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Book The Resolution of Inter State Disputes in Civil Aviation

Download or read book The Resolution of Inter State Disputes in Civil Aviation written by Luping Zhang and published by Oxford University Press. This book was released on 2022-01-06 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.

Book Fundamentals of International Aviation Law and Policy

Download or read book Fundamentals of International Aviation Law and Policy written by Benjamyn I. Scott and published by Taylor & Francis. This book was released on 2024-09-11 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Transformation of Private Law     Principles of Contract and Tort as European and International Law

Download or read book The Transformation of Private Law Principles of Contract and Tort as European and International Law written by Maren Heidemann and published by Springer Nature. This book was released on with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Research Handbook on International Procedural Law

Download or read book Research Handbook on International Procedural Law written by Joanna Gomula and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook provides a detailed exploration of the principles and rules that impact the procedures and operation of international courts and tribunals. Within this framework, leading experts examine how the evolution of procedural rules and concepts has given rise to a distinct body of rules known as international procedural law.

Book Unilateral Sanctions in International Law

Download or read book Unilateral Sanctions in International Law written by Surya P Subedi and published by Bloomsbury Publishing. This book was released on 2021-05-06 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

Book Freedom of Overflight

    Book Details:
  • Author : Merinda E. Stewart
  • Publisher : Kluwer Law International B.V.
  • Release : 2021-10-25
  • ISBN : 9403538058
  • Pages : 426 pages

Download or read book Freedom of Overflight written by Merinda E. Stewart and published by Kluwer Law International B.V.. This book was released on 2021-10-25 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of overflight is in large part uncontroversial. However, several recent international disputes and subsequent scrutiny of the exercise of coastal State jurisdiction in international airspace have highlighted the problematic legal nature of this freedom – namely, how a State’s ‘creeping jurisdiction’ may encroach upon the rights of other States. This groundbreaking book examines in depth the ambiguous areas at the nexus of air law and the law of the sea with respect to the balance between coastal State jurisdiction and freedom of overflight, thus providing greater legal certainty regarding State actions involving overflight in international airspace. The author identifies and thoroughly examines three highly salient matters impacting overflight in international waters: the right of a State to establish safety zones around maritime constructions and the legitimacy of extending these safety zones to the airspace; what, if anything, under international civil aviation law specifically, prohibits a State from discriminating against the aircraft of another State in international airspace within its flight information region; and whether air defence identification zones can be justified as customary international law. Also considered is the law of the sea concerning transit passage through international straits and archipelagic sea lanes as applied to airspace users. This is the first detailed study of overflight to combine the perspectives of international civil aviation law and the law of the sea. As such, it presents a comprehensive analysis of the legality of attempts by coastal States to exercise jurisdiction in international airspace over aircraft registered in other States, thus taking a giant step towards determining what freedom of overflight entails by establishing its legitimate limitations. It will be welcomed by practitioners, policymakers, and academics concerned with international transportation, national defence, international trade, and other areas of international law.

Book Evolving Constitutions of International Organizations

Download or read book Evolving Constitutions of International Organizations written by Sato and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the law-creating process relating to the interpretation of constituent instruments of international organizations. This topic is one of the key issues concerning the structures and activities of international organizations. It differs from other books in the field by suggesting that, under the influences of the inherent dynamism of international organizations, the interpretative framework of their constituent instruments is not the same as that of ordinary treaties. It also concludes that the interpretation of the constituent instruments of international organizations deviates from the interpretative framework regulated by the law of treaties as codified by the Vienna Convention on the Law of Treaties. The book will be of prime interest to academics in the fields of international law and international organization and treaty law.

Book Furthering the Frontiers of International Law  Sovereignty  Human Rights  Sustainable Development

Download or read book Furthering the Frontiers of International Law Sovereignty Human Rights Sustainable Development written by Niels M. Blokker and published by BRILL. This book was released on 2021-07-19 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

Book The Breach of a Treaty

    Book Details:
  • Author : Maria Xiouri
  • Publisher : BRILL
  • Release : 2021-03-15
  • ISBN : 900436322X
  • Pages : 446 pages

Download or read book The Breach of a Treaty written by Maria Xiouri and published by BRILL. This book was released on 2021-03-15 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.

Book The Engagement of Domestic Courts with International Law

Download or read book The Engagement of Domestic Courts with International Law written by Eleni Methymaki and published by Oxford University Press. This book was released on 2024-04-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.

Book International Aviation Law

    Book Details:
  • Author : Attila Sipos
  • Publisher : Springer Nature
  • Release :
  • ISBN : 3031390660
  • Pages : 475 pages

Download or read book International Aviation Law written by Attila Sipos and published by Springer Nature. This book was released on with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Identity and Diversity on the International Bench

Download or read book Identity and Diversity on the International Bench written by Freya Baetens and published by Oxford University Press, USA. This book was released on 2021-02-10 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

Book An Introduction to Public International Law

Download or read book An Introduction to Public International Law written by Cecily Rose and published by Cambridge University Press. This book was released on 2022-03-03 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an accessible, balanced, and nuanced introduction to public international law, with examples of how the law applies in practice.

Book The Flame Rekindled

    Book Details:
  • Author : Sam Muller
  • Publisher : BRILL
  • Release : 2023-12-11
  • ISBN : 9004637966
  • Pages : 229 pages

Download or read book The Flame Rekindled written by Sam Muller and published by BRILL. This book was released on 2023-12-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the aims of the United Nations Decade of International Law is the promotion of the means and methods for the peaceful settlement of disputes between states. In the previous volume, The United Nations Decade of International Law, Reflections on International Dispute Settlement, the editors contributed to this aim by bringing together a variety of opinions by international legal experts on the topic, with an emphasis on the role of the International Court of Justice. This time, the editors turn their attention to international arbitration and the role of the Permanent Court of Arbitration. It also explores the prospects for pre-constituted, non-ad hoc arbitral institutions which may be considered in the general framework of peaceful settlement of disputes between states, as well as between states and other actors (commercial arbitration) in the present day international system, through the process of international adjudication. Like the previous volume, this book is a valuable contribution towards the promotion of the United Nations Decade of International Law.

Book General International Law in International Investment Law

Download or read book General International Law in International Investment Law written by Andreas Kulick and published by Oxford University Press. This book was released on 2024-05-22 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary systematically and comprehensively examines the various sources of general international law relevant to international investment law and arbitration.

Book Post Pandemic Facilitation of Air Transport

Download or read book Post Pandemic Facilitation of Air Transport written by Ruwantissa Abeyratne and published by Springer Nature. This book was released on 2022-06-27 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: From early 2020 for a period of two years at the end of which this book was written, air transport suffered unprecedented setbacks due to the COVID-19 pandemic. Although the pandemic may eventually fizzle out into another flu like occurrence, the restraint with which air transport services were offered would remain with us for a while with some practices being sustained, particularly those pertaining to public health. One of the main areas of air transport that was and will be affected significantly by the changed circumstances - is facilitation – a subject that is regulated by the Chicago Convention of 1944 and its Annex 9. This book looks in depth at the Annex as it will be applied in a post pandemic world, against its legal, socio-political, and economic impacts, addressing the Standards of the Annex on clearance of aircraft; entry and departure of passengers; and the carriage of cargo. It also discusses some critical aviation events in 2020 and 2021 that occurred as they relate to facilitation of air transport. Some of the key areas discussed are the role of ICAO; issues of public health as they relate to air transport; security of travel documents; smuggling of persons; digital technology and rights of the passenger; unruly passengers; carriage of disabled passengers; relief flights and repatriation flights; and facilities at airports.