Introduction to Air Law

Name: Introduction to Air Law
Brand: Wolters Kluwer
Price: 132.99 EUR
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Pablo Mendes de Leon(Autor*in)

Wolters Kluwer (Verlag)

Erschienen am 11. August 2022

672 Seiten

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Beschreibung

The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of 'unruly' passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book's extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas.The present edition addresses the following topics:the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace;the distinction between State and civil aircraft;dispute settlement in international civil aviation;economic regulation of international air transport services, including the establishment of air services agreements;inter-airline cooperation in the context of competition law regimes;liability of the various service providers, in particular airlines, and related insurance coverage;the promotion of safety standards;criminal acts affecting the safety of aviation;the role of international and regional organisations with particular reference to that of the European Union;liability of the aircraft manufacturer for equipment; andfinancial and security interests in mobile equipment.The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.

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Inhalt

Intro
Half-Title Page
Title Page
Copyright Page
Table of Contents
List of Abbreviations and Acronyms
Preface
Acknowledgement
Chapter 1 The Regime of International Civil Aviation
1 Definition of Air Law
2 The Development of Air Law
2.1 Origin
2.2 The Autonomy of Air Law
2.3 Sources of Air Law
2.4 The Law of Treaties
2.4.1 Treaties as Sources of International Law
2.4.2 Concept of a Treaty
2.4.3 The Vienna Convention on the Law of Treaties 1969
2.4.4 Procedural Conditions
2.5 The First Public Air Law Conventions
3 The Chicago Convention on International Civil Aviation (1944)
3.1 The Central Role of Sovereignty in the Air
3.2 The Conclusion of the Chicago Convention
3.3 Basic Principles
3.3.1 Application to International Civil Aviation
3.3.2 Application to Civil Aircraft Only
3.3.2.1 Definition
3.3.2.2 The Distinction Between Civil and State Aircraft
3.3.2.3 Nationality of Aircraft
3.3.2.4 References to State Aircraft in International Conventions
3.3.2.5 Joint Registration of Aircraft
3.3.2.6 Concluding Remarks
3.3.3 Cooperation on the Basis of Equality
3.3.4 Territorial Jurisdiction
3.3.5 Scheduled and Non-scheduled Air Services
3.3.6 Safety Regulation (ICAO)
3.3.6.1 The 19 Annexes of ICAO
3.3.6.2 Enforcement
3.3.6.3 Air Traffic Management
3.3.7 Security Regulation (ICAO)
3.3.7.1 The Establishment of Prohibited and Restricted Areas
3.3.7.2 Attacks Against Aviation
3.3.7.3 Closure of Airspace in Practice
3.3.7.4 Cybersecurity
3.3.7.5 Immigration
3.3.7.6 Concluding Remarks
3.3.8 The Protection of the Environment
3.3.9 Dispute Settlement under the Chicago Convention
3.3.9.1 The Role of ICAO
3.3.9.2 Cases Before the ICAO Council
3.3.9.3 Appeal Procedure Before the ICJ
3.3.9.4 The Middle East Blockade (2017-2021)
3.3.9.5 Sanctions
3.3.9.6 Concluding Remarks
4 International Organisations (Worldwide)
4.1 ICAO (The International Civil Aviation Organisation)
4.1.1 Objectives
4.1.2 The Assembly
4.1.3 The Council
