Aviation Safety Through The Rule Of Law
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Aviation Safety Through The Rule Of Law
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Author : Jiefang Huang
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Aviation Safety Through The Rule Of Law written by Jiefang Huang and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Flight is inherently a risky venture, carried out in a hostile environment at great speed. Realistically and regrettably, a commitment to aviation safety can achieve no more than 'as few accidents as possible'. Moreover, the tragic events of 11 September 2001 have conclusively demonstrated that aviation safety goes beyond accident prevention from a technical point of view and extends to more profound political, strategic and legal dimensions. Accordingly, aviation safety requires a multidisciplinary approach: technical, economic, managerial, and legal. This ground-breaking study analyzes, from a legal point of view, the mandate of the International Civil Aviation Organization (ICAO) relating to aviation safety in the light of changes which have taken place since the conclusion of the Chicago Convention, including the expansion of the international civil aviation community, the liberalization of the aviation industry, the introduction of new technology, and existing as well as new and emerging terrorist threats. The author clearly demonstrates that ICAO, as the worldwide governmental organization for international civil aviation, should be allowed a more proactive role in enhancing aviation safety. Describing in great detail the contributions of ICAO to the global safety regime and mechanisms, he submits effective ways to rationalize ICAO's quasi-legislative and enforcement functions in order to enhance aviation safety through the rule of law. Among the important topics arising in the course of the analysis are the following: global ramifications of national and regional initiatives; auditing of state compliance with international standards; characterization of crimes against the safety of civil aviation; importance of ensuring that safety requirements are not compromised by profit considerations; burgeoning of airline alliances, code-sharing and outsourcing activities; demands for simplification and unification of certain regulatory procedures; prohibition of the use of weapons against civil aircraft in flight; development of new technology, such as satellite-based navigation systems; and importance of the rule of law and the system of checks and balances in international organizations. As a plea to consider civil aviation safety obligations not only as merely contractual obligations between States but as obligations owed to the international community as a whole, this book is sure to give rise to far-reaching discussions and follow-up among policymakers and the interested legal community in the years to come.
Global Governance Of Civil Aviation Safety
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Author : Nilgun Ozgur
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-30
Global Governance Of Civil Aviation Safety written by Nilgun Ozgur and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-30 with Law categories.
This book indicates the shortcomings of the current international legal system and customary international norms that govern international aviation law to comply with contemporary air transport market realities. As the air transport market develops globally, the safety regime of civil aviation should also be governed and applied globally. In this book, the author departs from current international legal norms to examine the emerging legal field of global administrative law. Through that lens, the possibility of reconstructing the set of legal mechanisms that govern domestic and international administrative interaction in the global field of aviation safety is explored. This book demonstrates that a legal system is never complete but always develops in tandem with changing needs, i.e. the participation of the affected parties. Exploring the principles of GAL theory contributes to addressing the contemporary legal issues relating to state compliance with international aviation safety standards that would otherwise not be covered by customary international law. In particular, the principles of GAL theory regarding global governance and the ‘public’ character of global regulations, the role of individuals and states in global governance, and state sovereignty are considered valuable contributions to contemporary global aviation safety issues in practice. It is asserted in this book that proper checks and balances in global aviation safety can be improved by making these accessible to individuals by way of national courts. Finally, establishing public awareness of global aviation safety standards will eventually create greater pressure on states to implement and enforce them. This book is in an area increasing academic and research interest of practitioners of public international aviation law, global administrative law, global governance, and global aviation safety, global air transport market regulations.
The Just Culture Principles In Aviation Law
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Author : Francesca Pellegrino
language : en
Publisher: Springer Nature
Release Date : 2019-09-09
The Just Culture Principles In Aviation Law written by Francesca Pellegrino and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-09 with Law categories.
This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.
Aviation Security Law
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Author : Ruwantissa Abeyratne
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-06-14
Aviation Security Law written by Ruwantissa Abeyratne and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-14 with Law categories.
The law plays a significant role in ensuring aviation security. This book addresses new and emerging threats to civil aviation; evaluates security tools now in use such as the Public Key Directory, Advance Passenger Information, Passenger Name Record and Machine Readable travel documents in the context of their legal and regulatory background; and discusses applicable security treaties while providing an insight into the process of the security audits conducted by the International Civil Aviation Organization (ICAO). The book also examines issues of legal responsibility of States and individuals for terrorist acts of third parties against civil aviation and discusses from a legal perspective the latest liability Conventions adopted at ICAO. The Conclusion of the book provides an insight into the application oflegal principles through risk management.
Aviation Security
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Author : Ruwantissa I.R. Abeyratne
language : en
Publisher: Routledge
Release Date : 2018-12-13
Aviation Security written by Ruwantissa I.R. Abeyratne and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Social Science categories.
