International and EU Aviation Law

Name: International and EU Aviation Law | Selected Issues
Brand: Kluwer Law International
Price: 243.99 EUR
Availability: OnlineOnly

Selected Issues

Elmar M. Giemulla Ludwig Weber(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 12. Dezember 2011

816 Seiten

E-Book

PDF mit Adobe-DRM

Systemvoraussetzungen

978-90-411-3926-9 (ISBN)

243,99 €inkl. 7% MwSt.

Systemvoraussetzungen

für PDF mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Summary of Contents
Table of Contents
Preface
Part I Fundamentals of International Aviation Law: Selected Issues
Chapter 1 Chicago System: Genesis and Main Characteristics
I. GENERAL
II. THE WAY TO CHICAGO
A. BEGINNINGS
B. AIR NAVIGATION CONFERENCE, PARIS (1910)
C. NATIONAL REGULATIONS UNTIL WORLD WAR I
D. WORLD WAR I AND AVIATION LAW
E. 1919 PARIS CONVENTION
F. THE CIANA AND THE HAVANA CONVENTION
G. ESTABLISHMENT OF AN AVIATION REGULATION FOR THE POST-WAR PERIOD
III. THE CHICAGO SYSTEM
A. MULTILATERALISM VERSUS BILATERALISM
1. Freedoms of the Air
B. THE CHICAGO CONVENTION
1. Structure of the Convention
2. Some Relevant Legal Issues
a. The Airspace: Sovereignty of the Air (Article 1) and the Granting of Traffic Rights: Bilateral Air Services Agreements
i. System
ii. BASA-Types
(1) Chicago-Type
(2) Bermuda-Type (Bermuda I)
(3) Bermuda II-Type
(4) Liberal Type
iii. Main Aspects
(1) General Principles
(2) Designation and Operating Authorizations of Air Carriers
(3) Ownership clause
(4) Exchange of Traffic Rights
(5) Capacity
(6) Tariffs
b. The Airspace: Responsibility (Article 1)
i. General
ii. Standards and Recommended Practices and Procedures for Air Navigation Services: Compliances and Departures (Articles 37 and 38)
iii. Airport and Similar Charges/Russian Overflight Charges (Article 15)
iv. Air Traffic Control Services (Article 28)
c. The Airspace: Definition and Extension (Article 2)
i. Definition
ii. Extension
d. Civil and State Aircraft
i. Applicability of the Convention: Civil Aircraft (Article 3)
ii. Distinction between Civil and State Aircraft
iii. Misuse of Civil Aviation (Article 4)
iv. Use of Weapons against Civil Aircraft (Article 3bis)
e. Airports in Aviation Regulation
Chapter 2 The Sources and the Structure of International Aviation Law
I. PUBLIC INTERNATIONAL AVIATION LAW
A. MULTILATERAL AGREEMENTS
B. BILATERAL AGREEMENTS
II. PRIVATE INTERNATIONAL AVIATION LAW
III. THE GENERAL PRINCIPLES OF AVIATION LAW
IV. LEGAL TRADITIONS AND ANALOGICAL LAWS
Chapter 3 International Organizations
I. INTERNATIONAL CIVIL AVIATION ORGANIZATION
A. HISTORICAL BACKGROUND
B. STRUCTURE
1. Objectives
2. Status
3. Organs
a. The Assembly
b. The Council and Its Committees
c. The Air Navigation Commission
d. The Legal Committee
e. Air Navigation Conferences and Divisional Meetings
f. Panels and Working Groups
g. The Secretariat
C. LAW-MAKING FUNCTIONS
D. STANDARD-SETTING FUNCTIONS
E. JUDICIAL AND QUASI-JUDICIAL FUNCTIONS
F. AUDIT FUNCTIONS
1. Universal Safety Oversight Audit Programme
