International and EU Aviation Law: Selected Issues

Front Cover
Elmar Maria Giemulla, Ludwig Weber
Kluwer Law International, 2011 - Law - 786 pages
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This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.
 

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Contents

Chapter
3
The Way to Chicago
6
PostWar Period
12
Chapter 2
63
The General Principles of Aviation Law
72
International Organizations
75
Chapter 12
100
E Other Functions
126
Appendix 6
485
Appendix 7
494
Regulations and Procedures for the International Registry
505
REGULATIONS
511
General provisions
513
Information required to effect registration
514
Confirmation and notice of registration
518
Searches
519

Chapter 4
129
Liberalization in the European Community
137
Chapter 9
155
The Development after the Establishment
157
Towards a Liberalized Multilateral Air Service Agreement
177
The Congestion of Airports and Possible Solutions
190
Chapter 5
193
Cape Town Convention and Protocol of 2001
197
Chapter 6
223
Development towards the Montreal Convention
229
Alterations and Additions by the Montreal Protocols
252
The Route from the Warsaw System to
259
F Comparison of Liability Pursuant to WC WCHP and MC
267
Chapter 7
285
The Convention on the Marking of Plastic Explosives
292
Unruly Passengers
302
Chapter 8
309
Joint Aviation Authorities JAA
318
European Air Traffic ControlSingle European Sky
329
Chapter 9
333
Chapter 10
339
B Third Party Liability in Accordance with European
346
Chapter 11
357
Air Cargo Security
367
Chapter 12
377
Penalties
383
Appendices
395
Appendix 2
435
3
439
Appendix 4
446
Convention on Recognition of Rights in Aircraft
451
Appendix 5
459
Operational complaints
520
Confidentiality
521
Fees
522
International Registry procedures
523
Effective dates
524
PROCEDURES
525
Functions of the Registrar
526
Functions of the registry user
528
Access to the International Registry
529
Entry points
530
Signup and approvalregistry user entity and administrator
531
Signup and approvalregistry user
532
Effecting amending and discharging registrations
533
Making searches and obtaining search results
534
Operational complaints
535
Confidentiality
536
Appendix 8
541
9
549
Appendix 10
555
11
561
12
567
Appendix 13
575
Appendix 14
619
Appendix 16
710
Regulation EC No 10082008 of the European Parliament
745
Index
773
130
774
338
780
147
782
284
783
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