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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Transport law

EU Transportation Law Volume I: Brussels Commentary on EU Maritime Transport Law (Hardcover): Henning Jensen, Michael Jurgen... EU Transportation Law Volume I: Brussels Commentary on EU Maritime Transport Law (Hardcover)
Henning Jensen, Michael Jurgen Werner
R9,367 Discovery Miles 93 670 Ships in 12 - 19 working days

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Waterborne transport is of crucial importance within the European Union. Almost 90% of the EU's external freight trade and 40% of the intra EU exchanges of goods and passengers are carried by sea. 23 EU Member States are coastal states and 26 are Flag States. EU ship owners manage 30% of the world's vessels and 35% of the global shipping tonnage. Each year, more than 400 million passengers pass through more than a 1.000 European ports. The Framework of the 'Erika Packages' has now added another imperative regulatory level to the existing global legal regime of the International Maritime Organisation (IMO) and to national laws. The EU has reacted to severe marine casualties in EU waters. As a result, almost all aspects of maritime transport and shipping are now regulated by EU Law. The Brussels Commentary on EU Maritime Law provides a comprehensive article-by-article analysis of the most relevant EU Regulations and EU Directives of the shipping sector.

Principles of the Carriage of Goods by Sea (Paperback): Paul Todd Principles of the Carriage of Goods by Sea (Paperback)
Paul Todd
R2,074 Discovery Miles 20 740 Ships in 12 - 19 working days

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

Maritime Law and Practice in China (Paperback): Liang Zhao, Li Lianjun Maritime Law and Practice in China (Paperback)
Liang Zhao, Li Lianjun
R8,120 Discovery Miles 81 200 Ships in 12 - 19 working days

A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People's Court, Higher People's Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.

Air Cargo Insurance (Paperback): Malcolm Clarke, George Leloudas Air Cargo Insurance (Paperback)
Malcolm Clarke, George Leloudas
R7,456 Discovery Miles 74 560 Ships in 12 - 19 working days

Approximately 40 per cent of value of international trade comes from goods carried by air, and the consequences of goods being damaged, destroyed or delayed can be serious, substantial, and perhaps unforeseen. This exciting new book is the only one on the market that deals exclusively with air cargo insurance, and will therefore, be a vital addition to the collection of any practitioner, professional or academic working in the field. Air Cargo Insurance analyses the model policies and standard terms and conditions on the London markets. The authors also provide readers with an invaluable perspective on cases in other jurisdictions, and the book discusses freight forwarders' relations with airlines and addresses the possibility of recovery from third parties. This book, written by two of the leading experts in the field, provides invaluable guidance to practitioners, arbitrators and cargo-claims professionals. It will help to ensure that air cargo insurance contracts are better drafted and enforceable, as well as assisting in cases of disputed claims. Academics and postgraduate students specialising in the areas of in air and insurance law will also find this book extremely useful.

The Law and Autonomous Vehicles (Paperback): Matthew Channon, Lucy McCormick, Kyriaki Noussia The Law and Autonomous Vehicles (Paperback)
Matthew Channon, Lucy McCormick, Kyriaki Noussia
R4,695 Discovery Miles 46 950 Ships in 12 - 19 working days

When will we see autonomous vehicles on our roads? The answer is that to some degree, they are already here. Numerous organisations are testing fully autonomous prototypes on public roads in the UK, and even commercially available vehicles already have several 'quasi-autonomous' features. KPMG has forecasted that the connected and autonomous vehicles market could be worth as much as GBP51 billion to the British economy by 2030 and could create some 30,000 new jobs over the same period. Accordingly, the UK and a number of other jurisdictions are already implementing legal reforms with a view to smoothing the path for this technology. Notably, Parliament has passed the Automated and Electric Vehicles Act 2018 dealing with the insurance of such vehicles, and changes are currently being made to the Road Vehicle (Construction and Use) Regulations 1986 and to the Highway Code to accommodate highly automated technologies. The government has also issued non-statutory guidance in relation to testing on public roads, and in relation to vehicle cybersecurity. Against this rapidly changing landscape, this book analyses the key legal issues facing autonomous vehicles, including testing on public roads, insurance, product liability, and cyber security and data protection. It also examines the approach being taken in other jurisdictions, including Austria, Germany, Greece, Italy, the USA, and South Africa.

The Contract of Carriage - Multimodal Transport and Unimodal Regulation (Paperback): Paula Backden The Contract of Carriage - Multimodal Transport and Unimodal Regulation (Paperback)
Paula Backden
R5,031 Discovery Miles 50 310 Ships in 12 - 19 working days

The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier's liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague-Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier's liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.