2. Universal Aviation Security Audit Programme
G. THE ANNEXES TO THE CONVENTION
1. Airspace: Annexes 2, 4 and 11
2. Aircraft: Annexes 6, 7 and 8
3. Aviation Personnel: Annex 1
4. Airports: Annex 14
5. Operations: Annex 6
6. Security: Annex 17
7. Other Annexes
II. INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA)
A. HISTORICAL BACKGROUND
B. STRUCTURE
C. MEMBERSHIP
D. REGULATORY FUNCTIONS
1. Tariff Coordination Conferences
2. Passenger and Cargo Services Conferences
3. Passenger and Cargo Agency Conferences
E. OTHER FUNCTIONS
1. Multilateral Interline Traffic Agreements (MITA)
2. Clearing House
3. Billing and Settlement Plan (BSP)
4. Cargo Accounts Settlement System (CASS)
5. IATA Currency Clearance Service (ICCS)
6. Airline and Airport Designator Service
7. Training Services
Chapter 4 From Regulation to Deregulation
I. AVIATION PRIOR TO LIBERALIZATION
A. PROTECTION AGAINST FOREIGN COMPETITORS
B. PROTECTION AGAINST DOMESTIC COMPETITORS
C. LIMITED COMPETITION
D. FIRST STEP TOWARDS LIBERALIZATION
II. DEREGULATION IN THE UNITED STATES
A. THE POLICY OF DEREGULATION
B. EFFECTS OF DEREGULATION
1. Number of Airlines
2. Airports: Hub-and-Spoke Systems
3. Pricing
4. Airline Safety
5. Substantial Ownership and Effective Control
III. LIBERALIZATION IN THE EUROPEAN COMMUNITY
A. THE INFLUENCE OF EUROPEAN LAW
1. The Provisions Relevant to Air Transport
2. The Beginnings of Action by the EEC Institutions
a. The First Memorandum of the Commission (1979) and the First Legislation
b. The Commission's Second Memorandum (1984)
c. The Asjes Case (Nouvelles Frontie`res) (1986)
d. The Single European Act (1987)
e. The Ahmed Saeed Case (1989)
B. THE THREE 'LIBERALIZATION PACKAGES'
1. The First Package (December 1987)
2. The Second Package (November 1990)
a. Fares
b. Access to the Market and Sharing of Capacity
i. Access to the Market
ii. Multiple Designation
iii. Sharing of Capacity
iv. Exceptions
c. No Regulations on Charter Traffic
3. The Necessity of Supporting Measures
4. Further Steps towards the Internal Market
a. Measures of February 1991
b. Authorization of the Commission on Preventive Measures against Anticompetitive Practices
5. The Third Package (June 1992)
a. The Case History
b. The Third Package (1992) in Detail
i. Fares
ii. Market Access
iii. Operating License
C. FURTHER MEASURES IN 1992
1. The European Economic Area Treaty
2. The Agreement between EEC and Norway and Sweden
3. The Agreement between the EC and United States on Trade with High-Altitude Civil Aircraft
4. Allocation of Slots
D. THE DEVELOPMENT AFTER THE ESTABLISHMENT OF THE SINGLE MARKET
1. The Third Package under Test
a. Viva Air
b. TAT
2. Liberalization of Ground Handling Services
3. Denied Boarding Regulations
a. Denied Boarding
b. Cancellation
c. Long Delay
d. Upgrading and Downgrading
4. Liability Regime
5. Allocation of Slots
a. 11 September 2001
b. The War in Iraq and SARS
c. Regulation (EC) No. 793/2004
6. Protection of EC Carriers from Unfair Pricing Practices and Subsidization from Non-EU Countries