4.1.4 The Air Navigation Commission
4.1.5 The Secretariat
4.2 The International Air Transport Association (IATA)
4.3 Other Organisations
5 Regional Organisations and Arrangements
5.1 European Civil Aviation Conference
5.2 Eurocontrol
5.3 Other Regional Organisations
6 Concluding Remarks
Chapter 2 Operation of Air Services under International Law
1 The Need For International Air Services Agreements (ASAs)
1.1 Opening National Airspace Through Bilateral ASAs
1.1.1 From Closed to Open Airspaces
1.1.2 Aviation Outside the WTO
1.2 Licensing of Carriers
1.2.1 Licensing Procedures
1.2.2 Compliance with Safety Standards
1.2.3 Nationality Requirements
1.3 Terms of Bilateral ASAs
2 From Bermuda I to Open Skies
2.1 The Bermuda I and II Agreements
2.2 Objectives of a Bilateral ASA
2.3 From Governmental Control to Deregulation and Liberalisation of Air Services
2.4 Concluding Remarks
3 Market Access Rights
3.1 Designation of Air Carriers
3.2 Nationality Requirements
3.3 Compliance with International Safety and Security Standards
3.4 Single or Multiple Designation
3.5 Operational Rights
3.6 Traffic Rights
3.7 The Freedoms of the Air
3.8 Concluding Remarks
4 From Cooperation to Competition
5 Commercial Opportunities
6 Use of Infrastructure
7 Charges and Taxes
8 Settlement of Disagreements
8.1 Method of Settlement of Disagreements and Disputes
8.2 The US-France (1964): Interpretation of 'Near East'
8.3 US-Italy (1965-1967): Interpretation of Cargo/Mail
8.4 US-UK (1992): On Heathrow User Charges
8.5 Concluding Remarks
9 Registration and Termination
10 Open Skies Agreements
10.1 Launching the Open Skies Policy
10.2 Regional Liberalisation Developments
10.3 The EU-US Agreement on Air Transport
10.3.1 The Agreement of 2007
10.3.2 The Protocol of 2010 (Stage II)
10.3.3 The Working of the Joint Committee
10.3.4 Brief Evaluation
11 Inter-Airline Cooperation
11.1 From Traditional Forms of Cooperation to Foreign Investment
11.2 Code-Sharing and Franchising
11.3 Franchising
11.4 Airline Cooperation under Competition Scrutiny
12 Conclusions
Chapter 3 Operation of Air Services under EU Law
1 Scope of EU Law
1.1 The Relevance of EU Air Law for International and Domestic Air Law
1.2 The Expansion of EU Law and Policy
1.3 Boundaries of the EU and Its Laws
2 Sources of EU Law
2.1 Supranational Features of the EU
2.2 Principal Legal Acts
2.3 Division of Competencies
3 The Creation of Market Conditions for Air Transport
3.1 Progressing Liberalisation
3.2 The Completion of the Internal Air Transport Market
3.2.1 Licensing
3.2.2 Access to Routes
3.2.3 Freedom of Pricing
3.2.4 Global Distribution Systems
3.2.5 Environmental Policies
3.2.6 Labour Relations
3.2.7 Concluding Remarks
3.3 Competition
3.3.1 European Competition Rules
3.3.2 Application to the Aviation Sector
3.3.3 The External Competence of the EU in Competition Cases
3.3.3.1 The Commission's Competencies in External Relations
3.3.3.2 Extra-territorial Jurisdiction
3.3.3.3 EU Regulation 2019/712 on Safeguarding Competition in Air Transport in External Routes
3.3.3.4 The Air Freight Cartel Cases
3.3.4 Airline Alliances
3.3.5 Merger Control
3.3.5.1 The EU Merger Regulation (139/2004)
3.3.5.2 EU Case Law
3.3.5.3 Remedies in Merger Cases
3.3.5.4 Strategic Considerations
3.3.6 State Aid
3.3.6.1 The Speciality of the EU Regime
3.3.6.2 The Management of Cases by the EU Commission
