Behind and Beyond the Chicago Convention

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

Pablo Mendes de Leon(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 21. August 2019

504 Seiten

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Behind and Beyond the Chicago Convention The Evolution of Aerial Sovereignty Edited by Pablo Mendes de Leon & Niall Buissing The Convention on International Civil Aviation which was 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 celebrating its 75th birthday, thirty-three of the most distinguished authors in aviation law offer perspectives on the quality of the Convention's achievements, which principally address the promotion of safety and security. Emphasising the Convention's flexibility in the accommodation of social and technological changes, the authors investigate such topics and issues as the following: environmental protection measures such as abatement of noise and reduction of the damaging effects of gaseous emissions; effect of new methods of communication such as Global Navigation Satellite Systems (GNSS); distinction between civil and State aircraft; economic regulation as established under air services agreements between States; cybersecurity measures; compensation for damages; liberalisation of air services; role of regional aviation organisations, in particular, that of the European Union; position of airlines, airports, and providers of air navigation services; and territorial jurisdiction with respect to areas lacking a universally accepted sovereign status. Annexes include the original texts of the Paris Convention 1919 and the Chicago Convention 1944. With its incisive perceptions put forward by distinguished aviation lawyers including an exploration of the absolute character of sovereignty this book is without peer in its analysis of how the Chicago Convention affects the regulation of international civil aviation and the operation 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.

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Intro
Half-Title Page
Title Page
Copyright Page
Editors
Contributors
Summary of Contents
Table of Contents
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
§1.01 INTRODUCTION
§1.02 THE SOVEREIGNTY DEBATE IN THE GENESIS OF THE 1919 PARIS CONVENTION
[A] Pre-existing Legal and Academic Debates on Air Sovereignty
[1] The 'Second Battle of the Books'
[2] The Diverging Approaches Adopted by Learned Societies
[B] The 1910 Paris International Conference
[C] The Aeronautical Commission of the 1919 Paris Peace Conference
§1.03 AIR SOVEREIGNTY IN THE 1919 PARIS CONVENTION
[A] The First Steps Towards the Establishment of Air Sovereignty
[B] The Consecration of the 'Air Sovereignty' Theory
[C] The Right of Innocent Passage
[1] A Concession Reserved to Contracting Parties
[2] The Limited Reach of the Right of Innocent Passage
[3] Equal Treatment of National and Foreign Aircraft
[D] The Creation of the ICAN
§1.04 CONCLUSIONS
Chapter 2 Aerial Sovereignty: From Paris 1919, Through Chicago 1944, to Today
§2.01 A WORKABLE DEFINITION OF NATIONAL AERIAL SOVEREIGNTY
§2.02 AERIAL SOVEREIGNTY IN THE PARIS AND CHICAGO CONVENTIONS
§2.03 HORIZONTAL SOVEREIGNTY
[A] Land and Territorial Waters
[B] Antarctica
[C] Aerial Sovereignty Resulting from the UNCLOS
§2.04 VERTICAL SOVEREIGNTY: THE UPPER LIMITS OF NATIONAL AERIAL SOVEREIGNTY IN VIEW OF EMERGING OUTER SPACE ACTIVITIES
§2.05 CURRENT ISSUES
[A] New Islands
[B] Claims to Sovereignty in Polar Regions
[C] Relationships Between Oceanic FIRs and National Aerial Sovereignty
§2.06 CONCLUDING REMARKS
Chapter 3 Sovereignty as a Basic Concept of International Law and a Core Principle of Air Law
§3.01 THE DEVELOPMENT OF THE PRINCIPLE OF SOVEREIGNTY
§3.02 SOVEREIGNTY IN RELATION TO COMMERCIAL AVIATION
§3.03 SOVEREIGNTY IN RELATION TO THE CONTROL OF NATIONAL AIRSPACE
§3.04 CONFLICT ZONES: THE INSTANCE OF MH17
§3.05 CONCLUDING PERSPECTIVES
Chapter 4 The Development of Civil Aviation and Its Impact on Sovereignty
§4.01 INTRODUCTION
§4.02 LIMITATIONS ON THE PRINCIPLE OF AIR SOVEREIGNTY IMPOSED BY THE ORIGINAL CHICAGO CONVENTION