7. Recast of the Third Package
a. Operating Licenses
b. Leasing of Aircraft
c. Access of Community Air Carriers to Intra-European Air Routes
d. Fares and Rates for Aviation Services
IV. LIBERALIZED BILATERAL AIR SERVICES AGREEMENTS
A. CONSEQUENCES OF US DEREGULATION AND EC LIBERALIZATION
B. THE OPEN SKIES AGREEMENT USA/EC
1. Removal of Restrictions on Route Rights
2. Cabotage
3. Foreign Ownership
4. Suspension Clause
C. THE EUROPEAN COMMON AVIATION AREA (ECAA)
V. TOWARDS A LIBERALIZED MULTILATERAL AIR SERVICE AGREEMENT
VI. NATIONAL CARRIER: SUBSTANTIAL OWNERSHIP AND EFFECTIVE CONTROL
A. BACKGROUND OF THE CONCEPT
B. MEANING OF SUBSTANTIAL OWNERSHIP AND EFFECTIVE CONTROL
C. EXCEPTIONS FROM THE CONCEPT
D. NEW CONCEPT OF NATIONALITY OF THE AIR CARRIER
E. PRACTICAL SOLUTIONS TO OVERCOME RESTRICTIONS IN FOREIGN INVESTMENT
VII. THE CONGESTION OF AIRPORTS AND POSSIBLE SOLUTIONS
Chapter 5 Rights in Aircraft
I. GENEVA CONVENTION OF 1948
A. INTRODUCTION
B. HISTORICAL BACKGROUND
C. PRINCIPLES AND MAIN PROVISIONS
D. ISSUES OF PRACTICAL APPLICATION OF THE CONVENTION
II. CAPE TOWN CONVENTION AND PROTOCOL OF 2001
A. INTRODUCTION
B. HISTORICAL BACKGROUND
C. MAIN PROVISIONS OF THE CONVENTION
1. Creation of an International Interest
2. Priority Rules
3. Default and insolvency-related Remedies
4. Interim Relief
5. Insolvency Rules
6. Transactions Covered
D. THE INTERNATIONAL REGISTRY UNDER THE CAPE TOWN CONVENTION AND PROTOCOL
1. Establishment of the International Registry
2. The International Registry System
3. Access to the International Registry
4. Registration Requirements
5. Effects of Registration
6. Amendments and Discharges of Registrations
7. Searches
8. Effects of Registration as against third Parties
9. Liability of the Registrar
10. Other Matters
E. CONCLUSIONS
Chapter 6 Liability in International Law (Private Air Law)
I. PRIVATE AVIATION LAW: HISTORICAL OVERVIEW
A. BEGINNINGS
B. DEVELOPMENT UNTIL THE SECOND WORLD WAR
C. DEVELOPMENT AFTER THE SECOND WORLD WAR
1. Hague Protocol
2. Supplementary Guadalajara Convention
3. Montreal Interim Agreement
4. Guatemala City Protocol
5. Additional Montreal Protocols
6. Malta Agreement
D. DEVELOPMENT TOWARDS THE MONTREAL CONVENTION
1. Initial Proposal for a Council (EC) Regulation on Air Carrier Liability in Case of Accidents
2. The ECAC Initiative
3. The IATA Intercarrier Agreement
4. Council (EC) Regulation on Air Carrier Liability in Case of Accidents
5. The Montreal Convention
6. Regulation (EC) No. 889/2002
II. LIABILITY ARISING FROM AN AIR CARRIAGE AGREEMENT IN ACCORDANCE WITH INTERNATIONAL LAW
A. INTRODUCTION
1. The Existence of a Carriage Agreement
2. The Internationality of the Carriage
3. Remunerability of the Carriage
B. LIABILITY IN ACCORDANCE WITH THE CONVENTIONS OF THE WARSAW SYSTEM
1. Introduction
2. Transportation Documents
3. Liability of the Air Carrier for Bodily Injury
4. Liability of the Air Carrier for Damage to Property