3.3.6.3 Instruments for Supervising Cases
3.3.6.4 Airline Cases
3.3.6.5 State Aid Cases Involving Airports
3.3.6.6 State Aid During the COVID-19 Pandemic
3.3.6.7 Concluding Remarks
3.3.7 Concluding Remarks on Competition Matters
3.4 Concluding Remarks
4 The Regulation of Safety and Security
4.1 Safety
4.2 Security
4.2.1 The Introduction of Security Measures
4.2.2 The Protection of Aviation Security in Relation to Privacy
4.2.3 Transborder Traffic in the Schengen Area
4.2.4 Concluding Remarks
5 Infrastructure
5.1 Use of Infrastructure
5.1.1 Charges for the Provision of Airport Services
5.1.2 Slot Allocation
5.1.2.1 The Establishment of EU Regulation 95/93 on Slot Allocation
5.1.2.2 The Operational Link Between Slots and Traffic Rights
5.1.2.3 Slot Trading
5.1.2.4 Amendments to EU Regulation 95/93
5.1.2.5 Concluding Remarks
5.1.3 The Provision of Ground Handling Services
5.2 Air Traffic Management: The SES
5.2.1 Purposes
5.2.2 Governance
5.2.3 The Regulatory and Institutional Framework
5.2.4 Principal Instruments
5.2.5 The SES 2+ Package
5.2.6 Concluding Remarks
5.3 Environmental Protection
5.3.1 A 'Balanced Approach' Towards Noise Regulation
5.3.2 Regulation of Emissions: Towards a Global Approach?
5.3.2.1 The EU's Market-Based Approach
5.3.2.2 The Global Dimension
5.3.2.3 International Repercussions of the EU ETS
5.3.2.4 The EU's Reaction with Respect to International Repercussions
5.3.2.5 The Next Steps
5.3.3 Concluding Remarks
6 External Relations
6.1 From the Open Skies Judgments to a Three Pillar Policy
6.2 The Three Pillars
6.2.1 Horizontal Agreements
6.2.2 The Neighbourhood Policy
6.2.3 'Comprehensive' or 'Vertical' Agreements
6.2.4 The Special Relationship with the UK and Switzerland
6.2.4.1 The 'Brexit' Agreement
6.2.4.2 The Agreement Between the EC/EU and Switzerland (1999)
6.2.4.3 Concluding Remarks
6.3 Evaluation
7 Concluding Notes
Chapter 4 Contractual Air Carrier Liability under International Law
1 The Coming into Being of the Warsaw System
2 Modernisation and Consolidation under the Montreal Convention, 1999
3 Air Carrier Liability under International Air Law
3.1 Applicability
3.1.1 Under the Montreal Convention, 1999
3.1.2 Under the Warsaw Regime
3.1.2.1 Defining International Transportation and Carriage
3.1.2.2 Domestic Flights
3.1.3 Concluding Remarks
3.2 Documentation
3.2.1 Regulation under the Montreal Convention, 1999
3.2.2 Case Law under the Montreal Convention, 1999
3.2.3 Regulation under the Warsaw Regime
3.2.4 Case Law under the Warsaw Convention, 1929
3.2.5 Concluding Remarks
3.3 Right of Action: The Parties
3.3.1 Regulation under the Montreal Convention, 1999
3.3.1.1 The Passenger under the Montreal Convention, 1999
3.3.1.2 The Air Carrier under the Montreal Convention, 1999
3.3.1.3 Case Law on the Term 'Air Carrier' under the Montreal Convention, 1999
3.3.2 Regulation under the Warsaw Regime
3.3.2.1 The Passenger under the Warsaw Regime
3.3.2.2 Case Law on the Term 'Passenger' under the Warsaw Regime
3.3.2.3 The Air Carrier under the Warsaw Regime
3.3.2.4 Case Law on the Term 'Air Carrier' under the Warsaw Regime
3.3.2.5 Concluding Remarks
3.4 Right of Action of the Claimant
3.4.1 The Concept of Exclusivity under Private International Air Law
3.4.2 Exclusivity under the Montreal Convention, 1999
3.4.3 Case Law under the Montreal Convention, 1999
3.4.4 Regulation under the Warsaw Regime