§4.03 THE EVOLUTION OF THE CONCEPT OF SOVEREIGNTY
§4.04 LIMITATION ON THE ENFORCEMENT OF SOVEREIGN AUTHORITY UNDER NEW TREATY OBLIGATIONS
§4.05 THE IMPACT OF GLOBALIZATION AND GENERAL WORLD TRENDS ON THE DEVELOPMENT OF THE PRINCIPLE OF SOVEREIGNTY
§4.06 CONCLUSION
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
§5.01 INTRODUCTION
§5.02 STATE SOVEREIGNTY AND THE NEED FOR INTERNATIONAL COOPERATION
§5.03 ICAO PROMOTING AVIATION SAFETY
§5.04 ICAO'S AUDIT FUNCTION
[A] Universal Safety Oversight Audit Programme
[B] Universal Security Audit Programme
[C] Significant Implications from the Success of ICAO's Audits
§5.05 IMPLEMENTATION OF SARPS THROUGH REGIONAL MECHANISMS
[A] The Need for RSOOs
[B] The Purpose of an RSOO
[C] State Sovereignty in Relation to RSOOs
§5.06 CONCLUSION
Chapter 6 The Impact of Sovereignty on Regional Cooperation in Civil Aviation: The Russian Perspective
§6.01 INTRODUCTION
§6.02 RUSSIA'S REGIONAL COOPERATION IN CIVIL AVIATION STARTING FROM THE EARLY 1990S AND UNTIL 2015
[A] Regional Cooperation in the Area of Aviation Safety and Aircraft Accident Investigation until 2015
[B] Problems of Regional Cooperation in the Area of Economic Regulation of Air Transport
§6.03 RUSSIA'S REGIONAL COOPERATION IN CIVIL AVIATION STARTING FROM 2015
[A] Regional Cooperation in the Area of Aviation Safety and Aircraft Accident Investigation Starting from 2015
[1] Limitation of the IAC's Role in the Area of Aviation Safety Certification
[2] Establishment of New Aviation Accident Investigation Body
[B] Perspectives of Regional Cooperation in the Area of Economic Regulation of Air Transport Within the Framework of EAEU
§6.04 CONCLUSION
Chapter 7 LACAC and Current Challenges of Civil Aviation in Latin America
§7.01 INTRODUCTION
§7.02 HISTORY AND FUNCTIONS OF LACAC
[A] Brief History and Roles of LACAC
[B] Functions of LACAC
[C] Structure of LACAC
§7.03 CHALLENGES AND OPPORTUNITIES OF THE LATIN AMERICAN AVIATION INDUSTRY IN THE TWENTY-FIRST CENTURY
[A] Latin American Civil Aviation Performance
[B] Rethinking Aviation Regulations for Latin America
[1] Proposed Policy Objectives
[2] The Need for Regulatory Changes
[3] Economic Factors, Including Taxation
[4] Open Skies Initiatives
[C] The Need to Secure Adequate Aviation Infrastructure in Latin America
§7.04 REORIENTING LACAC'S WORK
[A] Current LACAC's Strategic Plan
[B] Areas of Work in Which LACAC May Coordinate Additional Actions
§7.05 CONCLUDING REMARKS
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
§8.01 THE PRINCIPLE OF STATE SOVEREIGNTY UNDER THE CHICAGO CONVENTION ON INTERNATIONAL CIVIL AVIATION (1944)
§8.02 THE EMERGENCE OF RASOS
§8.03 THE EASA: A SUCCESS STORY OF A REGIONAL AVIATION SAFETY ORGANISATION
§8.04 EASA FROM THE PERSPECTIVE OF ICAO AND THE CHICAGO CONVENTION
§8.05 THE INTERACTION BETWEEN THE ICAO USOAP AND EASA ACTIVITIES
§8.06 CONCLUSIONS
Part III Sovereignty Pertaining to Air Traffic Management
Chapter 9 Sovereignty Pertaining to Air Traffic Management
§9.01 INTRODUCTORY REMARKS: THE FRAGMENTATION OF EUROPEAN SKIES
[A] International State Responsibility for Air Traffic Management
[B] Community Action Regarding the Management of European Skies
[C] The Adoption of the Single European Sky Regulations
[D] The Involvement of SESAR Joint Undertaking
§9.02 THE SES AS AN ANSWER TO INEFFICIENCY OF THE AIR TRANSPORT SYSTEM
[A] The SES as an Essential Part of the EU Actions in the Air Transport Sector
[B] The SES II Package for a Safer and Sustainable Growth
[C] The Inability to Cope with the Air Traffic Growth
§9.03 SESAR: THE WAY TO ATM'S MODERNIZATION
§9.04 THE MAIN OBSTACLES FOR A MORE EFFICIENT EUROPEAN ATM
[A] The Protection of the Sovereignty Principle by the Member States
[B] The Inaccuracy of the Cost-Benefit Analysis
[C] The Unclear Allocation of Responsibilities
§9.05 CONCLUSIONS
Chapter 10 Unmanned Aircraft Systems (UAS) Engaged in International Air Transport
§10.01 INTRODUCTION
§10.02 WHAT IS INTERNATIONAL AIR TRANSPORT AND HOW REALISTIC IS THE OPERATION OF UNMANNED AIRCRAFT IN SUCH ACTIVITY?
