The progress of air law : the resolutions of the International Civil Aviation Organization / Ruwantissa Abeyratne.

Format:

Book

Author/Creator:

Abeyratne, R. I. R. (Ruwantissa Indranath Ramya), 1951- author.

Language:

English

Subjects (All):

Aeronautics--Law and legislation.

Aeronautics.

Aeronautics, Commercial--International cooperation.

Aeronautics, Commercial.

International Civil Aviation Organization.

Physical Description:

1 online resource (340 pages)

Edition:

First edition.

Place of Publication:

Bradford, England : Ethics International Press Ltd, [2024]

Summary:

Air law is the law pertaining to the use of airspace. Over the years, it has progressed through the evolution of public and private international law, drawing principles of other branches of law such as contract law; tort law, and criminal law. At the base of air law are basic principles set out in the Convention on International Civil Aviation, popularly called the Chicago Convention which established The International Civil Aviation Organization (ICAO) - a specialized agency of the United Nations. ICAO conducts its triennial Assembly on matters of importance to international civil aviation. At this Assembly, Resolutions are adopted which recommend and request action by the member States of ICAO; The Council of ICAO; and the ICAO Secretariat. These Resolutions are discretionary for the States while being generally considered mandatory for the ICAO Council and the ICAO Secretariat. These two entities endeavor to implement parts of the Resolutions which require their actions. There have been no accepted legal definitions of these Resolutions, nor have there been any pronouncements of their legal legitimacy as coercive and actionable principles at law, except for some academic opinions to the effect that such Resolutions are the mere outcome of political compromises which carry no legal legitimacy. This book examines Resolutions which address some critical areas adopted by the 41st Assembly of ICAO and their relevance to the progress of air law as well as their functions as a tool of management. This is the first book to scrutinise the legal legitimacy of ICAO resolutions. It gives the reader a comprehensive understanding of the nature of a United Nations resolution. It is a key reading and reference work for aviation lawyers and regulators; academics; students of international law and air law; airlines and airline associations; airports

associations; climate change platforms; and NGOs.

Contents:

Intro

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Preface

Chapter 1

Legal Legitimacy of ICAO Assembly Resolutions

Chapter 2

Climate Change

A. Sustainable Development

B. Global Trends

C. Trends For Airlines and Airports

D. Handling Emerging Trends With Good Governance

E. Are Aspirational Goals Enough?

F. Carbon Offsetting or Carbon Tax?

G. Implementing ICAO'S CORSIA

Chapter 3

CORSIA and the Carbon Debate

A. Introduction

B. A Carbon Tax

C. Arguments in Favour of a Carbon Tax

Chapter 4

Aviation and Climate Change - Developments in 2022

Chapter 5

The Regulatory Impasse

B. Some Historical Facts

C. Work Leading up to the 39th ICAO Assembly

D. Considerations of the 39th ICAO Assembly

E. The Assembly Resolutions

F. Consideration of the 40th Session of the Assembly

G. What ICAO Must Do

Chapter 6.

Problems of Interpreting Some Contentious Resolutions Against the Chicago Convention and Its Amendments

B. Interpreting the Chicago Convention

C. Ratification of Amendments

D. What Does the Vienna Convention on the Law of Treaties Say?

Chapter 7

The Legal Resolutions

B. The ICAO Legal Committee

C. Infractions of the Chicago Convention

D. Other Legal Issues

Chapter 8

Competency Framework for Civil Aviation Legal Advisers

B. The Proposed Framework

C. The Way Forward

Chapter 9

ICAO and Private Air Law

B. Compensation For Accident

C. Compensation For Delay

Chapter 10

ICAO and Air Transport

A. The Passenger

B. Equality of Opportunity

C. ICAO's Role of Leadership in Air Transport

Chapter 11

Civil and Military Aviation and Cybersecurity

A. Civil and Military Airspace

B. Addressing Cybersecurity in Civil Aviation

Chapter 12

The Human Face - Helping the Victims of Aviation

A. Resolutions of the Assembly

B. The Human Face

Conclusion.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references.

Other Format:

Print version: Abeyratne, Ruwantissa The Progress of Air Law

ISBN:

9781804415405

1804415405

OCLC:

1422229923