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Behind and Beyond the Chicago Convention: The Evolution of Aerial Sovereignty

Behind and Beyond the Chicago Convention: The Evolution of Aerial Sovereignty

SKU:10071929-0001
Pablo Mendes de Leon, Niall Buissing
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Price:
$177.00
Product Line
Kluwer Law International
Product SKU
10071929-0001
ISBN-13
9789403511313
Availability
Ships in 5-7 Business Days
Last Updated
2019-08-14

Overview

Aerospace Law and Policy Series Volume 16


About this book:

Behind and Beyond the Chicago Convention is intended to analyse the concept of sovereignty in international civil aviation, how it evolved in the course of times, how it related to European integration process and to air traffic management. The meaning of sovereignty has been analysed philosophically and linked to current conceptions in an evolutionary process. The Convention on International Civil Aviation that concluded in Chicago on 7 December 1944, commonly referred to as the Chicago Convention, is one of the most ratified multilateral agreements currently in force, with 193 States Parties. In this deeply informative book, commemorating the 75th birthday of the Convention on International Civil Aviation, thirty-three of the most distinguished authors in aviation law offer perspectives on the quality of the Convention’s achievements.


What’s in this book:

Emphasising the Convention’s flexibility in the accommodation of economic and technological changes, the authors investigate the following topics:


  • an analysis of the absolute character of sovereignty;
  • territorial jurisdiction with respect to airspace;
  • market access and behaviour under economic regulation;
  • liberalisation of air services;
  • the position of airlines, airports, and providers of air navigation services in the context of the management of air traffic (ATM);
  • the regulation of drones, also in relation with the distinction between civil and State aircraft;
  • the role of international, principally ICAO, and regional aviation organisations, in particular, that of the European Union;
  • environmental protection measures such as abatement of noise and reduction of the damaging effects of gaseous emissions;
  • new methods of communication such as Global Navigation Satellite Systems (GNSS);
  • security in aviation, with special reference to the adoption of cybersecurity measures.

whereas the Annexes include the original texts of the Paris Convention 1919 and the Chicago Convention 1944.


How this will help you:

With its insightful and thought-provocative, incisive perceptions put forward by distinguished aviation lawyers from all parts of the world, this book is without peer in its analysis of how the Chicago Convention affects international civil aviation and the operation and management of air services. Its multifaceted approach towards the current state of affairs from a legal and policy perspective will be welcomed by practitioners and law firms in the field and civil aviation authorities, as well as by academics and business persons with a stake in aviation. This book will thus serve the global community of aviation people.

Table Of Contents

Editors


Contributors


Forewords


Preface


List of Abbreviations


PART I

Sovereignty as a Basic Concept of International Law, Including International Air Law


CHAPTER 1

The Legacy of the 1919 Paris Convention Relating to the Regulation of Aerial Navigation

Vincent Correia


CHAPTER 2

Aerial Sovereignty: From Paris 1919, Through Chicago 1944, to Today

Peter Haanappel


CHAPTER 3

Sovereignty as a Basic Concept of International Law and a Core Principle of Air Law

Stephan Hobe


CHAPTER 4

The Development of Civil Aviation and Its Impact on Sovereignty

Anna Konert


PART II

The Impact of Sovereignty on the Administration of International Civil Aviation Through International and Regional Organizations


CHAPTER 5

The Impact of Sovereignty on the Administration of International Civil Aviation Through International and Regional Organizations: The Role of ICAO

Jiefang Huang & Mathieu Vaugeois


CHAPTER 6

The Impact of Sovereignty on Regional Cooperation in Civil Aviation: The Russian Perspective

Alexander A. Batalov


CHAPTER 7

LACAC and Current Challenges of Civil Aviation in Latin America

Fernando Fiallos


CHAPTER 8

The Impact of Sovereignty on the Administration of International Civil Aviation Through International and Regional Organisations: Regulating Civil Aviation Safety at Regional Level – A European Perspective