[A] Defining International Air Transport
[B] The Potential Use of Unmanned Aircraft in International Air Transport
[C] How Common Are Unmanned Aircraft International Flight Operations?
§10.03 THE GOVERNING REGIME FOR THE INTERNATIONAL AIR TRANSPORT OF UNMANNED AIRCRAFT UNDER THE CONVENTION ON INTERNATIONAL CIVIL AVIATION OF 1944
[A] Purpose of This Section
[B] Principles Governing Air Transport in the Convention on International Civil Aviation of 1944
[C] The Principle of Lex Specialis Derogat Generalis as Applied to the Operation of Unmanned Aircraft
[1] Principles of Interpretation
[2] Lex Specialis as Applied to Article 8 of the Chicago Convention 1944
[3] Differences in the 'Prior Authorisation' Term Present in Articles 5, 6, 7 and 8
§10.04 THE REGIME GOVERNING INTERNATIONAL AIR TRANSPORT OF UNMANNED AIRCRAFT UNDER ASAS
[A] Are the Freedoms of the Air Applicable to Unmanned Aircraft?
[B] Are Bilateral/Multilateral ASAs Applicable to the International Air Transport of Unmanned Aircraft?
§10.05 CONCLUDING REMARKS
Chapter 11 Limits in the Sky: Sovereignty and Air Navigation Services
§11.01 INTRODUCTION
§11.02 THE CASE FOR CROSS-BORDER SERVICE PROVISION
§11.03 RECONCILING SOVEREIGNTY WITH CROSS-BORDER SERVICE PROVISION
[A] Airspace Sovereignty
[B] Regulation and Oversight
[C] Civil-Military Cooperation
[D] Formal Arrangements
§11.04 CONCLUSION
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?
§12.01 BACKGROUND
§12.02 CONCEPTIONS AND LEGAL BASIS
[A] Air Traffic Management (ATM)
[1] Definitions
[2] Elements
[3] Legal Basis of Delegating the FIR
[B] Flight Information Region (FIR)
[1] Definition
[2] Legal Basis for Controlling the FIR and ATS
[3] The Legal Basis for Controlling ATS above Open Seas or above Undetermined Sovereignty
§12.03 THE SINGAPORE FIR AND ITS IMPLICATIONS
[A] Military
[B] Security
[C] Safety
[D] Economic Impact
§12.04 LESSONS LEARNED FROM THE PAST FAILURES
[A] Recent Improvements in Safety Standards
[B] The Failure to Become a Member of the ICAO Council
[C] Different Perception on the Urgency for Realignment
[D] Lack of Coordination Among Governmental Institutions
[E] Lack of Infrastructure Readiness
§12.05 CONTROVERSIAL ISSUES WHETHER THE FIR IS AN ISSUE OF SOVEREIGNTY VERSUS SAFETY, OR BOTH?
