The Resolution Of Inter State Disputes In Civil Aviation


The Resolution Of Inter State Disputes In Civil Aviation
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The Resolution Of Inter State Disputes In Civil Aviation


The Resolution Of Inter State Disputes In Civil Aviation
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Author : Luping Zhang
language : en
Publisher: Oxford University Press
Release Date : 2022

The Resolution Of Inter State Disputes In Civil Aviation written by Luping Zhang and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.


"This book investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral air services agreements (ASAs) and the multiplication of multilateral treaties. With the advancement of the aviation technology, this book considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take. The book is divided into five chapters. Chapter I provides an introduction and defines the scope of the research. Chapter II is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. Chapter III analyses how disputes brought to the fora designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in ICAO as well as establishing a new arbitral institution"--



The Resolution Of Inter State Disputes In Civil Aviation


The Resolution Of Inter State Disputes In Civil Aviation
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Author : Luping Zhang
language : en
Publisher: Oxford University Press
Release Date : 2022-01-06

The Resolution Of Inter State Disputes In Civil Aviation written by Luping Zhang and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-06 with Law categories.


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.



Sustainable Development International Aviation And Treaty Implementation


Sustainable Development International Aviation And Treaty Implementation
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Author : Armand L.C. de Mestral
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-06

Sustainable Development International Aviation And Treaty Implementation written by Armand L.C. de Mestral and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-06 with Law categories.


The international community has succeeded in developing rules to limit greenhouse gas emissions in the atmosphere from international civil aviation. This book examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law.



Islamic Law And International Law


Islamic Law And International Law
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Author : Emilia Justyna Powell
language : en
Publisher: Oxford University Press, USA
Release Date : 2019

Islamic Law And International Law written by Emilia Justyna Powell and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--



Guidance On The Implementation Of Article 83 Bis Of The Convention On International Civil Aviation


Guidance On The Implementation Of Article 83 Bis Of The Convention On International Civil Aviation
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Author :
language : en
Publisher:
Release Date : 2003

Guidance On The Implementation Of Article 83 Bis Of The Convention On International Civil Aviation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Aeronautics, Commercial categories.




Handbook On The Peaceful Settlement Of Disputes Between States


Handbook On The Peaceful Settlement Of Disputes Between States
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Author : United Nations. Codification Division
language : en
Publisher: New York : United Nations
Release Date : 1992

Handbook On The Peaceful Settlement Of Disputes Between States written by United Nations. Codification Division and has been published by New York : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.




Appeal Relating To The Jurisdiction Of The Icao Council India V Pakistan


Appeal Relating To The Jurisdiction Of The Icao Council India V Pakistan
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Author : International Court of Justice
language : en
Publisher:
Release Date : 1973

Appeal Relating To The Jurisdiction Of The Icao Council India V Pakistan written by International Court of Justice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Airspace (International law) categories.




Manual On The Regulation Of International Air Transport


Manual On The Regulation Of International Air Transport
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Author : International Civil Aviation Organization
language : en
Publisher:
Release Date : 2004

Manual On The Regulation Of International Air Transport written by International Civil Aviation Organization and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Aeronautics categories.




Public International Air Law


Public International Air Law
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Author : Paul Stephen Dempsey
language : en
Publisher:
Release Date : 2017

Public International Air Law written by Paul Stephen Dempsey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Aeronautics, Commercial categories.




The Law Of International Human Rights Protection


The Law Of International Human Rights Protection
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Author : Walter Kälin
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-08-29

The Law Of International Human Rights Protection written by Walter Kälin and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.


At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.