Preface -- Chapter 1. Legal Basis Of Annex 9 -- Chapter 2. Annex -- Chapter 3. Entry And Departure Of Persons And Their Baggage -- Chapter 4. Entry And Departure Of Cargo And Other Article -- Chapter 5. Inadmissible Persons And Deportees -- Chapter 6. Other Areas Of Interest -- Chapter 7. Conclusion -- Apendix.
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The book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics.
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Intro -- Preface -- Contents -- Chapter 1: Aerospace and Its Limits -- 1.1 Introduction -- 1.2 Jurisdictional Issues -- 1.3 Aerospace and Cyberspace -- References -- Chapter 2: International Aviation and Megatrends -- 2.1 Introduction -- 2.2 The Global Economy -- 2.3 Scope of Air Transport -- 2.4 Innovative Technology -- 2.5 Rapid Urbanization -- 2.6 Demographic Change -- 2.7 Environmental Protection/Climate Change -- 2.8 Global Connectivity -- 2.9 Conclusion -- References -- Chapter 3: The Digital Age -- 3.1 Introduction -- 3.2 Augmented Reality -- 3.3 Artificial Intelligence -- 3.3.1 Technical Issues -- 3.3.2 Ethical Issues -- References -- Chapter 4: International Law in the Digital Age -- 4.1 Introduction -- 4.2 The Digital World and International Law -- 4.2.1 The Inflexion Point -- 4.2.2 ICAO at the Inflexion Point -- 4.2.2.1 Recognizing the Problem -- 4.2.2.2 The Resolutions -- Air Navigation -- Air Transport -- Aviation Security -- Safety -- Aviation and Climate Change -- Resource Mobilization -- What ICAO Must Do -- Methodology Suggested -- Concluding Suggestions -- References -- Chapter 5: Digital Crisis and the Boeing 737 MAX 8 Aircraft -- 5.1 Introduction -- 5.2 Ramifications of the Grounding of the MAX 8 -- 5.3 Regulatory Aspects of Airworthiness -- 5.4 Liability Issues -- 5.4.1 General Principles -- 5.4.2 Manufacturing Defects -- 5.4.3 Breach of Contract -- 5.4.4 Design Defects -- 5.4.5 Failure to Warn -- 5.4.6 Air Carrier Liability -- 5.5 Responsibilities of the State as Regulator -- 5.6 Liability of Boeing -- 5.7 Conclusion -- Chapter 6: Blockchain and Aviation -- 6.1 Introduction -- 6.2 Blockchain and Airlines -- 6.3 Blockchain and Airports -- 6.4 Traveller Identity and Cyber Security -- 6.5 United Nations Initiatives and State Responsibility -- 6.6 Conclusion -- References -- Chapter 7: Drones -- 7.1 Introduction.
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Preface -- Contents -- Table of Cases -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Chapter 1: Megatrends and Air Transport: An Overview -- 1.1 Future of Aerospace Transport -- 1.2 The Future of Air Transport Law -- 1.3 Where Is the World Headed? -- 1.4 Challenges Facing Air Transport Law -- 1.4.1 Nationalism and Sovereignty -- 1.4.2 Market Access -- 1.4.3 The Role of ICAO in Air Transport -- 1.4.4 Commercial Space Transport -- 1.4.5 Rights of the Passenger -- 1.4.6 Conclusion -- 1.5 Digital Transformation of Air Transport -- 1.5.1 Technology and Air Transport -- 1.5.1.1 Drones -- 1.5.1.2 Robotic Pilots -- 1.5.2 Human-Robot Interface and The Law: The Pilot -- 1.5.3 Cognitive Computing -- 1.6 Empowerment and Connectivity of the Passenger -- 1.7 The Overview -- 1.8 The United Nations Megatrend -- 1.9 The Eleven SDG´S Relevant to Aviation -- 1.9.1 Good Health -- 1.9.2 Quality Education -- 1.9.3 Gender Equality -- 1.9.4 The Climate Change Equation -- 1.9.5 Work Leading Up to the 39th ICAO Assembly -- 1.9.6 Considerations of the 39th ICAO Assembly -- 1.9.7 The Assembly Resolution -- 1.9.8 The Climate Change Megatrend: Renewables and Alternative Fuels -- 1.9.9 Economic Issues -- 1.9.10 Industry Innovation and Infrastructure -- 1.9.11 Obstacles to ICAO Supporting the SDGs -- 1.10 ICAO´S Approach to Megatrends -- 1.10.1 The Assembly Resolutions: The Legal Field -- 1.10.1.1 Conflict of Interest in Civil Aviation -- 1.10.1.2 Assistance to Victims of Aviation Accidents and Their Families -- 1.10.1.3 The Montreal Convention (1999) -- 1.10.1.4 The Beijing Convention and Protocol -- 1.10.1.5 The Consolidated Statement on Legal Issues -- 1.10.2 The Assembly Resolutions: Safety And Security -- 1.10.2.1 Safety -- 1.10.2.2 Security -- References -- Chapter 2: Global Balance of Power and Aviation
