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Aviation Law and Governance: Navigating Global Challenges and Conflicts

Aviation Law and Governance: Navigating Global Challenges and Conflicts

Author: Jędrzej Górski; Yun Zhao
Publisher: Routledge
ISBN: 9781032614595
Published In: February 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Exploring the intricate relationship between law, economics, and global politics, this book examines the regulatory environment of the aviation industry.

Tracing the historical development of aviation law, the book has a particular focus on how economic polycentrism and the liberal international economic order have influenced the sector's regulatory framework. It discusses the aviation industry's responses to unforeseen global events, such as the COVID-19 pandemic and geopolitical conflicts, providing a detailed analysis of the legal mechanisms that ensure industry stability and resilience. Key topics include the role of arbitration in resolving disputes, the impact of international regulations, and the critical contributions of both public and private actors in shaping aviation law. Additionally, the book explores the challenges posed by new and emerging technologies, such as the increasing automation in aviation systems and the legal considerations surrounding cybersecurity in aviation operations. The collection also features diverse international case studies, offering practical examples of legal challenges and solutions in different contexts. By examining the intersection of various legal disciplines and the global nature of aviation, this comprehensive exploration not only reflects on past and present challenges but also provides forward-looking insights into the future of aviation law.

The book will be of interest to researchers in the field of air transport law and dispute resolution, offering a thorough understanding of the legal and economic complexities facing the industry today.

1. Introduction: Challenges to Aviation Global Regulatory Milieu in the Geoeconomic and Long-History Context

Jędrzej Górski and Yun Zhao

PART I: Dispute Resolution for Civil Aviation

2. Arbitration of International Commercial Aviation Disputes: Past, Present, And Future

Rinat Gareev and Aleksandra Kasatkina

3. Pursuing the Pattern: Navigating Intergovernmental Trends in International Commercial Aviation Arbitration

Ish Jain

4. Isn't It Time to Shift to Online Dispute Resolution (ODR) for Passenger Claims in Europe?

Delphine Defossez

5. International Business Courts as a Forum for Adjudicating Private Aviation Disputes: the Opportunities and the Challenges

Yehya Ikram Ibrahim Badr

6. Legal Order under Private International Air Law Conventions in China's Judicial Practice

Luping Zhang

7. Negotiate-arbitrate regulation of airport services in Australia: Has it failed?

Margaret Arblaster

8. International Airspace disputes as 'Justiciable' Proxies for (Geo)political Disputes

Anh Nguyen

PART II: Selective Study of Substantive Issues in Civil Aviation Disputes

9. Actual and Contractual Carriers: The Blurring of Lines or Glaring Distinctions?

Ish Jain

10. The Recognition of Taxes Under Article 15 of the Chicago Convention

Di Mei

11. Compensation in Case of Delay – Is Article 19 Montreal Convention the exclusive Remedy?

Elmar M. Giemulla

12. Southern Johor Airspace Dispute: A Discussion

Ish Jain

13. Development and Competition of Airports in the Greater Bay Area

Yui-yip Lau, Guo Wan Ting, Zhuang Yang and Guan Jieqi

PART III: Resolving Civil Aviation Disputes in Pandemic or Emergency Situations

14. Re-Delivery of Aircraft Objects in Airline Insolvency and the Cape Town Convention

Vince Eng Teong SEE

15. Air Passenger Rights in the EU and Associated Problems During the Pandemic

Michael Chatzipanagiotis

16. State Aid to Aviation at the Time of COVID-19: The Developing Case Law of the General Court of the European Union

Michele Giannino

17. The Application of the EU State Aid Rules in the Airline Industry Before and After the Covid-19 Pandemic

Andrea Trimarchi

18. Unmanned Aircraft Systems in the COVID Era and Beyond: Regulatory Aspects of Safety and Brief Hints on Third-Party Liability and Data Protection with a View on Future Scenarios of Urban Air Mobility

Francesco Gaspari and Giuseppina Agata Di Guardo

19. Russo-Ukrainian War - Impact on and Implications for the Civil Aviation

Volodymyr Bilotkach