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

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

Author: Pablo Mendes de Leon; Niall Buissing
Publisher: Kluwer Law International
ISBN: 9789403511313
Published In: August 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
Behind and Beyond the Chicago Convention is intended to analyse the concept of sovereignty in international civil aviation, how it evolved in the course of times, how it related to European integration process and to air traffic management. The meaning of sovereignty has been analysed philosophically and linked to current conceptions in an evolutionary process. The Convention on International Civil Aviation that 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, commemorating the 75th birthday of the Convention on International Civil Aviation, thirty-three of the most distinguished authors in aviation law offer perspectives on the quality of the Convention’s achievements.

What’s in this book:

Emphasising the Convention’s flexibility in the accommodation of economic and technological changes, the authors investigate the following topics:
- an analysis of the absolute character of sovereignty;
- territorial jurisdiction with respect to airspace;
- market access and behaviour under economic regulation;
- liberalisation of air services;
- the position of airlines, airports, and providers of air navigation services in the context of the management of air traffic (ATM);
- the regulation of drones, also in relation with the distinction between civil and State aircraft;
- the role of international, principally ICAO, and regional aviation organisations, in particular, that of the European Union;
- environmental protection measures such as abatement of noise and reduction of the damaging effects of gaseous emissions;
- new methods of communication such as Global Navigation Satellite Systems (GNSS);
- security in aviation, with special reference to the adoption of cybersecurity measures.
whereas the Annexes include the original texts of the Paris Convention 1919 and the Chicago Convention 1944.

How this will help you:

With its insightful and thought-provocative, incisive perceptions put forward by distinguished aviation lawyers from all parts of the world, this book is without peer in its analysis of how the Chicago Convention affects international civil aviation and the operation and management 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. This book will thus serve the global community of aviation people.
Editors

Contributors

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
Vincent Correia

CHAPTER 2
Aerial Sovereignty: From Paris 1919, Through Chicago 1944, to Today
Peter Haanappel

CHAPTER 3
Sovereignty as a Basic Concept of International Law and a Core Principle of Air Law
Stephan Hobe

CHAPTER 4
The Development of Civil Aviation and Its Impact on Sovereignty
Anna Konert

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
Jiefang Huang & Mathieu Vaugeois

CHAPTER 6
The Impact of Sovereignty on Regional Cooperation in Civil Aviation: The Russian Perspective
Alexander A. Batalov

CHAPTER 7
LACAC and Current Challenges of Civil Aviation in Latin America
Fernando Fiallos

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
Mikolaj Ratajczyk

PART III
Sovereignty Pertaining to Air Traffic Management

CHAPTER 9
Sovereignty Pertaining to Air Traffic Management
Anna Masutti

CHAPTER 10
Unmanned Aircraft Systems (UAS) Engaged in International Air Transport
Fernando Fiallos

CHAPTER 11
Limits in the Sky: Sovereignty and Air Navigation Services
Francis Schubert

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?
Ida Bagus Rahmadi Supancana

CHAPTER 13
Sovereignty and GNSS: Connecting the Traditional Legal Concept with High Technology
Dejian Kong

CHAPTER 14
Sovereignty in Relation to Air Traffic Management
Catherine Erkelens

CHAPTER 15
The Delineation Between Civil Aircraft and State Aircraft: A Move into the Aviation World of Tomorrow after 75 Years of Uncertainty
Ricardo de Oliveira

CHAPTER 16
Does an Immovable Object Meet an Irresistible Force? An EU Perspective on the Apparent Tension Between the Protection of Airspace Sovereignty and the Notion of Private Sector Transnational Air Carriers
Robert Lawson QC

PART IV
Sovereignty in the Context of European Law and Policy

CHAPTER 17
Sovereignty in the Context of European Law and Policy
Regula Dettling-Ott

CHAPTER 18
Sovereignty: The Implications of the EU Internal Air Transport Market for Air Services Agreements with Third Countries
Laura Pierallini

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?
Nikolai Ehlers

CHAPTER 20
Bilateralism and Equality of Opportunity under Scheduled Services: Are Air Services Agreements the Sole and Absolute Source for Traffic Rights?
José Ignacio García-Arboleda

CHAPTER 21
Sovereignty and Air Services Agreements in Asia: The Long Flight from Bilateralism to Multilateralism
Alan Khee-Jin Tan

CHAPTER 22
Airspace Sovereignty in the Chicago Regime: A Reality Check
Steven Truxal

PART V
Sovereignty in Relation to Air Services Agreements

CHAPTER 23
Sovereignty and Air Services Agreements: The Case of China
Pai Zheng

CHAPTER 24
A US Perspective on the Utility of the Chicago Convention
Michael Whitaker

CHAPTER 25
Multilateral Approach to Market Access Expansion: What the Future Holds
Rajesh Singh

CHAPTER 26
The Chicago Convention Article 83bis: Legal Considerations When Entering into and Benefitting from Article 83bis Arrangements
Morten Hans Jakobsen & Peter Sand

PART VI
The Future of Sovereignty in International Civil Aviation

CHAPTER 27
Reflections on the “New Sovereignty” and the Future of International Civil Aviation
Brian F. Havel

CHAPTER 28
The Future of Sovereignty in International Civil Aviation: The Resurgence of Sovereignty Versus the Freedom of Flight
Roberto Cassar

CHAPTER 29
The Future of Sovereignty in International Civil Aviation
Brendan Lord

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