Transportation Network Companies and Taxis - The Case of Seattle (Paperback): Craig A Leisy Transportation Network Companies and Taxis - The Case of Seattle (Paperback)
Craig A Leisy
R1,413 Discovery Miles 14 130 Ships in 12 - 19 working days

Transportation Network Companies and Taxis: The Case of Seattle is a modern economic case history and thorough analysis of the devastating impact of the transportation network company (TNC) industry (Uber and Lyft) on the taxicab industry in Seattle, Washington, beginning in 2014. The events that transpired and lessons learned are applicable to most large cities in North America, Europe and Australia. As the regulator of the taxicab and TNC industries in Seattle during this period, the author offers a unique insider perspective. The book also provides internal operating statistics on the TNC industry, which are available here for the first time. Despite the spectacular growth of the TNC industry, growth rates have steadily declined and may fall to zero by 2019 or 2020, while the taxicab industry appears to have begun a modest recovery. This book offers a thorough explanation of how and why this decline has happened. It explains the taxicab industry, economic deregulation, competitive market failure, market disruption, price elasticity of demand and other concepts. There is also a wealth of data, computations and analysis for the specialized reader. This book considers the past, present and future of the taxicab and TNC industries in Seattle, It is recommended for both the general reader and industry professionals.

Offshore Contracts and Liabilities (Paperback): Baris Soyer, Andrew Tettenborn Offshore Contracts and Liabilities (Paperback)
Baris Soyer, Andrew Tettenborn
R10,108 Discovery Miles 101 080 Ships in 12 - 19 working days

Written by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide

Brexit and Aviation Law (Paperback): Jan Walulik Brexit and Aviation Law (Paperback)
Jan Walulik
R806 Discovery Miles 8 060 Ships in 12 - 19 working days

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.

Civil Aviation - Standards and Liabilities (Hardcover): Tim Unmack Civil Aviation - Standards and Liabilities (Hardcover)
Tim Unmack
R5,028 Discovery Miles 50 280 Ships in 12 - 19 working days

This volume looks at the operational standards and obligations in civil aviation, and the consequences of failure to comply with them. It covers a wide range of topics both international and complex in measure.

Air Passenger Rights - Ten Years On (Hardcover): Michal Bobek, Jeremias Adams-Prassl Air Passenger Rights - Ten Years On (Hardcover)
Michal Bobek, Jeremias Adams-Prassl
R3,465 Discovery Miles 34 650 Ships in 12 - 19 working days

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.

Guide to Highway Law for Architects, Engineers, Surveyors and Contractors (Hardcover): R.A O'Hara Guide to Highway Law for Architects, Engineers, Surveyors and Contractors (Hardcover)
R.A O'Hara
R8,384 R6,853 Discovery Miles 68 530 Save R1,531 (18%) Ships in 12 - 19 working days

As a consequence of so much construction work being carried out on or near highways, contractors ignore at their peril the law of highways and the influence it has, or should have, on their working methods and practices. Some knowledge of the law relating to highways is essential to anyone involved in the construction process, including the architect, engineer or surveyor advising a client as to what is possible and the contractor actually carrying out the contract works. By avoiding legal language, this book aims to provide practical guidance from maintenance and improvements to activities related to construction work on or near highways.

Commercial and Maritime Statutes (Hardcover): Simon Picken, Peter MacDonald Eggers Commercial and Maritime Statutes (Hardcover)
Simon Picken, Peter MacDonald Eggers
R8,120 Discovery Miles 81 200 Ships in 12 - 19 working days

This collection of statutes form a reference point for the maritime, commercial and insurance litigator. It covers 35 statutes, some with a commentary and list of key cases to aid with interpretation of the statute.

Corporate Manslaughter in the Maritime and Aviation Industries (Hardcover): Simon Daniels Corporate Manslaughter in the Maritime and Aviation Industries (Hardcover)
Simon Daniels
R5,931 Discovery Miles 59 310 Ships in 12 - 19 working days

This book provides expert analysis of the application of the evolving law in Corporate Manslaughter as it relates to the Maritime and Aviation industries. It will prove to be a useful tool for practitioners and students in this specialised area, as well as those working in the maritime and aviation industries, such as those who will be accountable under the Corporate Manslaughter Act 2007; the Masters and Pilots who manage the risks; and the insurers who underwrite the cost of the risks. The author will discuss areas such as: The liability towards passengers and employees The Prosecution of offenders Comparative analysis of corporate manslaughter in the wider, global industry