3.4.5 Case Law on Exclusivity under the Warsaw Convention, 1929
3.4.6 Concluding Remarks
3.5 From Limited to Unlimited Liability, and Basis of Liability
3.5.1 Towards Unlimited Liability under the Montreal Convention, 1999
3.5.1.1 The Establishment of a Two-Tier Regime of Liability
3.5.1.2 Defences of the Carrier
3.5.1.3 Insurance
3.5.2 Limited Liability Regime under the Warsaw Regime
3.5.2.1 Reasons for Limitation
3.5.2.2 Testing Wilful Misconduct
3.5.2.3 Defence of the Carrier
3.5.3 Concluding Remarks
3.6 The Term 'Accident'
3.6.1 Regulation under the Montreal Convention, 1999
3.6.2 Case Law under the Montreal Convention, 1999
3.6.3 Regulation under the Warsaw Regime
3.6.4 Case Law under the Warsaw Regime
3.6.5 Concluding Remarks
3.7 Process of Embarkation and Disembarkation
3.7.1 Regulation under the Montreal Convention, 1999
3.7.2 Case Law under the Montreal Convention, 1999
3.7.3 Regulation under the Warsaw Regime
3.7.4 Case Law under the Warsaw regime
3.7.5 Concluding Remarks
3.8 Compensable Damages
3.8.1 Regulation under the Montreal Convention, 1999
3.8.1.1 Liability for Death and Bodily Injury
3.8.1.2 Advance Payments
3.8.1.3 Punitive Damages
3.8.2 Case Law under the Montreal Convention, 1999
3.8.3 Regulation under the Warsaw Regime
3.8.4 Case Law under the Warsaw Regime
3.8.4.1 Assessment of Damages
3.8.4.2 The Relationship Between Bodily Injury and Mental Injury under US Case Law
3.8.4.3 The Relationship Between Bodily Injury and Mental Injury under UK Case Law
3.8.5 Concluding Remarks
3.9 Delay
3.9.1 Regulation under the Montreal Convention, 1999
3.9.2 Case Law under the Montreal Convention, 1999
3.9.2.1 Liability for Damage Occasioned by Delay
3.9.2.2 Exoneration of the Carrier
3.9.2.3 Delay in the Carriage by Air as Opposed to Non-Performance of the Contract
3.9.2.4 Breaking the Liability Limits Through Wilful Misconduct
3.9.3 Regulation under the Warsaw Regime
3.9.4 Case Law under the Warsaw Regime
3.9.4.1 Defining Delay
3.9.4.2 Scope of Damages
3.9.4.3 Causes of Delay
3.9.4.4 Non-Performance of the Contract
3.9.4.5 Defences Available to the Air Carrier
3.9.4.6 The Wilful Misconduct Test
3.9.5 Concluding Remarks
3.10 Baggage
3.10.1 Regulation under the Montreal Convention, 1999
3.10.2 Case Law under the Montreal Convention, 1999
3.10.3 Regulation under the Warsaw Regime
3.10.4 Case Law under the Warsaw Regime
3.10.5 Concluding Remarks
3.11 Cargo
3.11.1 Regulation under the Montreal Convention, 1999
3.11.2 Case Law under the Montreal Convention, 1999
3.11.3 Regulation under the Warsaw Regime
3.11.4 The Special Regime of MAP 4 (1975)
3.11.4.1 The Introduction of the Paperless Air Waybill
3.11.4.2 Simplification and Elimination of Certain Formalities
3.11.4.3 Maintenance of Liability Limits in Case of Failure to Comply with Formalities
3.11.4.4 Imposition of Monetary Sanctions in Case of Incorrect Information
3.11.4.5 Specification of Defences Available to the Air Carrier
3.11.4.6 Conversion of Gold Francs into Special Drawing Rights
3.11.4.7 Unbreakability of the Liability Limits
3.11.4.8 Extension of Period of Complaint
3.11.4.9 Right of Recourse Against Third Parties
3.11.4.10 Exemption of the Carrier's Liability in Extraordinary Circumstances
3.11.4.11 Jurisdiction
3.11.4.12 Entry into Force of the Montreal Protocol No. 4
3.11.5 Case Law under the Warsaw Regime
