International air law and ICAO / by Michael Milde.
"Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. There is a practical need for a compact but exhaustive...
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Main Author: | |
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Format: | Book |
Language: | English |
Published: |
Utrecht, Netherlands :
Eleven International Publishing,
[2008]
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Series: | Essential air and space law ;
v. 4. |
Subjects: |
Table of Contents:
- Chapter I: Air law concept and definitions
- Chapter II: Historical development of air law
- 1. Paris Conference 1910
- 2. Paris Convention 1919
- 3. Madrid Convention 1926
- 4. Havana Convention 1928
- 5. Chicago Convention 1944
- Chapter III: Convention on International Civil Aviation (Chicago, 1944)
- 1. Depositary
- 2. Authentic texts of the Convention
- 3. Amendment of the Convention
- 4. Parties to the Convention
- 5. Expulsion of a State
- Chapter IV: International legal regime of the airspace
- 1. territory
- 2. air space over the sea
- (a)high seas
- (b) contiguous zone
- (c)straits used for international navigation
- (d) archipelagic waters
- (e) exclusive economic zone (EEZ)
- (f) continental shelf
- 3.Polar regions
- 4. Specific rights of States in the sovereign air space
- 5. International duties of States in their air space
- 6. Protection of the sovereign air space
- 7. Justifiable use of force against civil aircraft
- Chapter V: International legal regime of aircraft and its operation
- 1. Civil aircraft and state aircraft
- (a) Evolution of the legal regime for civil and state aircraft
- (b) Chicago Convention on civil and state aircraft
- (c) other international instruments on civil and state aircraft
- (d) applicability of ICAO Standards and Recommended Practices and Procedures
- (e) Definition of civil and state aircraft
- (f) de lege ferenda
- 2. Nationality and registration of aircraft
- 3. Joint and international registration of aircraft
- 4. Functions and duties of the State of Registry
- 5. Transfer of functions and duties from the State of Registry to the State of the Operator
- 6. Nationality of airline and substantive ownership clause
- 7. Aircraft accident investigation
- 8. Aircraft in distress
- 9. Documents carried in aircraft
- Chapter VI: Legal regime of international air transport
- 1. General
- 2. Non-scheduled international flight
- 3. Scheduled international air service
- (a) International Air Services Transit Agreement
- (b) International Air Transport Agreement
- 4. bilateral agreements on air services
- 5. code-sharing of air services
- 6. computer reservation systems (CRS)
- 7. air transport as trade in services?
- Chapter VII: International Civil Aviation Organization (ICAO)
- 1. History
- 2. PICAO
- 3. ICAO
- (a) aims and objectives
- (b) permanent seat
- (c) legal status of ICAO
- (d) specialized agency of the UN system
- (e) organs of ICAO
- (i) ICAO Assembly
- - Representation at the ICAO Assembly
- - Quorum and voting in the Assembly
- - languages of the Assembly
- - powers and duties of the ICAO Assembly
- (ii) ICAO Council
- - Composition of the Council
- - Election of the Council
- - Sessions of the Council
- - Functions of the Council
- - President of the Council
- - Mandatory functions of the Council
- - Permissive functions of the Council
- - Law-making function of the ICAOI Council: International Standards and Recommended Practices
- - Implementation of SARPs Need for enforcement?
- (iii) ICAO Secretariat
- (iv) ICAO Legal Committee
- (v) Settlement of differences in ICAO
- 4. Does the Chicago Convention require modernization?
- Chapter VIII: Legal management of aviation security
- 1. Unlawful seizure of aircraft
- 2. 1963 Tokyo Convention
- 3. The Hague Convention of 1970
- 4. Montreal Convention of 1971
- 5. Montreal Protocol of 1988
- 6. Montreal Convention of 1991 (Plastic explosives)
- 7. Annex 17 Security
- 8. Unruly/disruptive passengers
- 9. MANPADS
- 10. Bonn Declaration
- 11. Other acts or offences of concerns
- Chapter IX: Unifications of private air law through ICAO
- 1. Convention on International recognition of Rights in Aircraft, Geneva 1948
- (a) background
- (b) outline of the Convention
- 2. Warsaw System and the 1999 Montreal Convention
- (a) Background
- (b) Basic elements of the 1929 Warsaw Convention
- (c) Steps in the amendment of the Warsaw Convention
- (i) The Hague Protocol, 1955
- (ii) Guadalajara Convention, 1961
- (d) crisis of the Warsaw System
- (e) Montreal Agreement 1966
- (f) Guatemala City Protocol, 1971
- (g) Additional Protocols No. 1, 2 ad 3 of Montreal, 1975
- (h) Montreal Protocol No. 4, 1975
- (i) Japanese Initiative 1992
- (j) IATA Intercarrier Agreement on Passenger Liability 1995-1997
- (k) EU Council regulation on air carrier liability 1998
- (l) Montreal Convention, 1999
- 3. Damage caused by foreign aircraft to third parties on the surface
- (a) 1933 Rome Convention
- (b) 1952 Rome Convention
- (c) 1978 Protocol to amend the 1952 Rome Convention
- (d) after 911
- 4. International Interests bin Mobile Equipment
- (a) Cape Town Convention and Protocol, 2001
- Annex: Chicago Convention.