a. Items Carried by Passengers Themselves
b. Luggage Checked In
5. Air Freight (Cargo)
a. Definition of Air Freight (Cargo)
b. Air Waybill
c. Rights and Obligations of Consignors of Cargo
d. Rights and Obligations of Consignees of Cargo
6. Losses Caused by Delay
7. Alterations and Additions by the Hague Protocol
a. Transport Documents
b. Liability System
c. Other Provisions
8. Amendments and Additions through the Montreal Agreement (1966) and the Malta Agreement
9. Alterations and Additions by the Guatemala Protocol
10. Alterations and Additions by the Montreal Protocols
11. Alterations and Additions by the Supplementary Guadalajara Agreement
12. Combined Forms of the WC and Agreements Amending It
13. Special Problem: Liability on Code-Sharing Flights
C. THE ROUTE FROM THE WARSAW SYSTEM TO THE MONTREAL CONVENTION
1. Introduction
2. The IATA Intercarrier Agreement
D. LIABILITY IN ACCORDANCE WITH THE MONTREAL CONVENTION
1. The New Liability Regime
2. Contractual/Executing Air Carriers
3. Code-Sharing Flights/Successive Air Carriers
4. The Transportation Documents
E. PROCEDURE WHEN SETTLING CLAIMS
F. COMPARISON OF LIABILITY PURSUANT TO WC, WC/HP AND MC
III. THIRD-PARTY LIABILITY IN INTERNATIONAL AVIATION AND REVISION OF THE ROME CONVENTION
A. ROME CONVENTION
1. History
2. Establishment
3. Main Content
a. Absolute Liability
i. Principles
ii. Exceptions
b. Limited Liability
c. Miscellaneous
4. Limited Effect
B. EFFORTS FOR A NEW REGULATION OF THIRD-PARTY LIABILITY IN INTERNATIONAL AVIATION
1. Application Area
2. Liability of the Operator
a. Absolute Liability
b. Exculpatory Evidence
c. Liability Limit/Possibility to Break Liability Limit
i. Necessity of a Liability Limit?
ii. Possibility to Break the Maximum Liability Limit
3. Additional Compensation by SCM
a. SCM-Compensation When Maintaining Current Liability Limits
b. SCM-Compensation for Possibility to Break the Liability Limit
4. Channelling of Liability over the Operator
a. No Reason for Allocation of Foreign Misconduct to the Operator
b. Inclusion of Other Parties Causing the Damage in Absolute Liability
c. Assumption of Charges Instead of Discharge
5. Advance Payment Obligation
6. Reduced Compensation
7. Basis for Definition of SCM Contributions
Chapter 7 Aviation Security Ludwig Weber
I. HISTORICAL ASPECTS AND OVERVIEW
A. INTRODUCTION
B. AIR PIRACY
C. HIJACKING AND HOSTAGE-TAKING
D. VIOLENCE AT AIRPORTS
E. SABOTAGE OF AIRCRAFT
F. THE ATTACKS OF 11 SEPTEMBER 2001
II. INTERNATIONAL CONVENTIONS
A. TOKYO CONVENTION OF 1963
B. HAGUE CONVENTION OF 1970
C. MONTREAL CONVENTION OF 1971
D. PROTOCOL ON VIOLENCE AT AIRPORTS (VIA) OF 1988
E. THE CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES OF 1991 (MEX)
F. THE BEIJING CONVENTION AND PROTOCOL OF 2010
III. ANNEX 17 AND RELATED PROVISIONS
A. ANNEX 17: SECURITY
1. Organization
2. Preventive Security Measures
3. Response Management
B. OTHER ANNEXES
IV. LEGAL MANAGEMENT AFTER 11 SEPTEMBER 2001
A. ICAO ASSEMBLY RESOLUTION A33-1
B. WAR-RISK INSURANCE