3.11.5.1 Liability of Persons in the Air Cargo Chain
3.11.5.2 Liability for Damage to Cargo in Charge of the Carrier
3.11.5.3 Damages
3.11.5.4 Limitation of Liability
3.11.5.5 Wilful Misconduct in Cargo Cases
3.11.5.6 Compliance with Customs Regulations
3.11.6 Carriage of Mail by Air
3.11.7 Concluding Remarks
3.12 Jurisdiction
3.12.1 Regulation under the Montreal Convention, 1999
3.12.2 Case Law under the Montreal Convention, 1999
3.12.3 Regulation under the Warsaw Regime
3.12.4 Case Law under the Warsaw Regime
3.12.5 Concluding Remarks
3.13 Procedural Matters
3.13.1 Claims Against Third Parties
3.13.2 Applicability of the Law of the State of the Claimant
3.13.3 Civil Procedure Provisions
3.13.4 Time Limits
3.13.4.1 Under the Montreal Convention, 1999
3.13.4.2 Under the Warsaw Regime
3.13.5 Entry into Force
3.14 Concluding Remarks
Chapter 5 Passenger Protection: With Special Reference to the EU
1 The Emergence of Passenger Rights
2 Passenger Protection under EU Law
2.1 The Coming into Being of EU Regulation 261/2004
2.2 The Regime of EU Regulation 261/2004
2.2.1 General Conditions
2.2.2 Overbooking
2.2.3 Amounts of Compensation
2.2.3.1 Under EU Regulation 261/2004
2.2.3.2 Interpretation by Courts
2.2.3.3 Concluding Remark
2.2.4 Flight Cancellation
2.2.4.1 Entitlements
2.2.4.2 Exemptions
2.2.4.3 A Broad Interpretation of the Term 'Cancellation'
2.2.4.4 The Duty to Provide Information in the Event of Denied Boarding and Cancellation
2.2.5 Delay
2.2.6 Implications of Brexit
2.2.7 Implications of COVID-19
2.3 Case Law under EU Regulation 261/2004
2.3.1 The Relationship with the Montreal Convention, 1999
2.3.2 Scope of the Regulation
2.3.3 The Parties in a Claims Procedure
2.3.4 Denied Boarding
2.3.5 Delay
2.3.6 The Distinction Between Cancellation and Delay
2.3.7 Entitlements of Passengers: Right to Care
2.3.8 Extraordinary Circumstances
2.3.9 US Case Law: Pre-emption by the Montreal Convention, 1999?
2.3.10 Jurisdiction Including Procedural Matters
2.3.11 Right of Regress
2.3.12 Concluding Remarks
3 Assistance of Disabled Passengers in the EU
3.1 EU Regulation 1107/2006 on the Rights of Disabled Persons
3.2 Further Measures
3.3 Case Law
4 The Package Travel Directive of 1990, as Amended in 2015
4.1 Principal Provisions
4.1.1 The Package Travel Directive of 1990
4.1.2 Principal Changes in the Amended Version
4.2 Explanation of Terms in Cases
4.2.1 Interpretation of Terms of Directive 90/314, as Amended
4.2.2 Interplay with EU Regulation 261/2004
4.2.3 Policy Measures in Case of Bankruptcy of Tour Operators
4.3 Implementation
5 Protection of Passengers Travelling on Other Modes of Transport
6 Passenger Protection Around the World
6.1 Introduction
6.2 ICAO
6.3 US Measures
6.4 China
6.5 Other Jurisdictions
7 Evaluation
Chapter 6 Global Safety Regulation
1 The Relevance of Global Safety Regulation
2 Application of WorldWide Standards
2.1 The Adoption of SARPs
2.2 Implementation of SARPs in National Legislation
2.3 Safety Oversight
2.4 Enforcement under Bilateral and Other International Agreements
2.5 Safety of Airports (Aerodromes)
2.5.1 Regulation under the Chicago Convention
2.5.2 Regulation under Annex 14 of ICAO
2.5.3 Operation of Airports
2.5.4 Airports as Part of the Broader Aviation Chain
2.6 Transfer of Safety Oversight
3 Technical Regulation on the Operation of Aircraft
3.1 Aircraft Handling and Automation
