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The Resolution of Inter-State Disputes in Civil Aviation (Hardcover)
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The Resolution of Inter-State Disputes in Civil Aviation (Hardcover)
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In this book, Dr Luping Zhang investigates dispute resolution
mechanisms in international civil aviation with a primary focus on
the functions of the International Civil Aviation Organization
(ICAO) Council. The ICAO was created as a result of the Convention
on International Civil Aviation (Chicago Convention) laying the
foundations for these dispute resolution mechanisms in
international civil aviation, although it neglected to cover
economic regulations. Over the years there has been a proliferation
of bilateral Air Services Agreements (ASA)s and multilateral
treaties. With the advancement of aviation technology, The
Resolution of Inter-State Disputes in Civil Aviation considers
whether dispute resolution mechanisms should be modernised, and if
so, what form this modernisation might take. It explores this
through five chapters: the first chapter defines the scope of the
research and introduces the methodology. The second chapter traces
the evolution of dispute resolution clauses under both multilateral
air law treaties and bilateral ASAs, with the most up-to-date data.
The third chapter analyses how disputes brought forward in relation
to the treaties in Chapter II are resolved in practice. The fourth
chapter builds on empirical evidence to critically assesses the
political and legal implications of settling international aviation
disputes. The final chapter proposes a model for reform based on
this cumulative research, introducing a proposal for amending rules
and procedures in the ICAO, as well as for the establishment of a
new arbitral institution.
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