Fundamentals of International Aviation Law and Policy

Autorentext

Benjamyn I. Scott has an LLB (Hons) from the University of Kent, an LLM in International Commercial Law from the University of Kent, an LLM (Adv.) in Air and Space Law from Leiden University, and a PhD in aviation cybersecurity from the University of Cologne. Benjamyn has a strong background in developing aviation technologies, having worked for several years in this area, and having written numerous journal articles and book chapters in this discipline.

Andrea Trimarchi graduated in law LLM from the University of Roma Tre. He further obtained in 2016 an LLM (Adv.) in Air and Space Law from the International Institute for Air and Space Law at Leiden University. Andrea has a strong background in competition and private international law, having several years of experience in airlines and private aviation law firms.

Klappentext

Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation.

Zusammenfassung

Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book covers the major areas of international aviation law and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions.

Each chapter is tailored to confer to readers a thorough knowledge of the applicable international and, if any, the European legislation. Delivery of these aims is attained through a clear and balanced use of didactic instruments and immediate information. New chapters cover aircraft financing and advanced air mobility, giving this second edition of Fundamentals of International Aviation Law and Policy even greater coverage and depth.

The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also constitutes a useful reference material for those who are familiar with legal terminology and aviation specifics.

Inhalt

Contents

Front Cover 1

About the Book. 2

About the Authors. 3

About the Series. 4

Contents. 5

Foreword to the First Edition. 16

Foreword to the Second Edition. 17

Acknowledgements. 18

Acronyms and Abbreviations. 19

Learning Tools. 20

Legal Texts. 21

International Treaties. 21

European Union Legislation. 25

National Legislation. 27

Court cases. 28

Court of Justice of the European Union Cases. 28

International Court of Justice Cases. 29

United States Cases. 30

United Kingdom Cases. 31

Other Domestic Cases. 32

Chapter 1 Foundations of Aviation Law and Policy. 2

1.1 Introduction. 2

1.1.1 What is Aviation Law?. 2

1.1.2 Aviation v. Air Law.. 4

1.2 Key Elements in Aviation Law.. 5

1.2.1 Public International Law.. 5

1.2.2 Private International Law.. 7

1.2.3 Multifaceted Nature of Aviation Law.. 8

1.3 Sources of Aviation Law.. 9

1.3.1 International Law.. 9

1.3.1.1 Treaties. 9

1.3.1.2 Customary International Law.. 12

1.3.1.3 General Principles of Law.. 13

1.3.1.4 Judicial Decisions. 13

1.3.1.5 Teachings of the Most Highly Qualified Publicists. 13

1.3.2 European Union Law.. 14

1.3.2.1 Primary Legislation. 14

1.3.2.2 Secondary Legislation. 15

1.3.2.3 Court of Justice of the European Union. 17

1.3.3 National Law.. 17

1.3.4 Binding Law and Non-Binding Instruments. 18

1.3.5 Industry Standards. 18

Recommended Literature. 20

Points for Further Research. 21

Chapter 2 Early Developments. 22

2.1 Introduction. 22

2.1.1. Dubious Latin Roots. 22

2.1.2. Early Examples of National Aviation Laws. 23

2.1.3. Early Examples of International Aviation Law.. 24

2.2 Initial Steps Towards Multilateral Civil Aviation Law.. 26

2.3 Treaty of Versailles. 28

2.3.1. Introduction. 28

2.3.2. Restrictions on German Military Aviation. 29

2.3.2. Freedom of AAP Aircraft in Civil Aviation. 29

2.4 Paris Convention. 30

2.5 The Decades Between the Wars. 32

2.5.1. Madrid Convention. 32

2.5.2 Havana Convention. 33

2.5.3 Time for a New Era. 34

Recommended Literature. 35

Points for Further Research. 36

Chapter 3 Convention on International Civil Aviation. 37

3.1 Introduction. 37

3.1.1 Background. 37

3.1.2 Chicago Conference 1944. 38

3.1.3 The Creation of New International Law.. 38

3.2 Applicability of the Chicago Convention. 40

3.2.1 International 40

3.2.1.1 International Flight 40

3.2.1.2 Entrance and Exit of Foreign Airspace. 40

3.2.1.3 State. 41

3.2.1.4 Territorial Scope. 42

3.2.1.5 Not Only Aircraft 43

3.2.2 Aviation. 43

3.2.2.1 Definition of 'Aircraft' 43

3.2.2.2 Aircraft Classifications. 45

3.2.3 Civil Aircraft 46

3.2.3.1 Definition of 'State' Aircraft 46

3.2.3.2 Rights and Responsibilities of State Aircraft 49

3.2.3.3 Definition of 'Civil' Aircraft 49

3.3 War and Emergency Conditions. 50

3.4 Purpose of the Chicago Convention. 51

3.4.1 Preamble. 51

3.4.2 Misuse of Civil Aviation. 52

3.4.3 Use of Weapons Against Civil Aircraft 53

3.5 Breakdown of the Chicago Convention. 55

3.5.1 Part I Air Navigation. 55

3.5.2 Part II International Civil Aviation Organization. 56

3.5.3 Part III International Air Transport 56

3.5.4 Part IV Final Provisions. 57

3.6 Transfer of Responsibility. 57

3.7 Amendments. 58

3.8 Dispute Settlement 59

3.8.1 Role of the International Civil Aviation Organization Council 59

3.8.2 Appeals after the International Civil Aviation Organization Council 62

[3.8.3 Penaltie…