C. AVIATION SECURITY PLAN OF ACTION
D. UNIVERSAL SECURITY AUDIT PROGRAMME
E. DOMESTIC LEGISLATION
F. COOPERATIVE PROGRAMMES
V. UNRULY PASSENGERS
VI. CURRENT DEVELOPMENTS IN AVIATION SECURITY
A. GENERAL
B. RISK ASSESSMENT CONCEPT
C. SKY MARSHALS
D. LIQUIDS, AEROSOLS, AND GELS
E. AIR CARGO SECURITY AND COMPREHENSIVE AVSEC STRATEGY
Part II EU Aviation Law (Selected Issues)
Chapter 8 The European Organization of Aviation
I. EC/EU
A. ESTABLISHMENT AND ORGANIZATION
B. RESPONSIBILITIES AND OBJECTIVES
II. EUROPEAN CIVIL AVIATION CONFERENCE (ECAC)
A. ESTABLISHMENT, OBJECTIVES, AND RESPONSIBILITIES
B. STRUCTURE AND WORK METHOD
C. FOCUS OF ECAC ACTIVITIES
III. JOINT AVIATION AUTHORITIES (JAA)
IV. EUROPEAN AVIATION SAFETY AGENCY (EASA)
V. EUROCONTROL
A. ESTABLISHMENT
B. ORIGINAL RESPONSIBILITIES AND OBJECTIVES
C. AMENDMENT OF THE CONVENTION
D. RESPONSIBILITIES AND OBJECTIVES IN THE VERSION OF THE AMENDMENT PROTOCOL
E. STRUCTURE AND INSTITUTIONS
F. FINANCING
G. AIR NAVIGATION CHARGES
VI. EUROPEAN AIR TRAFFIC CONTROL/SINGLE EUROPEAN SKY
A. DEVELOPMENT OVER THE LAST YEARS
B. GENERAL ASPECTS AND OBJECTIVES OF CREATING THE SINGLE EUROPEAN SKY
Chapter 9 Supranational Law: EU Law
I. PRIMARY EU LAW
II. SECONDARY EU LAW
A. REGULATIONS AND THEIR LEGISLATIVE IMPACT
B. DIRECTIVES AND THEIR LEGISLATIVE IMPACT
C. DECISIONS AND THEIR LEGISLATIVE IMPACT
D. RECOMMENDATIONS AND OPINIONS AND THEIR LEGISLATIVE IMPACT
Chapter 10 Liability in European Law
I. LIABILITY ARISING FROM THE OPERATION OF AIRCRAFT
A. LIABILITY ARISING FROM AN AIR CARRIAGE AGREEMENT IN ACCORDANCE WITH EUROPEAN LAW
1. Preface
2. The Original Version of the EC Liability Regulations
3. Liability in Accordance with European Law Following the Accession of the EC to the MC
a. Liability of Air Transportation Companies in the Union When Carrying Persons and Their Luggage
b. The System of Liability Arising from the Carriage Agreement in Accordance with European Law: Comparative Overview: EU Air Carriers and Non-EU Air Carriers
4. Denied Boarding, Cancellation and Long Delays
a. EEC Regulation No. 295/91
b. EC Regulation No. 261/2004
B. THIRD PARTY LIABILITY IN ACCORDANCE WITH EUROPEAN LAW
II. PRODUCT LIABILITY ACCORDING TO EUROPEAN LAW
A. EUROPEAN PRODUCT LIABILITY: GENERAL
B. THE PROVISIONS OF THE PRODUCT LIABILITY DIRECTIVE IN DETAIL
1. Absolute Liability
2. Product
3. Liable Parties
4. Damage
5. Defect
6. Burden of Proof
7. Joint Liability
8. Liability Disclaimer
9. Reduction of Liability
10. Statute of Limitation
11. Term of Preclusion
12. 'Options'
C. TYPICAL PRODUCT LIABILITY CASES IN AVIATION
D. PRODUCT LIABILITY AND AVIATION LAW LIABILITY
E. LIABILITY COVER AND REFORM EFFORTS
Chapter 11 Aviation Security in the European Union
I. THE REGULATION (EC) ON AVIATION SECURITY 300/2008
A. STRUCTURE AND LEGAL CHARACTER OF THE REGULATION (EC) ON AVIATION SECURITY
B. THE FUNCTIONALITY OF THE REGULATION (EC) ON AVIATION SECURITY
C. ADDITIONAL REGULATIONS ADOPTED BY COMITOLOGY PROCEDURE
