Air and Space Law

Rulemaking in Air Transport: A Deconstructive Analysis

By Ruwantissa Abeyratne
Springer-Verlag October 2016

Specifications

ISBN-13
9783319446561
Publisher
Springer-Verlag
Publication
October 2016
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).

Table of Contents

How not to make rules.
Can ICAO make laws or deliver judgments?.
How to make rules.- Principles of rulemaking.
Judicial review of rulemaking and administrative action.
Interpretation of air transport rules, treaties and guidance material.
Conclusion.
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