Mikolaj Ratajczyk


PART III

Sovereignty Pertaining to Air Traffic Management


CHAPTER 9

Sovereignty Pertaining to Air Traffic Management

Anna Masutti


CHAPTER 10

Unmanned Aircraft Systems (UAS) Engaged in International Air Transport

Fernando Fiallos


CHAPTER 11

Limits in the Sky: Sovereignty and Air Navigation Services

Francis Schubert


CHAPTER 12

The Speeding-up Process on the Realignment of Flight Information Region (FIR) in Areas A, B, C from Singapore to Indonesia: Issues of Sovereignty, or Safety, or Both?

Ida Bagus Rahmadi Supancana


CHAPTER 13

Sovereignty and GNSS: Connecting the Traditional Legal Concept with High Technology

Dejian Kong


CHAPTER 14

Sovereignty in Relation to Air Traffic Management

Catherine Erkelens


CHAPTER 15

The Delineation Between Civil Aircraft and State Aircraft: A Move into the Aviation World of Tomorrow after 75 Years of Uncertainty

Ricardo de Oliveira


CHAPTER 16

Does an Immovable Object Meet an Irresistible Force? An EU Perspective on the Apparent Tension Between the Protection of Airspace Sovereignty and the Notion of Private Sector Transnational Air Carriers

Robert Lawson QC


PART IV

Sovereignty in the Context of European Law and Policy


CHAPTER 17

Sovereignty in the Context of European Law and Policy

Regula Dettling-Ott


CHAPTER 18

Sovereignty: The Implications of the EU Internal Air Transport Market for Air Services Agreements with Third Countries

Laura Pierallini


CHAPTER 19

The International Uniformity of the Liability Regime of the IATA Standard Ground Handling Agreement under Attack: Can the Chicago Convention Be a Remedy?

Nikolai Ehlers


CHAPTER 20

Bilateralism and Equality of Opportunity under Scheduled Services: Are Air Services Agreements the Sole and Absolute Source for Traffic Rights?

José Ignacio García-Arboleda


CHAPTER 21

Sovereignty and Air Services Agreements in Asia: The Long Flight from Bilateralism to Multilateralism

Alan Khee-Jin Tan


CHAPTER 22

Airspace Sovereignty in the Chicago Regime: A Reality Check

Steven Truxal


PART V

Sovereignty in Relation to Air Services Agreements


CHAPTER 23

Sovereignty and Air Services Agreements: The Case of China

Pai Zheng


CHAPTER 24

A US Perspective on the Utility of the Chicago Convention

Michael Whitaker


CHAPTER 25

Multilateral Approach to Market Access Expansion: What the Future Holds

Rajesh Singh


CHAPTER 26

The Chicago Convention Article 83bis: Legal Considerations When Entering into and Benefitting from Article 83bis Arrangements

Morten Hans Jakobsen & Peter Sand


PART VI

The Future of Sovereignty in International Civil Aviation


CHAPTER 27

Reflections on the “New Sovereignty” and the Future of International Civil Aviation

Brian F. Havel


CHAPTER 28

The Future of Sovereignty in International Civil Aviation: The Resurgence of Sovereignty Versus the Freedom of Flight

Roberto Cassar


CHAPTER 29

The Future of Sovereignty in International Civil Aviation

Brendan Lord


ANNEX 1:

Convention portant réglementation de la Navigation Aérienne, signée à Paris le 13 octobre 1919, avec Protocole additionnel signé à Paris le 1er mai 1920


ANNEX 2:

Convention on international civil aviation, signed at Chicago, on 7 December 1944, also referred to as the Chicago Convention


Index

Experts

  • Pablo Mendes de Leon
    Pablo Mendes de Leon
    Board Member of several professional organizations and associations
    Professor of Air & Space law, The Hague, The Netherlands
    In 1981 Dr. Pablo Mendes de Leon started his professional career in the practice of European Community Law, company law and bankruptcy law.
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