An Introduction to Air Law

Front Cover
Kluwer Law International, 2006 - Law - 345 pages
2 Reviews
Time and again, through seven previous editions, Introduction to Air Law has proven itself a comprehensive and up-to-date view of all the main components making up this interesting and topical branch of international law. Coverage includes such aspects as liability of the carrier, insurance, product liability, sovereignty in airspace, aviation personnel, organisations and conventions, automation, liability for damage, search and rescue operations, and criminal offenses such as hijacking.

In addition to the books well-known detailed analysis of the Warsaw System and the Chicago Convention on Civil Aviation still the two main pillars of present-day aviation legislation this thoroughly revised and updated edition incorporates material on such crucial new and emerging issues as the following:

  • the enormous change in basic assumptions and perceptions regarding aviation security that have come about as a result of the increase in international terrorism;
  • the effect of the coming into force of the Montreal Convention 1999 on liability of air carriers and the Cape Town Convention 2001 on security interests in mobile equipment;
  • the advent of the European Aviation Safety Agency;
  • the growth of the European `single sky initiative; and
  • new rules in such areas as insurance, the right to fly, and liability for maintenance of aircraft.

The Eighth Edition adds a completely new chapter on European law in the field of air transport, and the presentation throughout brings the books coverage of aviation jurisprudence up to date, with relevant new cases from the US, the UK, and elsewhere. An index by subject and an extensive bibliography complete the volume.

The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition of one of the fundamental works in the field, and newcomers will discover an incomparable resource.

 

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An early review of the history of air navigation law.
The first law regulating aircraft - was a French police order regulating the launching of the Montgolfier' balloon! The book then looks at
the 1910 effort to establish a legal framework for regulation of air navigation, and then focuses on the Chicago Convention on Aviation in 1944. It is from the Chicago Convention that nearly all rules worldwide today spring.
This books is a good, but not great, reference work on the history of air navigation and aircraft law and regulation. It is light in the pre-1944 convention history- some background in the early 1900's through 1910's attempt at trespass law relating to airships would have been important to include, but this book fails to include several important U.S. cases of that time frame. It also could have included U.S. law of the Air Commerce Act of 1926, but does not. For those two reasons, I only give it three stars.
But for 1944 onwards- it is a good reference work. Anyone wanting to read some real history of how we got to where we are today can gain by spending some time in here.
Good luck, and soft landings---
Jim P. AKA Jim E85
 

Contents

Chapter1 History and Development of Air Law
1
The Law of Treaties
7
ICAO
10
IATA
11
F European Organizations
12
Chapter2 The Chicago Convention of 1944 on International Civil Aviation
13
The Convention
14
Freedom and Sovereignty
17
Concluding Remarks
179
Crashworthiness
190
Chapter6 Air Navigation Automation and Airworthiness
195
Aircraft Handling
196
Aircraft Design and Maintenance
200
International ICAO
203
European Aviation Safety Agency EASA
204
National Regulations Regarding Maintenance Repair Overhaul of Aircraft
205

Scheduled and NonScheduled Air Traffic
19
Cabotage
23
Airline CoOperation
24
B CodeSharing
25
Nationality
27
Airports
31
Aviation Personnel
33
B Other Personnel
36
Ground Personnel
37
Jurisdiction
38
State Aircraft
40
A Red Cross Aircraft
41
B Other State Aircraft
42
Measures to Facilitate Air Navigation
44
International Organizations Worldwide
45
The Legal Committee
46
The Universal Safety Oversight and Security Audit Programmes
49
Bilateralism
60
Chapter3 European Community Legislation in the Field of Air Transport
67
Concluding Note
99
Chapter4 The Liability of the Carrier under the Warsaw System
101
The Hague Protocol
151
The Guadalajara Convention
157
The Guatemala Protocol
164
The Montreal Convention of 1999
170
Cargo Handling
207
Concluding Notes
209
Chapter7 Surface Damage and Collisions
211
B The Scope of the 1952 Rome Convention and the 1978
216
The Principles and Rules of Liability
217
The Requirements of Article 1
218
Exoneration from Liability
220
The Limits of Liability
221
Unlimited Liability
223
The Liability of the Operator
224
Persons Entitled to Claim
225
Jurisdiction
227
Limitation of Actions
228
Execution of Judgments
229
Final Provisions
230
Damage Caused by Noise and Sonic Boom
231
E Damage Caused by CropDusting
237
Air Collisions
238
Chapter8 Insurance
243
Concluding Note
254
Chapter10 Assistance and Salvage
281
Chapter11 Penal Law and Aviation
289
Concluding Remarks
307
Index
335
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