Air Law

Introduction

Air Law – Research Guide International Law

The spectacular fast developments in aircraft technology in the beginning of the 20th century, made law-making necessary in this new field of transportation, in peace and in war. In 1910 the first conference on an international air law code took place in Paris. International air law now deals with many topics, such transport responsibility, safety of passengers, airplanes and luggage, airport-regulations, hijacking, air pollution, and aerial warfare. The collection of international air law in the Peace Palace Library covers all the aspects of this (public and private) international law subject, including the historical part, the sources of international air law, the international organizations involved and the numerous international conventions: Chicago Convention 1944, Warsaw Convention 1929, and the Montreal Convention 1999.

This Research Guide is intended as a starting point for research on Air Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 148. Air Law; International Organization of Aviation and subject heading (keyword) Air Law are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

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  • Schnitker, R.M. and D. van 't Kaar, Safety Assessment of Foreign Aircraft Programme: a European Approach to Enhance Global Aviation Safety, Den Haag, Eleven, 2013.

    Schnitker, R.M. and D. van 't Kaar, Safety Assessment of Foreign Aircraft Programme: a European Approach to Enhance Global Aviation Safety, Den Haag, Eleven, 2013.

    This book features the European approach to enhance global aviation safety. The EU SAFA programme, with its legal basis in Directive 2004/36/EC, will focus on air carrier operational performance and compliance. Its main objective shall be to establish and maintain a high uniform level of aviation safety to protect the interests of European citizens. In recent decades civil aviation has been one of the worlds leading economic growth sectors. To control civil aviation safety records, the European Union is focusing on enhancing safety by ensuring that air operators and aviation oversight authorities shall fully comply with international safety standards defined by the Chicago Convention. Deregulation, emerging low-cost air carriers and subsequent fierce competition are forcing air carriers with heavy financial commitments closer to the neglect of safety. In addition, there is concern that the tremendous increase in civil air traffic, particularly through the participation of third-country aircraft, that would not or insufficiently meet the minimum safety standards and consequently might pose a potential safety threat, could lead to an increase in the number of fatal accidents. Safety assessment of foreign aircraft and inclusion of defaulting air carriers on the EU blacklist are instruments to counteract adverse safety deterioration. This publication is aimed at academics, involved in air law research, government authorities, airline experts and practising lawyers.

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  • Oduntan, G., Sovereignty and Jurisdiction in the Airspace and Outer Space: Legal Criteria for Spatial Delimitation, London, Routledge, 2012.

    Oduntan, G., Sovereignty and Jurisdiction in the Airspace and Outer Space: Legal Criteria for Spatial Delimitation, London, Routledge, 2012.

    Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. As a result of the fast pace of technological developments in air and space activities and the massive increases in air transportation , satellite communications and space exploration, the need for scholars and practitioners to sharpen their appreciation of the legal and political issues becomes crucial.

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  • Abeyratne, R., Aviation Security Law, Heidelberg, Springer, 2012.

    Abeyratne, R., Aviation Security Law, Heidelberg, Springer, 2012.

    Also available as Fulltext e-book inside Peace Palace Library

    This book addresses new and emerging threats to civil aviation; evaluates security tools now in use such as the Public Key Directory, Advance Passenger Information, Passenger Name Record and Machine Readable travel documents in the context of their legal and regulatory background; and discusses applicable security treaties while providing an insight into the process of the security audits conducted by the International Civil Aviation Organization (ICAO).

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  • Bartsch, R.I.C., International Aviation Law: a Practical Guide, Farnham, Ashgate, 2012.

    Bartsch, R.I.C., International Aviation Law: a Practical Guide, Farnham, Ashgate, 2012.

    This book explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law from criminal law to contract law to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for aviation practitioners and enthusiasts.

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  • Milde, M., International Air Law and ICAO, The Hague, Eleven, 2012.

    Milde, M., International Air Law and ICAO, The Hague, Eleven, 2012.

    This is the second edition of the acclaimed ‘International Air Law and ICAO’, first published in 2008. The book has been fully updated to take the latest developments into account. Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. There is a practical need for a compact but exhaustive and easily comprehensible textbook or reference book that deals with the most general aspects of international air law, as well as with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). This book fills this gap as it is a general treatise of the law of international civil aviation aimed at the needs of university students and educators, government authorities, airlines, practicing lawyers, journalists, international organizations and the general public.

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  • Crespo, D.C. and P. Mendes de Leon (eds.), Achieving the Single European Sky: Goals and Challenges, Alphen aan den Rijn, Kluwer Law International, 2011.

    Crespo, D.C. and P. Mendes de Leon (eds.), Achieving the Single European Sky: Goals and Challenges, Alphen aan den Rijn, Kluwer Law International, 2011.

    This book, the first to cover the SES in depth, presents unparalleled insight into a versatile and complex undertaking which will determine the future of air traffic management in Europe. Its chapters analyse the progress as well as the shortcomings and setbacks encountered in the implementation of the SES policy objectives. With forward-looking contributions from over forty well-known experts working in virtually every arena of aviation, from airports and airlines to regulatory agencies and air law practice and scholarship, the book thoroughly explains what has been achieved so far, not only in theory but in fact.

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Database

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  • FABEC

    A feasibility study on a Central European FAB (FABEC) carried out in 2008 in which it showed that improved air traffic management in the area could handle a 50 per cent increase in air traffic volume by 2018 at the same high level of safety and considerable CO2 emission reductions, with a potential benefit for airspace users of € 7,000 million by 2025, several Central European countries have taken matters in their own hands. In the same year the six States of Belgium, Germany, France, Luxembourg, Switzerland and the Netherlands (FABEC States) signed a Declaration of Intent with Annex to commit themselves to build a functional airspace block. A treaty containing the main institutional framework for the construction and implementation of FABEC was drawn up and scheduled to be in force by 2012. Owing to its size and central position in Europe, the FABEC will form a cornerstone of the SES programme.

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