3.2 Air Traffic Control
3.3 Aircraft Maintenance
3.3.1 A Coordinated Responsibility
3.3.2 International Regulation
3.3.3 National Regulations Regarding Maintenance, Repair and Overhaul
3.4 Cybersecurity
3.5 The PNR Discussion Between the EU and Other States
3.6 Unmanned Aircraft Systems
4 Aviation Personnel
4.1 The Aircraft Commander
4.1.1 Special Position
4.1.2 Powers and Duties
4.2 Other Flying Personnel
4.3 Flight Duty Times
4.4 Ground Personnel
5 Accident Investigation and Prevention
5.1 The Investigation
5.1.1 Basic Principles
5.1.2 Obligation to Investigate
5.1.3 Objective of the Investigation
5.1.4 The Independence of the Investigation Authority
5.1.5 Protection of Safety Information
5.1.6 Reporting System
5.2 Towards a 'Just Culture'
6 Concluding Remarks
Chapter 7 Regional Safety Organisations
1 From a Global Approach to Regional Initiatives
2 Aviation Safety in Europe
2.1 Introduction
2.2 Scope and Objectives
2.3 Regulatory Powers
2.4 The Regulatory Environment
2.4.1 Initial Airworthiness
2.4.2 Continuing Airworthiness
2.4.3 Regulation of Air Crew
2.4.3.1 Scope of EU Regulation 2018/1139
2.4.3.2 Flight Time Limitations
2.4.4 Air Operations
2.4.5 Air Traffic Management/Air Navigation Services
2.4.6 Air Traffic Controllers
2.4.7 Airspace Usage Requirements
2.4.8 Aerodromes
2.4.9 The European Dimension of Accident and Incident Investigation
2.4.10 Fines and Penalties
2.4.11 Appeals
2.4.12 Fees and Charges
2.5 External Relations
2.5.1 Third Country Operators
2.5.2 The EU Air Safety List
2.5.3 Bilateral Air Safety Agreements with Third States
2.5.4 Working Arrangements
2.5.5 Ramp Inspection Programmes
2.6 European Regulation of Unmanned Aircraft, Cybersecurity and Data Protection
2.6.1 Introduction
2.6.2 Unmanned Aircraft Systems
2.6.2.1 The Regulation of Unmanned Aircraft
2.6.2.2 The Creation of U-Space
2.6.2.3 The Protection of Privacy
2.6.2.4 Accident and Incident Investigation
2.6.3 Cybersecurity
2.6.4 Data Protection
2.6.5 Concluding Remarks
3 Other Regional Safety Organisations
3.1 Regionalism under the Chicago Convention (1944)
3.2 Cooperative Development of Safety Programmes
3.2.1 Regional Safety Oversight Organizations
3.2.2 Programmes for Enhancing Aviation Safety (COSCAP)
3.3 East African Community
3.4 The Pacific Aviation Safety Office
3.5 The Caribbean Aviation Safety and Security Oversight System
3.6 The Latin American and Caribbean Air Transport Association
3.7 The European Civil Aviation Conference
3.8 Eurocontrol
3.9 Other Safety-Related Organisations
3.10 Concluding Note
4 Concluding Remarks
Chapter 8 Product Liability
1 Introductory Note
2 The Evolution Towards Strict Liability
2.1 Negligence as a Basis for Claims
2.2 Safety Supervision
2.3 The User's Prior Knowledge
2.4 Continuing Duty to Warn
2.5 Strict Liability
2.6 Crashworthiness
3 Product Liability Developments in the US
3.1 No Codification of Products Liability Law at the Federal level
3.2 The General Aviation Revitalization Act (1994)
3.3 Evolution of Strict Liability in the US
3.4 Concluding Remark
4 The EU Directive of 1985
4.1 Scope
4.2 Defences
4.3 Jurisdiction
5 Relationship with Other Parties and Legal Instruments
5.1 Channelled Liability in Air Law
5.2 Relationships Between Parties Involved with Aviation Accidents
5.2.1 The Legal Context of These Relationships
5.2.2 The Relationship Between the Manufacturer and Insurer
