Sovereignty Over The Air

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Sovereign Skies

Author : Sean Seyer
Publisher : JHU Press
ISBN 13 : 1421440547
Total Pages : 310 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Sovereign Skies by : Sean Seyer

Download or read book Sovereign Skies written by Sean Seyer and published by JHU Press. This book was released on 2021-03-23 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pathbreaking history of the regulatory foundations of America's twentieth-century aerial preeminence. Today, the federal government possesses unparalleled authority over the atmosphere of the United States. Yet when the Wright Brothers inaugurated the air age on December 17, 1903, the sky was an unregulated frontier. As increasing numbers of aircraft threatened public safety in subsequent decades and World War I accentuated national security concerns about aviation, the need for government intervention became increasingly apparent. But where did authority over the airplane reside within America's federalist system? And what should US policy look like for a device that could readily travel over physical barriers and political borders? In Sovereign Skies, Sean Seyer provides a radically new understanding of the origins of American aviation policy in the first decades of the twentieth century. Drawing on the concept of mental models from cognitive science, regime theory from political science, and extensive archival sources, Seyer situates the development, spread, and institutionalization of a distinct American regulatory idea within its proper international context. He illustrates how a relatively small group of bureaucrats, military officers, industry leaders, and engineers drew upon previous regulatory schemes and international principles in their struggle to define government's relationship to the airplane. In so doing, he challenges the current domestic-centered narrative within the literature and delineates the central role of the airplane in the reinterpretation of federal power under the commerce clause. By placing the origins of aviation policy within a broader transnational context, Sovereign Skies highlights the influence of global regimes on US policy and demonstrates the need for continued engagement in world affairs. Filling a major gap in the historiography of aviation, it will be of interest to readers of aviation, diplomatic, and legal history, as well as regulatory policy and American political development.

Behind and Beyond the Chicago Convention

Author : Pablo Mendes De Leon
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511052
Total Pages : 491 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Behind and Beyond the Chicago Convention by : Pablo Mendes De Leon

Download or read book Behind and Beyond the Chicago Convention written by Pablo Mendes De Leon and published by Kluwer Law International B.V.. This book was released on 2019-08-21 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind and Beyond the Chicago Convention The Evolution of Aerial Sovereignty Edited by Pablo Mendes de Leon & Niall Buissing The Convention on International Civil Aviation which was 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 celebrating its 75th birthday, thirty-three of the most distinguished authors in aviation law offer perspectives on the quality of the Convention’s achievements, which principally address the promotion of safety and security. Emphasising the Convention’s flexibility in the accommodation of social and technological changes, the authors investigate such topics and issues as the following: environmental protection measures such as abatement of noise and reduction of the damaging effects of gaseous emissions; effect of new methods of communication such as Global Navigation Satellite Systems (GNSS); distinction between civil and State aircraft; economic regulation as established under air services agreements between States; cybersecurity measures; compensation for damages; liberalisation of air services; role of regional aviation organisations, in particular, that of the European Union; position of airlines, airports, and providers of air navigation services; and territorial jurisdiction with respect to areas lacking a universally accepted sovereign status. Annexes include the original texts of the Paris Convention 1919 and the Chicago Convention 1944. With its incisive perceptions put forward by distinguished aviation lawyers – including an exploration of the absolute character of sovereignty – this book is without peer in its analysis of how the Chicago Convention affects the regulation of international civil aviation and the operation 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.

Air Navigation Law

Author : Ruwantissa Abeyratne
Publisher : Springer Science & Business Media
ISBN 13 : 3642258352
Total Pages : 278 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Air Navigation Law by : Ruwantissa Abeyratne

Download or read book Air Navigation Law written by Ruwantissa Abeyratne and published by Springer Science & Business Media. This book was released on 2012-03-05 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes; efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation.

The Law and Policy of Air Space and Outer Space

Author : Peter P. C. Haanappel
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041121293
Total Pages : 330 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law and Policy of Air Space and Outer Space by : Peter P. C. Haanappel

Download or read book The Law and Policy of Air Space and Outer Space written by Peter P. C. Haanappel and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.

Sovereignty and Jurisdiction in Airspace and Outer Space

Author : Gbenga Oduntan
Publisher : Routledge
ISBN 13 : 1136662901
Total Pages : 398 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Sovereignty and Jurisdiction in Airspace and Outer Space by : Gbenga Oduntan

Download or read book Sovereignty and Jurisdiction in Airspace and Outer Space written by Gbenga Oduntan and published by Routledge. This book was released on 2011-09-12 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space and their effects on public and private activities, but it will also look at related issues pertaining to the Seas and Antarctica. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. Older problems of international law such as crimes in the air and airspace trespass are treated along with newer developments such as space tourism as well as growing demand for private ownership and involvement in outer space exploitation. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space – the province of all mankind – begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction.