[A] The FIR Is Only a Technical and Operational Issue for Aviation Safety
[B] The FIR Is Related to Sovereignty and Even Dignity
[C] A Combination?
§12.06 KEY FACTORS FOR SPEEDING UP THE REALIGNMENT PROCESS
[A] Strengthening Political Will
[B] Uniform Perception
[C] The Establishment of a Comprehensive and Integrated Approach
[D] Strengthening the Legal and Regulatory Basis
[E] Improving Coordination Mechanisms
[F] Strengthening Diplomacy
[G] Infrastructure Readiness
[H] Certainty on the Roadmap and Time Line
§12.07 THE WAY FORWARD
Chapter 13 Sovereignty and GNSS: Connecting the Traditional Legal Concept with High Technology
§13.01 INTRODUCTION TO GNSS UNDER CNS/ATM SYSTEMS
§13.02 THE CONCEPT OF SOVEREIGNTY IN THE CONTEXT OF GNSS
§13.03 SOVEREIGNTY OF GNSS USER STATES: THE INTRODUCTION OF GNSS UNDER ARTICLE 28 OF THE CHICAGO CONVENTION
[A] Sovereignty in the Provision of Air Navigation Service
[B] The Role of GNSS in the System of Air Navigation Facilities
[C] The Introduction of GNSS: User States' Sovereign Discretion or Obligation?
§13.04 SOVEREIGNTY OF GNSS PROVIDER STATES: THE DOCTRINE OF SOVEREIGNTY IMMUNITY AND PROPOSAL FOR A LEGAL SOLUTION
[A] The Issue of GNSS Civil Liability
[B] The Doctrine of Sovereignty Immunity in the Context of GNSS
[C] Proposal for a Waiver of Sovereign Immunity in a GNSS Legal Instrument
§13.05 THE FUTURE OF SOVEREIGNTY IN THE CONTEXT OF GNSS: ELIMINATING SOVEREIGN CONCERNS THROUGH THE COMMERCIALISATION OF GNSS
§13.06 CONCLUSION
Chapter 14 Sovereignty in Relation to Air Traffic Management
§14.01 INTERNATIONAL STATE RESPONSIBILITY FOR ATM
§14.02 IMPLEMENTATION OF GLOBAL STANDARDS IN DOMESTIC LEGISLATION
§14.03 STANDARDS PERTAINING TO ATS
§14.04 THE ESTABLISHMENT OF CROSS-BORDER ARRANGEMENTS ON THE PROVISION OF ATS
§14.05 THE SINGLE EUROPEAN SKY INITIATIVES
§14.06 CROSS-BORDER COOPERATION UNDER THE SINGLE EUROPEAN SKY
§14.07 TECHNICAL COOPERATION UNDER THE SINGLE EUROPEAN SKY
§14.08 CONCLUDING REMARKS
Chapter 15 The Delineation Between Civil Aircraft and State Aircraft: A Move into the Aviation World of Tomorrow after 75 Years of Uncertainty
§15.01 INTRODUCTION
§15.02 CHICAGO CONVENTION: BEFORE AND DURING
[A] Chronological Arrangement of the Subject
[B] Pre-Chicago Conference
[C] Discussions at the Chicago Conference (1944)
[D] The Distinction Laid Down in the Chicago Convention
[E] Categorization of Aircraft
[F] Implications for Procedures to Be Followed
[G] Concluding Remark
§15.03 OVERARCHING ISSUES WITH THE CHICAGO CONVENTION'S DISTINCTION BETWEEN CIVIL AND STATE AIRCRAFT
§15.04 CONCLUSION
Chapter 16 Does an Immovable Object Meet an Irresistible Force?
