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


ISBN13: 9789403511313
Published: September 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £131.00



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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.
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.

Subjects:
Air and Space Law
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