Highway Law (Hardcover, 6th edition): Stephen Sauvain, Ruth Stockley, Ned Westaway Highway Law (Hardcover, 6th edition)
Stephen Sauvain, Ruth Stockley, Ned Westaway
R10,476 Discovery Miles 104 760 Ships in 9 - 17 working days

Highway Law is a popular and well-established text covering all aspects of the law governing highways. This new edition provides a detailed and practical commentary of the law relating to the creation, upkeep, development and ownership of highways, including the powers and duties of highway authorities, the rights of users of the highway and the rights and responsibilities of those who own land adjoining the highway. Provides the reader with a complete reference to the law governing highways Delivers clear and practical guidance, written in a straightforward and accessible style Addresses matters of particular interest to practitioners including the creation, maintenance and improvement of highways, stopping up and diversion orders, traffic regulation orders, street works, footpaths, bridleways, restricted byways and bridges Deals with relevant Human Rights Act and Public Sector Equality Duty issues impacting on highway law The text and Appendices deal with specific differences in the law applicable to London and to Wales Incorporates the latest legislative and case-law developments New to the Sixth Edition A detailed treatment of the right of access to coastal land and margins Changes brought about by virtue of the Infrastructure Act 2015, the Deregulation Act 2015, and the Cities and Government Devolution Act 2016 Commentary on recent judicial decisions including the Supreme Court decisions in Southwark LBC v Transport for London [2018] UKSC 63 and DPP v Ziegler [2021] UKSC 23 and the Court of Appeal decisions in Barlow v Wigan MBC [2020] EWCA Civ 696 and Garland v Secretary of State for Environment, Food and Rural Affairs [2021] EWCA Civ 1098 About the authors Stephen Sauvain QC is the author of the five previous editions of this work as well as being a contributor to and former editor of the Encyclopedia of Highway Law and Practice. Ruth Stockley is the current General Editor of the Encyclopedia of Highway Law and Practice and a member of Kings Chambers in Manchester with an extensive planning, local government and highways practice. Ned Westaway is a member of chambers at Francis Taylor Building in London and is an experienced practitioner in the fields of public, environmental and highway law.

Frontiers of Aerospace Law (Hardcover, New Ed): Ruwantissa I.R. Abeyratne Frontiers of Aerospace Law (Hardcover, New Ed)
Ruwantissa I.R. Abeyratne
R5,036 Discovery Miles 50 360 Ships in 12 - 19 working days

Aerospace law is seeing a gradual merger between the two previously isolated regimes of human conduct pertaining separately to air and to space law. The use of information technology is arguably the foremost compelling force responsible for the unity of the aviation and space activities of man. It is therefore inevitable that information technology, computer law and the laws pertaining to State and individual responsibility are inextricably intertwined in a net of legal issues which would emerge in this new millennium. Frontiers of Aerospace Law introduces such issues as challenges to be addressed, both as corollaries and concomitants to this fundamental and overriding trend in the merger between air and space law. The issues range in space from legal liabilities pertaining to extra-terrestrial intelligence; environmental pollution in outer space; conduct of persons in outer space; to cyber crimes affecting outer space activities; and in air law, issues such as aircraft noise; economic trends of airports and air navigation services; funding for aviation safety projects; and emergent aero-medical issues and privacy of airline pilots. Its recommendations are geared to look future reality directly in the face and find legal solutions. In the realm of public international law, remedial measures are almost non-existent in the field of aerospace law, except for a solid foundation given to the Council of the International Civil Aviation Organization to hear disputes between States on matters relating to civil aviation, a facility which has so far scarcely been used in the Organization's 55 year old history. Apart from a few provisions in the various space law conventions, there is no single coherent settlement mechanism at space law. The increasingly rapid proliferation of space activities in the coming years and their diversity leave no room for doubt that new laws will have to be put into place and new mechanisms to combat problems will have to be carefully thoug

Commercial and Maritime Statutes (Paperback): Simon Picken, Peter MacDonald Eggers Commercial and Maritime Statutes (Paperback)
Simon Picken, Peter MacDonald Eggers
R8,093 Discovery Miles 80 930 Ships in 12 - 19 working days

This collection of statutes form a reference point for the maritime, commercial and insurance litigator. It covers 35 statutes, some with a commentary and list of key cases to aid with interpretation of the statute.