§16.01 INTRODUCTION
§16.02 THE CHICAGO REGIME
§16.03 ARRESTED DEVELOPMENT
§16.04 THE EU SINGLE AVIATION MARKET INITIATIVE
§16.05 THE IMPACT OF THE THIRD PACKAGE
§16.06 THE RISE OF TRANS-EU LOW-COST CARRIERS
§16.07 THE RISE OF THE TRANS-EU CARRIER GROUPS
§16.08 EXPANSION OF THE EU SINGLE AVIATION MARKET AND TRANSNATIONALITY
§16.09 CONCLUSION
Part IV Sovereignty in the Context of European Law and Policy
Chapter 17 Sovereignty in the Context of European Law and Policy
§17.01 INTRODUCTION
§17.02 SOVEREIGNTY AS THE COMPETENCE TO PRESCRIBE, APPLY AND ENFORCE THE LAW IN AVIATION
[A] The Competence of EU Member States
[B] The Competence of Third Countries
§17.03 EXAMPLES ILLUSTRATING THE NOTION OF SOVEREIGNTY IN EUROPEAN AVIATION POLICY
[A] National Carriers and the Community Air Carrier Concept
[B] The Introduction of EU ETS for International Aviation by the EU
[C] The Decision by the EU and the ECJ on Applying the EU Emission Trading Scheme on Aviation to Switzerland
[D] The Various Decisions by the ECJ on Passenger Rights
§17.04 CONCLUSION
Chapter 18 Sovereignty: The Implications of the EU Internal Air Transport Market for Air Services Agreements with Third Countries
§18.01 INTRODUCTION
§18.02 AIR SERVICES AGREEMENTS WITHIN THE CHICAGO CONVENTION FRAMEWORK
§18.03 THE EU EXPERIENCE: REGIONALISATION OF AERIAL SOVEREIGNTY?
[A] The Emergence of Regionalism in International Civil Aviation
[B] ASAs Concluded by Member States Prior to the ECJ Rulings of 2002
[C] The Open Skies Judgments of 5 November 2002
§18.04 THE EXTERNAL AVIATION POLICY OF THE EU AND ITS MEMBER STATES
[A] The First Steps Towards the Establishment of a Common External Aviation Policy
[B] ASAs Between EU and Third States
[C] ASAs Between Member States and Third Countries
[D] The Nationality Clause
§18.05 SPECIFIC CASES
[A] The Notion of 'Shared Competencies'
[B] Russia
[C] China
[D] Qatar
§18.06 CONCLUSION
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?
§19.01 AIRCRAFT GROUND HANDLING
§19.02 THE CHICAGO CONVENTION AS APPLIED TO AIRCRAFT GROUND HANDLING
§19.03 THE IATA SGHA AND ITS LIABILITY REGIME
§19.04 THE SGHA LIABILITY REGIME HELD UNENFORCEABLE BY GERMAN COURT
[A] Liability Disputes Arising out of Ground Handling Activities
[B] The Facts of the Case
[C] The Position of the Plaintiff
[D] The Position of the Defendant
[E] The Court's Decision
[F] Current Status of the Litigation
§19.05 CAN THE CHICAGO CONVENTION BE A REMEDY IN THIS SITUATION?
Chapter 20 Bilateralism and Equality of Opportunity under Scheduled Services: Are Air Services Agreements the Sole and Absolute Source for Traffic Rights?
§20.01 INTRODUCTION
§20.02 MARKET ACCESS UNDER THE CHICAGO CONVENTION
§20.03 THE REALITY OF HAVING DIFFERENT TREATMENT BETWEEN STATES AS AN EXERCISE OF SOVEREIGNTY UNDER BILATERAL ASAS
§20.04 SITUATIONS WHERE SOVEREIGNTY THREATENS EQUALITY
§20.05 THE RELEVANCE OF THE EQUALITY OF OPPORTUNITY PRINCIPLE SET FORTH IN THE PREAMBLE TO THE CHICAGO CONVENTION
§20.06 THE BALANCE BETWEEN SOVEREIGNTY AND EQUALITY OF OPPORTUNITY AND ITS RELATIONSHIP WITH BILATERAL ASAS
§20.07 ADDITIONAL EXAMPLES WHERE THE BALANCED RULE BETWEEN SOVEREIGNTY AND EQUALITY OF OPPORTUNITY MAY BE USEFUL
§20.08 CONCLUSIONS
Chapter 21 Sovereignty and Air Services Agreements in Asia: The Long Flight from Bilateralism to Multilateralism
§21.01 OVERVIEW
§21.02 MULTILATERAL EFFORTS AT LIBERALIZATION IN ASIA
[A] Asia's Emerging Markets
[B] Third, Fourth, Fifth Freedom Rights and Beyond in Plurilateral Air Services Agreements
[C] Remaining Restrictions in North East Asia, with Particular Reference to China's Position
[D] Maintaining the 'Bilateral Model' in South Asia, with Particular Reference to India
[E] The European Model for the Liberalization of Air Services
[F] Concluding Remark
§21.03 THE AIRLINE'S LINK WITH NATIONALITY: OWNERSHIP AND CONTROL RESTRICTIONS
[A] The Traditional Approach
[B] The 'Principal Place of Business' Formula
[C] Regional Solutions and ASEAN's Efforts to Liberalize Nationality Requirements
§21.04 A COMMON EXTERNAL AVIATION POLICY?