Air and Space Law

Author : Henri Abraham Wassenbergh
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792316268
Total Pages : 348 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Air and Space Law by : Henri Abraham Wassenbergh

Download or read book Air and Space Law written by Henri Abraham Wassenbergh and published by Martinus Nijhoff Publishers. This book was released on 1992-06-18 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this unique volume is twofold. First and foremost, it sets out to offer the reader a comprehensive and challenging view, from some of the most distinguished scholars in the field, of present and future trends and issues in the fields of international air and space law. By breaking new ground in this way, it pays tribute to the scholarly achievements of Henri (Or) Wassenbergh, whose ideas and work have helped to shape both air and space law throughout his long and distinguished career. "Air and Space Law: De Lege Ferenda" will be of interest to all those concerned with the present status of air and space law, and with the challenges the aviation and space industry must face in the century to come.

Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development

Author : Niels M. Blokker
Publisher : BRILL
ISBN 13 : 9004459898
Total Pages : 494 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development by : Niels M. Blokker

Download or read book Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development written by Niels M. Blokker and published by BRILL. This book was released on 2021-07-19 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

Sovereignty over the Air

Author : H. Erle Richards
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)

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Book Synopsis Sovereignty over the Air by : H. Erle Richards

Download or read book Sovereignty over the Air written by H. Erle Richards and published by . This book was released on 1912 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Air Sovereignty

Author : J.F. Lycklama à Nijeholt
Publisher : Springer
ISBN 13 : 9401763291
Total Pages : 92 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Air Sovereignty by : J.F. Lycklama à Nijeholt

Download or read book Air Sovereignty written by J.F. Lycklama à Nijeholt and published by Springer. This book was released on 2013-11-11 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Introduction to Air Law

Author : Pablo Mendes de Leon
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547332
Total Pages : 573 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Introduction to Air Law by : Pablo Mendes de Leon

Download or read book Introduction to Air Law written by Pablo Mendes de Leon and published by Kluwer Law International B.V.. This book was released on 2022-08-11 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace; the distinction between State and civil aircraft; dispute settlement in international civil aviation; economic regulation of international air transport services, including the establishment of air services agreements; inter-airline cooperation in the context of competition law regimes; liability of the various service providers, in particular airlines, and related insurance coverage; the promotion of safety standards; criminal acts affecting the safety of aviation; the role of international and regional organisations with particular reference to that of the European Union; liability of the aircraft manufacturer for equipment; and financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.

Legal Basis for a National Space Legislation

Author : Julian Hermida
Publisher : Springer Science & Business Media
ISBN 13 : 1402025327
Total Pages : 302 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Legal Basis for a National Space Legislation by : Julian Hermida

Download or read book Legal Basis for a National Space Legislation written by Julian Hermida and published by Springer Science & Business Media. This book was released on 2006-04-11 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: A. GENERAL BACKGROUND “The foremost goal of the international community in the area [of private space launch services] should be to induce states to implement effective licensing procedures applicable to commercial ventures for which state responsibility may 1 exist. ” 1. PRIVATE SECTOR PARTICIPATION IN THE SPACE INDUSTRY In the first decades of the space age, military and state security motivations indicated the direction of national space programs. Now the development of space activities depends essentially upon the possibility of recovering 2 investments. Private sector-driven commercial endeavors in outer space have been increasing exponentially and have experienced a significant quantitative growth over the last years. Spacefarers promote commercial participation of private companies in operations related to outer space, and, thus, the private sector is now increasingly providing satellite telecommunications, remote sensing, global positioning and space launch services directly to its customers. In this context, overall revenues for the worldwide space industry 3 amounted to US$ 82 billion in 2001. In the late 1990’s the transponder demand, in particular Ku- band transponders, was consistently on the rise due 4 to the escalated utilization of geostationary satellite transponders. Global positioning systems have been playing an increasingly important role in navigation, and remote sensing systems are mapping and documenting nearly 1 E. A. Frankle & E. J. Steptoe, “Legal Considerations Affecting Commercial Space Launches From International Territory”, (1999) 50 IISL at 10. Emphasis added. 2 H. L.

Freedom of the Air

Author :
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.:/5 (48 download)

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Book Synopsis Freedom of the Air by :

Download or read book Freedom of the Air written by and published by . This book was released on 1943 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sovereignty Over the Air ...