European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) 2021 including the... European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) 2021 including the annexed regulations, applicable as from 1 January 2021 (Paperback)
United Nations Economic Commission for Europe Inland Transport Committee
R5,648 R4,795 Discovery Miles 47 950 Save R853 (15%) Ships in 12 - 19 working days

The European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) done at Geneva on 26 May 2000 under the auspices of the United Nations Economic Commission for Europe (UNECE) and the Central Commission for Navigation on the Rhine (CCNR) has been in force since February 2008. This version has been prepared on the basis of amendments applicable as from 1 January 2019. The Regulations annexed to the ADN contain provisions concerning dangerous substances and articles, their carriage in packages and in bulk on board inland navigation vessels or tank vessels, as well as provisions concerning the construction and operation of such vessels. They also address requirements and procedures for inspections, the issue of certificates of approval, recognition of classification societies, monitoring, and training and examination of experts. They are harmonized to the greatest possible extent with the dangerous goods agreements for other modes of transport.

Fundamentals of International Aviation Law and Policy (Paperback): Benjamyn I Scott, Andrea Trimarchi Fundamentals of International Aviation Law and Policy (Paperback)
Benjamyn I Scott, Andrea Trimarchi
R1,354 Discovery Miles 13 540 Ships in 12 - 19 working days

Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book dynamically covers the major areas of international aviation law, and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the international and, if any, the European applicable legislation. Delivery of these aims is attained through a dynamic and balanced use of didactic instruments and immediate information. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also aims to constitute a useful reference material for those who are familiar with legal terminology and aviation specifics.

Drone Law and Policy - Global Development, Risks, Regulation and Insurance (Paperback): Anthony A. Tarr, Julie-Anne Tarr,... Drone Law and Policy - Global Development, Risks, Regulation and Insurance (Paperback)
Anthony A. Tarr, Julie-Anne Tarr, Maurice Thompson, Jeffrey Ellis
R1,613 Discovery Miles 16 130 Ships in 12 - 19 working days

Drone Law and Policy describes the drone industry and its evolution, describing the benefits and risks of its exponential growth. It outlines the current and proposed regulatory framework in Australia, the United States, the United Kingdom and Europe, taking into consideration the current and evolving technological and insurance landscape. This book makes recommendations as to additional regulatory and insurance initiatives which the authors believe are necessary to achieve an effective balance between the various competing interests. The 23 chapters are written by global specialists on crucial topics, such as terrorism and security, airport and aircraft safety, maritime deployment, cyber-risks, regulatory oversight, licensing, standards and insurance. This book will provide authoritative reference and expert guidance for regulators and government agencies, legal practitioners, insurance companies and brokers globally, as well as for major organisations utilising drones in industrial applications.

Fundamentals of International Aviation Law and Policy (Hardcover): Benjamyn I Scott, Andrea Trimarchi Fundamentals of International Aviation Law and Policy (Hardcover)
Benjamyn I Scott, Andrea Trimarchi
R4,582 Discovery Miles 45 820 Ships in 12 - 19 working days

Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book dynamically covers the major areas of international aviation law, and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the international and, if any, the European applicable legislation. Delivery of these aims is attained through a dynamic and balanced use of didactic instruments and immediate information. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also aims to constitute a useful reference material for those who are familiar with legal terminology and aviation specifics.

Aviation Security Law (Paperback, 2010 ed.): Ruwantissa Abeyratne Aviation Security Law (Paperback, 2010 ed.)
Ruwantissa Abeyratne
R3,022 Discovery Miles 30 220 Ships in 10 - 15 working days

