve the public safely and efficiently. Hardaway's book explores this problem in depth. Drawing on both the hands-on expertise of professionals in the field and a thorough grounding in law and public policy, it looks at the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion, and operation of airports.

Beginning with a review of airport regulation from 1903 onward, Hardaway examines aspects of regulatory power, including federal and local authority, local proprietorship, and citizens' concerns. Chapters on airport planning, financing, and operation have been contributed by experts with practical experience in these fields. The question of civil rights in employment and marketplace competition is also considered. Other topics addressed are local, state, and federal regulation of noise; responses to the terrorist threat; the airport as a public forum for free speech and the exercise of religion; the economics of regulation; and the impact of anti-trust legislation. Offering constructive proposals for policy development as well as detailed analysis of current problems, this book will be appropriate reading for students, educators, and professionals concerned with air transportation development, management, policy, and law.