[A] Internal and External Limitations of the ASEAN 'Market'
[B] ASEAN's Prospects for International Air Services Agreements
[C] Concluding Remarks
§21.05 CONCLUSION
Chapter 22 Airspace Sovereignty in the Chicago Regime: A Reality Check
§22.01 INTRODUCTION
§22.02 AIRSPACE SOVEREIGNTY
§22.03 REALITIES
[A] The Dynamic Development of Airspace Sovereignty
[B] Economic Reality
[C] Liberalisation of ASAs
§22.04 CONCLUSIONS
Part V Sovereignty in Relation to Air Services Agreements
Chapter 23 Sovereignty and Air Services Agreements: The Case of China
§23.01 INTRODUCTION
§23.02 ECONOMIC REGULATORY FRAMEWORK FOR THE OPERATION OF INTERNATIONAL AIR SERVICES
[A] Chicago Convention
[1] Airspace Sovereignty
[2] Operation of Non-scheduled International Flights
[3] Operation of Scheduled International Air Services
[4] Cabotage
[B] Transit Agreement and Transport Agreement
[C] Bilateral Regulation of International Air Services
[D] Regional and Plurilateral Developments
§23.03 BILATERAL ASAS OF CHINA IN A NUTSHELL
[A] General Observations
[B] The Belt and Road Initiative and Bilateral ASAs of China
[C] The EU Horizontal Aviation Agreement with China Signed in 2019
§23.04 CHINA'S GRADUAL AND PROGRESSIVE APPROACH TOWARDS AIR SERVICES LIBERALISATION
[A] General Observations
[B] Recent Liberalisation Pertaining to Bilateral ASAs of China
[C] The China-ASEAN ASA (2010) and Protocol 2 on Fifth Freedom (2014)
[D] Opening-Up of Traffic Rights on a Unilateral Basis in Hainan: Fifteen Years On
§23.05 CONCLUSION
Chapter 24 A US Perspective on the Utility of the Chicago Convention
§24.01 CHANGING PATTERNS IN AIR TRAVEL
§24.02 WITH TECHNOLOGIES LAGGING BEHIND
§24.03 THE EVOLUTIONARY PROCESS OF THE INTERNATIONAL REGULATORY REGIME
[A] The Role of the Chicago Convention
[B] The Post-War Years
[C] The US Position in the Post-War Era
[D] Deregulation in the US
[E] International Deregulation
§24.04 STRAINS ON THE INTERNATIONAL BILATERAL MODEL
[A] Tensions Between the Bilateral Model and Aspirations of the Airline Industry
[B] Steps for Maturing the Airline Industry
§24.05 THE FUTURE OF THE AIRLINE INDUSTRY UNDER THE CHICAGO CONVENTION
[A] The Flexibility of the Chicago Regime
[B] Towards a Multilateral Regime
[C] Enforcement of Rules on Competition and Subsidies
Chapter 25 Multilateral Approach to Market Access Expansion: What the Future Holds
§25.01 INTRODUCTION
§25.02 TWO FREEDOMS VERSUS FIVE FREEDOMS
§25.03 PROTECTING THE TURF: SOVEREIGNTY AS A GUARANTEE FOR EQUAL OPPORTUNITY
§25.04 RESISTANCE TO THE INTERNATIONAL AIR TRANSPORT AGREEMENT
§25.05 THE COMPLEX WORLD OF BILATERALISM
§25.06 WAS THE TRANSPORT AGREEMENT AHEAD OF ITS TIME BECAUSE OF THE FIFTH FREEDOM RIGHTS?