D. IMPORTANT INTRODUCTIONS AS A RESULT OF EC REGULATION 300/2008
II. ALLOCATION OF THE 'OPEN OBLIGATIONS' OF REGULATION (EC) ON AVIATION SECURITY
A. PARAMETERS FOR ALLOCATION
B. THE MAIN 'OPEN OBLIGATIONS'
1. Screening of Passengers and Cabin Baggage
2. Screening and Protection of Hold Baggage, Cargo, and Mail
3. Airport Security, including Access Control and Screening of Staff
4. Aircraft Security, including Aircraft Inspections and Protection of Aircraft
5. Other 'Open Obligations' to be allocated
III. AIR CARGO SECURITY
A. BACKGROUND
B. LEGAL PERSONS: REGULATED AGENT, KNOWN CONSIGNOR AND ACCOUNT CONSIGNOR
1. The Regulated Agent
a. Conducting Business with an Air Carrier
b. Approval by the Aviation Security Authority
c. Criteria for Approval
d. Obligations of the Regulated Agent
2. The Known Consignor/the Account Consignor
a. The Known Consignor
b. The Account Consignor
Chapter 12 Aviation and the European Emissions Trading Scheme
I. BACKGROUND OF THE EU ETS DIRECTIVE
II. EUROPEAN GREENHOUSE GAS EMISSIONS TRADING SCHEME IN GENERAL
III. CATEGORIES OF AVIATION ACTIVITIES INCLUDED IN THE EU ETS
IV. ALLOCATION OF ALLOWANCES
V. GENERAL RULES OF THE EMISSION TRADING SCHEME IN AVIATION
VI. PENALTIES
VII. GENERAL TIMEFRAME OF ACTIVITIES REQUIRED UNDER THE DIRECTIVE
VIII. DEBATE ON THE (LEGALITY OF THE) EU ETS
A. THE US CONS
1. The Legal Objections
2. Legal Recourse
3. Legal action
B. THE POSITION OF AFRICAN STATES
C. THE EU PROS
1. Political Statements
2. Legal Arguments
a. Scientific Opinion
b. The UK Case Argumentation
Appendices
Appendix 1 Convention1 on International Civil Aviation
Appendix 2 IATA Act of Incorporation
Appendix 3 Articles of Association
Appendix 4 Convention on Recognition of Rights in Aircraft (Geneva convention), 1948
Appendix 5 Convention on International Interests in Mobile Equipment (Cape Town Convention) 2011
Appendix 6 Protocol to the Convention on International interests in Mobile Equipment on Matters Specific to Aircraft Equipment
Appendix 7 Regulations and Procedures for the International Registry
Appendix 8 Convention on Offences and Certain Other Acts Committed on Board Aircraft
Appendix 9 Convention for the Suppression of Unlawful Seizure of Aircraft
Appendix 10 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
Appendix 11 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the connection for the Suppression of Unlawful Acts against the safety of Civil Aviation done at montreal on 23 september 1971
Appendix 12 Convention on the Marking of Plastic Explosives for the Purpose of detection
Appendix 13 ICAO Annex 17 - Security (Safeguarding International Civil Aviation against Acts of Unlawful Interference)
Appendix 14 ICAO Assembly Resolution A33-1
Appendix 15 Regulation (EC) No. 216/2008
Appendix 16 Regulation (EC) No. 300/2008 of the European Parliamentand of the Council
Appendix 17 Regulation (EC) No. 1008/2008 of the European Parliament and of the Council
Index
Back Cover

Systemvoraussetzungen

Als PDF speichern Als Link merken