Published in 1998. The various conventions which apply to the subject of unlawful interface with civil aviation have proved effective only to the extent of nurturing existing values of international law as they are restrictively perceived through the parameters of air law. This book examines the offence of unlawful interference with international civil aviation and analyses critically the legal and regulatory regime that applies thereto, with a view to recommending measures that are calculated to infuse a new approach to the problem. Emphasis is laid throughout the work on action which may be taken to alleviate the problem of unlawful interference. Its conclusion incorporates various steps that can be taken towards achieving this objective. The author focuses on the core of the problem which has effectively precluded significant progress into inroads that would curb the threat terrorism in aviation: the attitude of the international community. The book therefore examines in limine the fundamental role of international law in the light of the United Nationals Congress of International Public Law of March 1995, and its effect on international criminal law. It then determines the applicable principles of State sovereignty and examines the principles of State responsibility. Its main purpose is to recommend the establishment of a new philosophy of international criminal law which transcends municipal boundaries. Academic, scholarly and judicial precedent for this book is the adduced in support of this argument. The book also examines the role of International Civil Aviation Organization (ICAO) as the regulatory body responsible for civil aviation, in the context of new approaches made by the international community towards the status of ICAO in aviation security. The practical value of this work essentially lies in the legal recommendations it makes at its conclusion, which are based on existing principles of international law. It will thus be invaluable not only to international and aviation lawyers, criminal lawyers (both international and national), security professionals and teachers and students of international law, but also to aviation industry executives and regulatory agency specialists whose responsibilities impinge on or are determined by existing and evolving legal and security measures.
Aviation Law Review
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Author : Sean Gates
language : en
Publisher: Law Business Research Ltd.
Release Date : 2017-09-21
Aviation Law Review written by Sean Gates and has been published by Law Business Research Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-21 with categories.
The Aviation Law Review, edited by Sean Gates of Gates Aviation LLP, is a vital addition for the libraries of those with commercial, legal or academic interest in international aviation law. Topics examined range from Brexit, the European Aviation Safety Agency, lithium batteries to unmanned aerial vehicles and the regulation that can barely keep up with their proliferation. There are in-depth examinations of aviation in law in 34 jurisdictions with contributors including: USA - Garrett J Fitzpatrick/James W Hunt/Mark Irvine, Fitzpatrick & Hunt, Pagano, Aubert LLP; UK - Robert Lawson, Quadrant Chambers; Spain - Diego Garrigues, The Air Law Firm; Belgium - Cyril-Igor Grigorieff/ Mr Dimitri de Bournonville, Kennedy's
International Aviation Law
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Author : Ron Bartsch
language : en
Publisher: Routledge
Release Date : 2016-05-23
International Aviation Law written by Ron Bartsch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law from criminal law to contract law to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for aviation practitioners and enthusiasts.
Global Governance Of Aviation Safety
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Author : Nilgun Ozgur
language : en
Publisher:
Release Date : 2022-10
Global Governance Of Aviation Safety written by Nilgun Ozgur and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10 with categories.
"This book indicates the shortcomings of the current international legal system and customary international norms that govern international aviation law to comply with contemporary air transport market realities. As the air transport market develops globally, the safety regime of civil aviation should also be governed and applied globally. In this book, the author departs from current international legal norms to examine the emerging legal field of global administrative law. Through that lens, the possibility of reconstructing the set of legal mechanisms that govern domestic and international administrative interaction in the global field of aviation safety is explored. This book demonstrates that a legal system is never complete but always develops in tandem with changing needs, i.e. the participation of the affected parties. Exploring the principles of GAL theory contributes to addressing the contemporary legal issues relating to state compliance with international aviation safety standards that would otherwise not be covered by customary international law. In particular, the principles of GAL theory regarding global governance and the 'public' character of global regulations, the role of individuals and states in global governance, and state sovereignty are considered valuable contributions to contemporary global aviation safety issues in practice. It is asserted in this book that proper checks and balances in global aviation safety can be improved by making these accessible to individuals by way of national courts. Finally, establishing public awareness of global aviation safety standards will eventually create greater pressure on states to implement and enforce them. This book is in an area increasing academic and research interest of practitioners of public international aviation law, global administrative law, global governance, and global aviation safety, global air transport market regulations"--
Foundations Of Aviation Law
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Author : Michael W. Pearson
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2015-02-28
Foundations Of Aviation Law written by Michael W. Pearson and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-28 with Law categories.
Foundations of Aviation Law is an easy-reading general primer into the often complex world of aviation law, written for aviation students as well as legal professionals who are looking for broad-based, introductory coverage of the subject. The text begins with basic legal concepts that build a foundation for in-depth exploration of aviation-specific subject matter. This allows the instructor to utilize one text in situations where a basic foundation in law is required before moving into aviation law specifics. It includes citations to relevant and key court decisions that provide a solid underpinning for the student of aviation law. The book is divided into six general categories, with fifteen relevant sub-chapters, allowing focused learning into particular areas of law. Throughout it features chapter summaries, key word indices and review questions. The design easily allows instructors to develop syllabi that spotlight the specific area of law that they are interested in exploring, providing comprehensive coverage of both traditional introductory legal concepts and topical aviation subject matter.
Air Navigation Law
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Author : Ruwantissa Abeyratne
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-03-05
Air Navigation Law written by Ruwantissa Abeyratne and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-05 with Law categories.
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.