5.2.3 The Relationship Between the Manufacturers in the Supply Chain
5.2.4 The Contractual Relationship Between the Manufacturer and the Airline
5.3 Jurisdiction
6 Concluding Note
Annex: Products Liability: Sample Country Overview
Chapter 9 Third Party Liability
1 Damage Caused to Third Parties on the Surface
1.1 The Coming into Being of the Rome Convention of 1952
1.2 Post '9/11' Developments: The 2009 ICAO Conventions
1.3 Principle Provisions of the International Conventions
1.3.1 Geographical Scope
1.3.2 Material Scope
1.3.3 Liability of the Operator of an Aircraft
1.3.4 Damage Caused by an Aircraft
1.3.5 Risk Liability
1.3.6 Causation
1.3.7 Exoneration from Liability
1.3.8 Limitation of Liability
1.3.9 Unlimited Liability
1.3.10 Mid-air Collisions
2 Damage Caused by Noise and Sonic Boom
2.1 International Regulation
2.2 National Law and Jurisprudence
2.2.1 The 'Noise' Problem
2.2.2 Case Law in Selected Jurisdictions
2.2.2.1 France
2.2.2.2 United States
2.2.2.3 Switzerland
2.2.2.4 The United Kingdom
2.2.2.5 Germany
2.2.2.6 Japan
3 Responsibility and Liability of Infrastructure Providers
3.1 The Relationship Between Responsibility and Liability
3.2 Sovereign Immunity of Infrastructure Service Providers
3.3 Airport Liability
3.3.1 The Position of Airports under Domestic Law
3.3.2 Case Law
3.4 Liability of ANSPs
3.4.1 The Position of ANSPs under Domestic Laws
3.4.2 Case Law
3.5 The Lessor's Liability in Relation to the Use of the Aircraft
3.6 Concluding Remarks
4 Concluding Remarks
Chapter 10 Insurance
1 Aerospace Insurance in Context
1.1 Definition
1.2 Historical Development
1.3 Nature of Aerospace Cover
2 Compulsory Insurance
2.1 Provisions of International Conventions
2.2 The EU Aviation Insurance Regulation
2.3 National Regulations
3 Parties to the Placement of Insurance
3.1 Background and Focus
3.2 Types of Insurers
3.3 The Role of Brokers
3.4 Insurance Institutions
4 Underwriting and the Contract of Insurance
4.1 The Formation of the Insurance Contract
4.2 The Principle of Good Faith
4.3 The Impact of English Law
4.4 Underwriting Information
5 Types of Insurance
5.1 Aviation as a Class of Insurance
5.2 All Risks Cover
5.2.1 Principle of 'All Risks'
5.2.2 Hull Cover
5.3 Legal Liability
5.4 Exclusions and Conditions
5.5 War and Allied Perils
5.6 All Risks Variant: AVN 1D
5.6.1 Structure
5.6.2 Cover
5.6.3 Exclusions
6 Sanctions
7 Cargo
8 Other Clauses
9 Product Liability Insurance
9.1 Principles of Coverage
9.2 Scope of Coverage
9.3 Coverage by AVN 66
9.4 Coverage by AVN 98
10 Financial Interests
11 Reinsurance
11.1 Basic Principles
11.2 Types of Reinsurance
11.3 Other Terms
12 Investigating Claims
13 Concluding Notes
Chapter 11 Rights in Aircraft
1 General Introduction
1.1 Rights, Consensual and Non-consensual Liens
2 Recognition of Rights in Aircraft
2.1 An Introduction to the Principal Conventions
2.1.1 A Brief History: Towards the 1948 Geneva Convention
2.1.2 Towards the Cape Town Convention (2001)
2.1.3 Conflicts Between the Geneva and Cape Town Conventions
2.2 Conflicts of Law
2.2.1 Limitations on the Choice of Law
2.2.2 Conflict of Laws and Rights in Aircraft
2.3 The Geneva Convention (1948)
2.3.1 Recognition of Certain Rights in Aircraft
2.3.2 Priority Claims under the Geneva Convention
2.3.3 Implied Priority Claims
2.3.4 Definition of Aircraft
2.3.5 Scope of the Convention
2.3.6 The Record