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This book addresses emerging legal and economic issues in competition and investment in air transport, against the backdrop of the role governments and airlines should play in avoiding protectionism and encouraging innovation and creativity. It evaluates current trends in air transport and the direction the industry is taking in the twenty first century. There are discussions on key aspects of air transport, such as safety assurance and environmental protection, as they are impacted by competition. The rapid evolution of aerospace transport and its effect on competition in air transport is also examined. A recurring theme of the book is the influence of creative destruction and disruptive innovation on air transport. This is addressed through an in-depth study of the contentious areas of law relating to the abuse of dominant positions and state aid, as reflected in the ongoing claim by the three largest US carriers against Gulf carriers such as Emirates Airlines, Etihad and Qatar Airways. The US carriers claim that Emirates and Etihad - which operate air services into the United States by virtue of an open-skies agreement between the US and The United Arab Emirates - are using generous subsidies given to them by their g overnments to illegally capture the "legitimate" market belonging to the US carriers. These issues are clarified in the book using analyses of competition law and investment law as they apply to air transport, free-trade-agreement analogies and an open-skies case study
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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)
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This book addresses an essential gap in the regulatory regime, which provides legislation, statements and guidelines on airlines, airports, air navigation services providers and States in the field of aviation, but is notably lacking when it comes to the rights of the airline passenger, and the average citizen who is threatened by military air strikes. It addresses subjects such as international resolutions on human rights and other human rights conventions related to aviation that impact both air transport consumers and people on the ground who are threatened by air strikes through drone attacks; disabled and obese airline passengers; compensation for delayed carriage and the denial of carriage; noise and air pollution caused by aviation and their effects on human health and wellbeing; prevention of death or injury to passengers and attendant compensatory rights; risk management; relief flights; and racial profiling. These subjects are addressed against the backdrop of real case studies that include but are not limited to instances of drone attacks, and contentious flights in the year 2014 such as MH 370, MH 17 and QZ 8501
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This book provides a look at the various nuances of the commercial aspects of space transport and offers a workable and practical legal and regulatory approach to be taken by the International Civil Aviation Organization. The book also addresses the perceived lack of wisdom in neglecting to consider the basic legal structure of a regulatory regime for commercial space transport as a first step and goes on to analyze ways and means of using the existing legal instruments pertaining to international civil aviation as an analogous system that can be moulded into a separate and cohesive set of multilateral legal instruments that could apply to commercial space transport. As expected, commercial space transport has taken off with a flourish. It is now evident that, from sub-orbital flights to mining asteroids, this industry will grow exponentially. Signs of its importance are reflected by various international conferences being convened on the subject both by academia and the international community. The only snag is the lack of a regulatory instrument or in the least a contrived approach to a definitive legal regime that would provide a structure, purpose and direction to commercial space transport. This blatant lacuna and neglect has resulted in the emergence of various theories by academics and a half hearted look at the subject by the international legal community.
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Annotation, This book embarks on a contemporary analysis of the interaction of economics and law relating to air transport, delving into the major issues that plague the industry. It shows how some of the thorny and frustrating issues could be approached sensibly. Among the issues discussed are the anomaly of exponential growth of air transport which makes airline profitability continue to be poor; the legislative impediments in most countries that preclude direct foreign investment in the industry; the confounding and muddled mess behind the economics of aircraft engine emissions; and the inexplicable reality that, although civil aviation is primarily meant to meet the needs of the people of the world, State regulators have upended the equation and given priority to national interests over the interests of the passenger. The book will be of interest to economists and lawyers alike who deal with air transport issues, and also to academics and students in the area of transportation as well as regulators and airlines
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