§25.07 OTHER FACTORS AFFECTING THE VIABILITY OF THE TRANSPORT AGREEMENT
§25.08 MULTILATERAL LIBERALIZATION EFFORTS
§25.09 RECENT ICAO EFFORTS TOWARDS FORMULATING MULTILATERAL AGREEMENT
§25.10 THE FUTURE OF MULTILATERALISM
§25.11 CONCLUSION
Chapter 26 The Chicago Convention Article 83bis: Legal Considerations When Entering into and Benefitting from Article 83bis Arrangements
§26.01 THE CHICAGO CONVENTION AND PRACTICAL COMPLICATIONS WITH PROPER FULFILMENT OF THE OBLIGATIONS THEREUNDER
§26.02 ANALYSIS OF ARTICLE 83BIS OF THE CHICAGO CONVENTION
[A] Legal Effect and Basic Principles
[B] Scope of Applicability in General
§26.03 CONSIDERATIONS WHEN ENTERING INTO AND USING ARTICLE 83BIS AGREEMENTS
[A] General Conditions for Entering into Article 83bis Agreements
[B] Consideration When Preparing the Agreement
[C] Drafting the Agreement and Typical Pit-Falls
[D] During the Term of the Agreement
§26.04 CONCLUDING REMARKS
Part VI The Future of Sovereignty in International Civil Aviation
Chapter 27 Reflections on the "New Sovereignty" and the Future of International Civil Aviation
§27.01 INTRODUCTION: BEYOND WESTPHALIA
§27.02 AIRSPACE SOVEREIGNTY IN THE CHICAGO CONVENTION
§27.03 FUNCTIONALISM: THE NEW SOVEREIGNTY
§27.04 ICAO AND THE NEW SOVEREIGNTY UNDER THE CHICAGO CONVENTION
§27.05 TRADITIONAL SOVEREIGNTY IN THE ECONOMIC REGULATION OF GLOBAL AVIATION
§27.06 THE FUTURE OF A NEW AIRSPACE SOVEREIGNTY
§27.07 CONCLUSION
Chapter 28 The Future of Sovereignty in International Civil Aviation: The Resurgence of Sovereignty Versus the Freedom of Flight
§28.01 INTRODUCTION
§28.02 THE CONCEPT OF SOVEREIGNTY
§28.03 THE RISE OF NATIONALISM
§28.04 THE RESURGENCE OF SOVEREIGNTY IN THE REALM OF AVIATION
[A] The Cardinal Role of Sovereignty in Aviation
[B] The Evolution of Bilateral ASAs in Relation to the Principle of Sovereignty
[C] The Future of Bilateral ASAs in Relation to the Principle of Sovereignty
§28.05 CONCLUSION
Chapter 29 The Future of Sovereignty in International Civil Aviation
§29.01 TECHNOLOGY AND THE LAW
§29.02 POLITICAL CONSIDERATIONS OF SOVEREIGNTY
[A] Factors Affecting the Concept of Sovereignty
[B] Sovereignty Circa 1944
[C] The Developmental Forces of Sovereignty
[1] From Protectionism to Open Markets under State Sovereignty
[2] Regional Engagements and Agencies
[3] Responsibility for Safety under State Responsibility
[4] The Provision of Air Navigation Services
[5] The Establishment of Uniform Rules and Procedures
[6] Balancing Uniform Rulemaking with National Competencies for Their Implementation
[7] Concluding Remark
§29.03 THE RELATIONSHIP BETWEEN SOVEREIGNTY AND TECHNOLOGY
[A] Basic Elements of Sovereignty
[B] Defining Sovereignty in a Territorial Sense
[1] In Relation to the Law of the Sea
[2] The Vertical Limit: The Boundaries with Outer Space
[C] Sovereignty under Future Air and Space Law
[1] Future Interactions Between Aviation and Outer Space Related Activities
[2] Conceptual Differences Between Air and Space Law
[3] Interpretation of Terms Laid Down in Air and Space Law
[4] Application of Treaty Rules
§29.04 CONCLUSION
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
AEROSPACE LAW AND POLICY SERIES

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