Author : Sir Henry Erle Richards
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Sovereignty Over the Air ... by : Sir Henry Erle Richards

Download or read book Sovereignty Over the Air ... written by Sir Henry Erle Richards and published by . This book was released on 1912 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Convention on International Civil Aviation

Author : Ruwantissa Abeyratne
Publisher : Springer Science & Business Media
ISBN 13 : 3319000683
Total Pages : 677 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Convention on International Civil Aviation by : Ruwantissa Abeyratne

Download or read book Convention on International Civil Aviation written by Ruwantissa Abeyratne and published by Springer Science & Business Media. This book was released on 2013-08-04 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is both a repertory guide to the Convention on International Civil Aviation (Chicago Convention) as well as a legal analysis of the provisions of the treaty. It traces action taken by the ICAO Assembly and the Council in the implementation of the Convention from the first ICAO Assembly in 1947 until 2012. Above all, the book offers a commentary on the functional and moral fabric of the Chicago Convention, which is not only a multilateral legal instrument that sets out basic principles of air navigation and air transport, but also serves as a moral compass that brings the people of the world together. The teleological nature of the Chicago Convention is reflected from the outset – from its Preamble which sets the tone and philosophy of the Convention – that aviation builds friendship and understanding among all people, to its technical provisions that range from rules of the air to landing at airports and customs and immigration procedures. The book effectively demonstrates the Aristotelian principle – that rules make people good by forming habits in them. Standardization, or in other words, compliance, is the driver of the Convention that keeps aviation safe, regular, efficient and economical. To that end, this book traces and details the sustained relevance of the Chicago Convention and the efforts of ICAO and the international aviation community towards keeping air transport on track and ready for its future exponential growth, both in letter and in spirit.

Air Commerce Regulations

Author : United States. Bureau of Air Commerce
Publisher :
ISBN 13 :
Total Pages : 54 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Air Commerce Regulations by : United States. Bureau of Air Commerce

Download or read book Air Commerce Regulations written by United States. Bureau of Air Commerce and published by . This book was released on 1927 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A History of International Civil Aviation

Author : Alan Dobson
Publisher : Taylor & Francis
ISBN 13 : 1351719831
Total Pages : 146 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis A History of International Civil Aviation by : Alan Dobson

Download or read book A History of International Civil Aviation written by Alan Dobson and published by Taylor & Francis. This book was released on 2017-04-21 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Title -- Copyright -- Dedication -- Contents -- Foreword -- List of abbreviations -- 1 Introduction: From civil aviation's origins to the Paris Convention 1919 -- 2 The inter-war predatory bilateral system 1919-1939 -- 3 Wartime planning and the Chicago Conference 1939-1944 -- 4 The Chicago-Bermuda regime: Its operation and the challenge of deregulation 1945-1992 -- 5 Creating the single European aviation market -- 6 Open-skies and a fully globalized world market: Challenge and reality 1992-2016 -- 7 Conclusion: Unfinished business? -- References -- Index.

Fauchille’s long-cherished dream of a free airspace. New hope for the freedom of the air in a free market economy?

Author : Malte Gunnar Krumm
Publisher : GRIN Verlag
ISBN 13 : 3668443416
Total Pages : 29 pages
Book Rating : 4.6/5 (684 download)

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Book Synopsis Fauchille’s long-cherished dream of a free airspace. New hope for the freedom of the air in a free market economy? by : Malte Gunnar Krumm

Download or read book Fauchille’s long-cherished dream of a free airspace. New hope for the freedom of the air in a free market economy? written by Malte Gunnar Krumm and published by GRIN Verlag. This book was released on 2017-05-09 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2017 in the subject Law - Miscellaneous, grade: 0,0, Trinity College Dublin, course: International Aviation Law, language: English, abstract: When Paul Fauchille presented his dictum “[a]irspace should be free as the High Seas [...] States should only have the territorial powers up to an altitude of 300 metres." to the public in 1901, it did not take long until the international community disagreed strongly. The fear of espionage, attacks and other abuse was too great to give up sovereignty over the own territories’ airspace. This essay presents Fauchille’s idea of the freedom of the air (Chapter 2) and compares it with a concept of airspace sovereignty (Chapter 3), focussing on origin, arguments, logical consistency as well as international and national state practice. Further, it will be analysed whether current trends towards a liberalised market in scheduled international civil aviation could influence the legal status of the air (Chapter 4). Finally, remaining fields of strict sovereignty on the international political stage will be identified (Chapter 5), before a conclusion is drawn (Chapter 6). The legal status of the air was not questioned for a long time. The states’ inability to control the airspace and the circumstance that manned flights were not operated on a regular basis yet seems to have deterred states from any claims of sovereignty. However, the technological progress and the first short balloon flights in the late 18th century attracted the public’s attention. Among others, the French lawyer and pioneer of air law Paul Auguste Fauchille developed his own concept for the legal status of the air, which will be outlined in the next chapter.