The Law Of Airspace
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The Law And Policy Of Air Space And Outer Space
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Author : Peter P. C. Haanappel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
The Law And Policy Of Air Space And Outer Space written by Peter P. C. Haanappel 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 2003-01-01 with Law categories.
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.
The Law Of Airspace
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Author : Robert R. Wright
language : en
Publisher: MICHIE
Release Date : 1968
The Law Of Airspace written by Robert R. Wright and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Airspace (Law) categories.
This book is concerned with property rights in airspace, a subject which has increasing importance in the urban setting. This is a book not only on the law which affects the utilization of airspace, but also on the methods and instruments employed in airspace transactions as such. In terms of the law invovled, as revealed in applicable cases and statutes, the historical background and the basis of the legal siutation as it exists today are discussed. A major part of this discussion involes aviation and the problem of the airport and the landowners who surround it. Similarly, the modern-day condominium, as provided for in recent statutory enactments, and its common law analogy, the 'upper chamber', are examined. Consideration is given in one chapter to some of the particular legal problems which may affect airspace utilization in certain jurisdictions. Also, the socio-economic trends and tendencies which affect law generally and the law of airspace in particular are considred at one one point. The discussion and the materials on airspace transactions are found in the latter part of the book. Since the economics of a particular situation are vital in determining whether airspace utilization is feasible, this aspect is also considered in a chapter dealing with the valuation of airspace. How airspace utilization meshes with the goals of city planners is also briefly considered.
Freedom Of Overflight
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Author : Merinda E. Stewart
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-10-25
Freedom Of Overflight written by Merinda E. Stewart 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 2021-10-25 with Law categories.
Freedom of overflight is in large part uncontroversial. However, several recent international disputes and subsequent scrutiny of the exercise of coastal State jurisdiction in international airspace have highlighted the problematic legal nature of this freedom – namely, how a State’s ‘creeping jurisdiction’ may encroach upon the rights of other States. This groundbreaking book examines in depth the ambiguous areas at the nexus of air law and the law of the sea with respect to the balance between coastal State jurisdiction and freedom of overflight, thus providing greater legal certainty regarding State actions involving overflight in international airspace. The author identifies and thoroughly examines three highly salient matters impacting overflight in international waters: the right of a State to establish safety zones around maritime constructions and the legitimacy of extending these safety zones to the airspace; what, if anything, under international civil aviation law specifically, prohibits a State from discriminating against the aircraft of another State in international airspace within its flight information region; and whether air defence identification zones can be justified as customary international law. Also considered is the law of the sea concerning transit passage through international straits and archipelagic sea lanes as applied to airspace users. This is the first detailed study of overflight to combine the perspectives of international civil aviation law and the law of the sea. As such, it presents a comprehensive analysis of the legality of attempts by coastal States to exercise jurisdiction in international airspace over aircraft registered in other States, thus taking a giant step towards determining what freedom of overflight entails by establishing its legitimate limitations. It will be welcomed by practitioners, policymakers, and academics concerned with international transportation, national defence, international trade, and other areas of international law.
Public International Law In The Airspace Of The High Seas
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Author : Nicholas Grief
language : en
Publisher: Springer
Release Date : 1994-09-22
Public International Law In The Airspace Of The High Seas written by Nicholas Grief and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-09-22 with Law categories.
In 1968, the American scholar John Cobb Cooper stated that too little attention has been given to the legal control of flight above the high seas which cover a large percentage of the earth's surface. With certain notable exceptions this has remained true despite the acknowledged commercial, strategic and environmental significance of the airspace over the high seas.
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.
Who Owns The Sky The Struggle To Control Airspace From The Wright Brothers On
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Author : Stuart Banner
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Who Owns The Sky The Struggle To Control Airspace From The Wright Brothers On written by Stuart Banner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological innovation and the law.
Sovereignty And Jurisdiction In Airspace And Outer Space
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Author : Gbenga Oduntan
language : en
Publisher: Routledge
Release Date : 2011-09-12
Sovereignty And Jurisdiction In Airspace And Outer Space written by Gbenga Oduntan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-12 with Law categories.
Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.
Studies In International Air Law
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Author : Chia-Jui Cheng
language : en
Publisher: BRILL
Release Date : 2017-10-30
Studies In International Air Law written by Chia-Jui Cheng and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-30 with Law categories.
Studies in International Air Law: Selected Works of Bin Cheng brings together for the first time the most influential of his many significant works. The selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on board and against aircraft and air carrier's liability. Widely acknowledged as the \'Father of International Air Law," Studies in International Air Law reveals the author's enormous contributions to the science of air law along with his extraordinary intellectual and analytical spirit.
The International Civil Operations Of Unmanned Aircraft Systems Under Air Law
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Author : Luis Fernando Fiallos Pazmiño
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
The International Civil Operations Of Unmanned Aircraft Systems Under Air Law written by Luis Fernando Fiallos Pazmiño 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 2020-12-10 with Law categories.
Aviation Law and Policy Series # 19 The incursion of unmanned aircraft systems (UAS) is radically reshaping the future of international civil aviation. As the civil uses of UAS increase and the technology matures in parallel, questions around the associated legal implications remain unanswered, even in such fundamental legal regimes of international civil aviation as airspace, aircraft, international air navigation, international air transport, and safety. This book – the first to consider international law and regulations to cross-border civil flights of UAS – explores current legal and regulatory frameworks from the perspective of how they may facilitate the operations of UAS. The author, a well-known air law practitioner and diplomat, identifies the legal challenges and proposes sound, well-informed measures to tackle those challenges. The book explores comprehensively the means of incorporating UAS within the arena of air law while stimulating further research and debate on the topic. Analysis of the cross-border operations of UAS focuses on aspects relevant to their immediate future, and address such questions as the following: What processes are currently in place? What factors require attention? What aspects particularly influence the future of UAS? Is the current international legal framework adequate to ensure the operation and development of UAS while preserving high levels of safety? How will artificial intelligence impact the civil operations of UAS? The author’s analyses draw on relevant initiatives in existing and proposed Standards and Recommended Practices for the operation of UAS on cross-border flights, as well as States’ regulation of UAS within their national airspace. Also described are the main bilateral and multilateral air services and transport agreements with respect to their application to the operation of UAS. Given the escalating need to adopt a comprehensive international regulatory framework for the operation of UAS aimed at facilitating its safe and efficient integration – even as the technology advances and continues to outpace law while the potential for incidents involving UAS grows – this book is well timed to meet the challenge for States and International Civil Aviation Organization and airspace planners. Its innovative approaches to the management of the air traffic safety and security of UAS are sure to influence the development of regulations for civil UAS. The book will be welcomed by aviation regulators, interested international and regional organisations, research organisations, aviation lawyers, and academics in international law and air law.
The Use Of Airspace And Outer Space For All Mankind In The 21st Century
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Author : Chia-Jui Cheng
language : en
Publisher: BRILL
Release Date : 2023-07-24
The Use Of Airspace And Outer Space For All Mankind In The 21st Century written by Chia-Jui Cheng and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
The very nature of international air transportation and outer space activities means that they have an international perspective. This is more evident today than at any time in the past, due to the intensification of trans-boundary trade, the internationalization of the division of work and the acceleration of technological progress. The Asian Institute of Air and Space Law, the Graduate School of Law, Soochow University, Taipei, the International Institute of Air and Space Law, Leiden University, and the Institute of Air and Space Law, McGill University, have instituted international conferences in order to provide a world platform for eminent specialists and scholars. The Tokyo Conference, upon which this excellent collection of papers is based, was concerned with a wide range of legal and practical questions arising from regulatory developments in international air transportation and in the exploration, exploitation and use of outer space and celestial bodies. The main topics of deliberation were: megacarriers in the 21st century, the need to revise the Bermuda Capacity Formula and the Chicago Convention, liability and responsibility in international aviation, safety, security and environment, airline industry competition, legal and political aspects of space transportation and manned space flights, the protection of the space environment and dispute settlement in air and space law. They are discussed in this volume with unparalleled authority.