2.3.7 The Procedure for Creating Mortgages
2.3.8 The Attachment of Aircraft
2.3.9 The Transfer of Registration
2.3.10 Spare Parts
2.3.11 Applicable Law
2.3.12 Miscellaneous Provisions
2.4 The Cape Town Convention (CTC) and Aircraft Equipment Protocol AEP (2001)
2.4.1 A Different Approach and General Introduction
2.4.2 Sphere of Application
2.4.3 Rights Protected by the CTC/AEP
2.4.4 Remedies under the CTC/AEP: General Provisions
2.4.5 Deregistration of Aircraft and Export of Aircraft Objects
2.4.6 Additional Remedies and Interim Measures
2.4.7 Remedies in Case of Insolvency
2.4.8 The International Registration System
2.4.9 Modalities for Registration
2.4.10 Effects of International Interests
2.4.11 Assignment and Subrogation
2.4.12 Jurisdiction
2.4.13 Choice of Law
2.4.14 Relationship with Other Conventions
3 Leasing of Aircraft and Engines
3.1 Introduction to Leasing
3.1.1 Why Leasing?
3.1.2 Operating Leasing
3.1.3 Finance Leasing
3.1.4 Tax and Accounting Aspects
3.1.5 Export Credit Agencies
3.1.6 Registration of Lessee's Rights
3.1.7 Contractual Matters
3.1.8 Regulatory Requirements
3.2 Engine Leasing
3.2.1 The First Attempts of Engine Leasing
3.2.2 The Legal Status of Aircraft Engines
3.2.3 Risks Attached to Engine Leasing
3.3 Subleasing
3.3.1 Introduction
3.3.2 Allocating Responsibility Between Sublessor and Sublessee
3.3.3 Regulatory Conditions
3.3.4 Control over Sublease Payments
3.3.5 Other Concerns to Be Addressed
4 Liens
4.1 Consensual Liens
4.2 Non-consensual Liens
4.2.1 Arrest of Aircraft
4.2.2 Retention and Detention Rights
5 Enforcement Actions
5.1 Precautionary Arrest of Aircraft
5.2 The Rome Convention on Precautionary Arrest of Aircraft (1933)
5.3 Arrest in Execution of Aircraft
5.4 Public Sale Procedures
5.5 Rights of Third Parties
6 Concluding Remarks
Chapter 12 Criminal Air Law
1 Background
1.1 The Regulatory Regime
1.2 Concepts of Jurisdiction
1.3 Cases Illustrating the Need for a Convention
2 The Tokyo Convention of 1963
2.1 Scope and Purpose
2.2 Jurisdiction
2.3 Definition of the Term 'In-Flight'
2.4 The Powers of the Aircraft Commander
2.5 Unlawful Seizure of Aircraft
2.6 Obligations of States
2.7 Settlement of Disputes
2.8 Concluding Note
3 The Hague Convention of 1970
3.1 The Need for a Convention
3.2 Scope of the Convention
3.3 Jurisdiction
3.4 Extradition
3.5 Miscellaneous Provisions
3.6 Concluding Remarks
4 The Montreal Convention of 1971
4.1 Purpose
4.2 Scope
4.3 Jurisdiction
4.4 Miscellaneous Provisions
4.5 Dispute Settlement
4.5.1 The Iran-US Conflict on the Shooting Down of an Iran Air Aircraft
4.5.2 The Lockerbie Disaster
4.5.3 MH17 Trials
4.5.3.1 European Court of Human Rights
4.5.3.2 Criminal Proceedings
4.5.3.3 ICAO Council
4.6 The Airport Protocol of 1988
4.7 Concluding Note
5 The Beijing Convention and Protocol of 2010
5.1 Background and Purposes
5.2 The Beijing Convention of 2010
5.3 The Beijing Protocol of 2010
6 Criminalisation of 'Unruly Passengers' and Other People in Aviation
6.1 Appearance of the Phenomenon
6.2 The Regulatory Framework So Far
6.2.1 The Existing International Regime
6.2.2 Civil and Criminal Proceedings Against the Offender
6.3 Response from ICAO
6.4 The Montreal Protocol of 2014
6.5 Criminalisation of Aviation People
6.6 Concluding Note
7 Concluding Remarks
Bibliography
Glossary
Index

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