Aviation is an important global business and a signi?cant driver of the global economy. Itisvital,therefore,thatstringentmeasuresaretakentocounteractsof unlawfulinterferencewithcivilaviation. TheConventiononInternationalCivil AviationsignedatChicagoon7December1944,statesinitsPreamblethatwhereas thedevelopmentofcivilaviationmayhelppreservefriendshipandunderstanding amongthepeopleoftheworld,yet,itsabusecouldbecomeathreattogeneral security. Thegenealogyoftheterm"Terrorism"liesinLatinterminologymeaning"to causetotremble"(terrere). Sincethecatastrophiceventsof11September2001, we have seen stringent legal measures taken by the United States to attack terrorism,notjustcurbit. Thefamousphrase"waronterror"denotespre-emptive andpreventivestrikescarriedoutthroughapplicableprovisionsoflegitimately adoptedprovisionsoflegislation. TheearliestexampleistheAirTransportation Safety and System Stabilization Act (ATSAA)enactedbyPresidentBushless thantwomonthsafterthe9/11attacks. Then,twomonthsaftertheattacks,in November2001,CongresspassedtheAviationandTransportationSecurityAct (ATSA)withaviewtoimprovingsecurityandclosingthesecurityloopholes whichexistedonthatfatefuldayinSeptember2001. Thelegislationpavedthe wayforahugefederalbodycalledtheTransportationSecurityAdministration (TSA) which was established within the Department of Transportation. The HomelandSecurityActof2002whichfollowedeffectedasigni?cantreorga- zationoftheFederalGovernment. Allthisgoestoshowthatthelawplaysasigni?cantroleinensuringaviation security. Thisbookaddressesnewandemergingthreatstocivilaviation;evaluates securitytoolsnowinusesuchasthePublicKeyDirectory,AdvancePassenger Information,PassengerNameRecordandMachineReadabletraveldocumentsin the context of their legal and regulatory background; and discusses applicable securitytreatieswhileprovidinganinsightintotheprocessofthesecurityaudits conductedbytheInternationalCivilAviationOrganization(ICAO). v vi Preface ThebookalsoexaminesissuesoflegalresponsibilityofStatesandindividuals forterroristactsofthirdpartiesagainstcivilaviationanddiscussesfromalegal perspectivethelatestliabilityConventionsadoptedatICAO. TheConclusionof thebookprovidesaninsightintotheapplicationoflegalprinciplesthroughrisk management. Sincethewritingofthisbook,theauthor publishedthreefeature articles entitled, The NW Flight 253 and the Global Framework of Aviation Security(AirandSpaceLaw,Volume35Issue2April2010167-Aviation is an important global business and a signi?cant driver of the global economy. Itisvital,therefore,thatstringentmeasuresaretakentocounteractsof unlawfulinterferencewithcivilaviation. TheConventiononInternationalCivil AviationsignedatChicagoon7December1944,statesinitsPreamblethatwhereas thedevelopmentofcivilaviationmayhelppreservefriendshipandunderstanding amongthepeopleoftheworld,yet,itsabusecouldbecomeathreattogeneral security. Thegenealogyoftheterm"Terrorism"liesinLatinterminologymeaning"to causetotremble"(terrere). Sincethecatastrophiceventsof11September2001, we have seen stringent legal measures taken by the United States to attack terrorism,notjustcurbit. Thefamousphrase"waronterror"denotespre-emptive andpreventivestrikescarriedoutthroughapplicableprovisionsoflegitimately adoptedprovisionsoflegislation. TheearliestexampleistheAirTransportation Safety and System Stabilization Act (ATSAA)enactedbyPresidentBushless thantwomonthsafterthe9/11attacks. Then,twomonthsaftertheattacks,in November2001,CongresspassedtheAviationandTransportationSecurityAct (ATSA)withaviewtoimprovingsecurityandclosingthesecurityloopholes whichexistedonthatfatefuldayinSeptember2001. Thelegislationpavedthe wayforahugefederalbodycalledtheTransportationSecurityAdministration (TSA) which was established within the Department of Transportation. The HomelandSecurityActof2002whichfollowedeffectedasigni?cantreorga- zationoftheFederalGovernment. Allthisgoestoshowthatthelawplaysasigni?cantroleinensuringaviation security. Thisbookaddressesnewandemergingthreatstocivilaviation;evaluates securitytoolsnowinusesuchasthePublicKeyDirectory,AdvancePassenger Information,PassengerNameRecordandMachineReadabletraveldocumentsin the context of their legal and regulatory background; and discusses applicable securitytreatieswhileprovidinganinsightintotheprocessofthesecurityaudits conductedbytheInternationalCivilAviationOrganization(ICAO). v vi Preface ThebookalsoexaminesissuesoflegalresponsibilityofStatesandindividuals forterroristactsofthirdpartiesagainstcivilaviationanddiscussesfromalegal perspectivethelatestliabilityConventionsadoptedatICAO. TheConclusionof thebookprovidesaninsightintotheapplicationoflegalprinciplesthroughrisk management. Sincethewritingofthisbook,theauthor publishedthreefeature articles entitled, The NW Flight 253 and the Global Framework of Aviation Security(AirandSpaceLaw,Volume35Issue2April2010167-182);TheUse of Full Body Scanners and Their Legal Implications; and The Use of Forged PassportsforActsofCriminality(bothofwhichcouldbeaccessedthroughthe webpageoftheJournalofTransportationSecurity(Springer). Thesethreearticles formausefuladjuncttothisbook. Montreal,CA RuwantissaAbeyratne Contents 1 ASecurityCulture ...1 A. ARisk-BasedApproach ...1 B. TheICAOResponse ...2 I. TheICAOHigh-LevelMinisterialConference ...2 II. PostConferenceWork ...7 C. EmergingThreats ...9 I. Probability ...9 II. ReactingtoProbability ...10 III. Deterrence ...13 IV. ProblemsofDeterrence ...14 V. ThreatAssessmentinICAO ...16 VI. TheAVSECPanel ...19 VII. Bioterrorism ...21 VIII. Cyber-Terrorism ...24 IX. MANPADS ...25 X. TheDiverseNatureofMissileAttacks ...29 XI. InstallationofanAnti-missileSystem ...32 XII. ThePerimeterGuard ...32 XIII. InternationalAccord ...33 XIV. OtherCurrentThreats ...36 References ...3 6 2 PrinciplesofResponsibility ...39 A. StateResponsibility ...39 I. PrinciplesofStateResponsibility ...42 II. TheTheoryofComplicity ...42 III. MechanismsforExtraditionofOffenders: TheLockerbieCase ...43 IV. TheCondonationTheory ...48 V. TheRoleofKnowledge ...51 vii viii Contents VI. Pro?lingofPassengers ...54 VII. AirportPro?ling ...55 VIII. Pro?lingandtheRightofPrivacy ...58 B. OtherAspectsofResponsibility ...61 I. PreludetotheRomeConventionof1952 ...61 II. TheRomeConventionof1952 ...66 C. TheRomeConventionof1952 ...70 I. Background ...70 II. Insurance ...71 III. ProvisionsoftheConvention ...

