The Resolution of Inter-State Disputes in Civil Aviation
Published on 6. January 2022
Book
Hardback
248 pages
978-0-19-284927-4 (ISBN)
Description
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.
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.
Reviews / Votes
The Resolution of Inter-State Disputes in Civil Aviation thoroughly and critically investigates the current deficiencies in the dispute resolution mechanisms in international civil aviation. It not only odes so by providing quantitative and qualitative analyses as to the theory and practice of international settlement mechanism, but also, and remarkably, by applying an interdisiplinary approach on international law to discuss this topic. * Dr. Andrea Trimarchi, Rezension * Ideally positioned at the intersection of aviation law scholarship and international dispute resolution scholarship, this book effectively fills the academic gap in this area ... [it] exhibits the author's extensive research ... and she has satisfied the needs of both fields. * Jae Woon Lee, Asian Journal of International Law * It is thorough and extensively researched, and is an insightful and forward-looking text. This book is a valuable resource for anyone involved in dispute settlement - either generally or specifically within international civil aviation - and is a good resource for lawyers, academics, policy makers and students across the globe. * Benjamyn I. Scott, Leiden University, Air and Space Law * The book provides a systematic and comprehensive analysis of the resolution of inter-state disputes in civil aviation from a practical perspective. It is thought-provoking and offers an excellent in-depth guide to the current trends in this area. It is a must-read for anyone interested in international dispute settlement and the international law of civil aviation. * Liao Li, Chinese Journal of International Law *More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 235 mm
Width: 162 mm
Thickness: 20 mm
Weight
519 gr
ISBN-13
978-0-19-284927-4 (9780192849274)
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Schweitzer Classification
Other editions
Additional editions
E-Book
01/2022
1st Edition
OUP eBook
€67.49
Available for download
E-Book
01/2022
1st Edition
OUP eBook
€67.49
Available for download
Person
Luping Zhang is Assistant Professor at the China University of Political Science and Law and a New York attorney. Previously, she obtained her LLB from Jinan University, her PhD from King's College London, and LLMs from NYU School of Law and Leiden University. She has experiene working at a New York corporate law firm and two UN organizations. Her research focuses on international air law and international dispute resolution, on which she has published in leading journals such as Air and Space Law and the Journal of International Dispute Settlement.
Content
1: Overview
2: The Procedure of Dispute Resolution in International Civil Aviation
3: The Practice of Dispute Resolution of International Civil Aviation
4: Means of Dispute Resolution in International Civil Aviation
5: Reforms of Dispute Resolution Mechanisms in International Civil Aviation
2: The Procedure of Dispute Resolution in International Civil Aviation
3: The Practice of Dispute Resolution of International Civil Aviation
4: Means of Dispute Resolution in International Civil Aviation
5: Reforms of Dispute Resolution Mechanisms in International Civil Aviation