The Carrier's Liability for Deck Cargo - A Comparative Study on English and Nordic Law with General Remarks for Future... The Carrier's Liability for Deck Cargo - A Comparative Study on English and Nordic Law with General Remarks for Future Legislation (Paperback, 2015 ed.)
Lina Wiedenbach
R2,135 Discovery Miles 21 350 Ships in 10 - 15 working days

This book deals with the carrier's liability for deck cargo in the Nordic countries and England as state parties of the Hague-Visby Rules. The comparative method serves to illustrate two widely differing methods of dealing with, first, the exclusion of certain deck cargo from the scope of the Hague-Visby Rules and, second, where not excluded, the Rules failure to include a special deck cargo liability regime. Various solutions similar to the English or Nordic approach, or a combination of the two, have also been adopted in a large number of other jurisdictions. Taking into consideration the massive quantities of cargo that are carried on deck today, the subject is more topical than ever. The complexity of the problem stems from the way in which the deck has, over the years, gradually become a common place to stow cargo. When the Hague Rules were introduced in 1924, deck stowage was an absolute exception due to the great risks involved. As such, the topic must first be looked at in the context of the shipping realities in which the Hague Rules were drafted and then in terms of today's shipping realities. The comparative analysis leading up to the author's conclusions and general remarks for future legislation consists of two parts, the first dealing with the situations in which the carrier is permitted to stow cargo on deck, and the second with the carrier's liability for deck cargo where he has stowed cargo on deck with, or as the case may be, without such permission.

Aeronomics and Law - Fixing Anomalies (Paperback, 2012 ed.): Ruwantissa Abeyratne Aeronomics and Law - Fixing Anomalies (Paperback, 2012 ed.)
Ruwantissa Abeyratne
R3,020 Discovery Miles 30 200 Ships in 10 - 15 working days

This book embarks on a contemporary analysis of the interaction of economics and law relating to air transport, delving into the major issues that plague the industry. It shows how some of the thorny and frustrating issues could be approached sensibly. Among the issues discussed are the anomaly of exponential growth of air transport which makes airline profitability continue to be poor; the legislative impediments in most countries that preclude direct foreign investment in the industry; the confounding and muddled mess behind the economics of aircraft engine emissions; and the inexplicable reality that, although civil aviation is primarily meant to meet the needs of the people of the world, State regulators have upended the equation and given priority to national interests over the interests of the passenger. The book will be of interest to economists and lawyers alike who deal with air transport issues, and also to academics and students in the area of transportation as well as regulators and airlines.

Air Navigation Law (Paperback, 2012 ed.): Ruwantissa Abeyratne Air Navigation Law (Paperback, 2012 ed.)
Ruwantissa Abeyratne
R3,018 Discovery Miles 30 180 Ships in 10 - 15 working days

The aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes;efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation."

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