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'Editorial Note', Peter van Fenema, Issue 1, pp. 2–2 |
infoPeter van Fenema, 'Editorial Note' (2007) 32 Air and Space Law, Issue 1, pp. 2–2 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007001 | 
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'A Common Approach to Aviation Emissions Trading', Andreas Hardeman, Issue 1, pp. 3–18 |
infoAndreas Hardeman, 'A Common Approach to Aviation Emissions Trading' (2007) 32 Air and Space Law, Issue 1, pp. 3–18 | | With global climate change high on the international political agenda, pressure on the aviation sector is mounting to address its growing share of global CO2 emissions. In this article, emissions trading is considered as a measure to limit aviation’s impact on the global atmosphere, comparing its use with other types of economic measures and outlining emerging regulations within ICAO and in Europe. Concrete proposals under development by the European Commission have raised questions about whether States can integrate international aviation emissions from aircraft operators of other States in their emissions trading scheme without mutual agreement. In the absence of bilateral or multilateral agreements between States to specifically address aviation’s atmospheric impact on a consensual basis, the author seeks to provide answers within the boundaries of the existing legal framework of the 1944 Chicago Convention, the 1992 UN Framework Convention on Climate Change and its 1997 Kyoto Protocol. Having established that the intended effect and operational implications of emissions trading obligations are of an international, trans-boundary nature and thus potentially affecting the sovereignty of other States, the conclusion is that there are fundamental doubts that international aviation emissions could be included without mutual agreement if these emissions occur or originate outside the territory of parties to the trading scheme. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007002 |
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'Modernization of the 1952 Rome Convention and Protocol', Harold Caplan, Issue 1, pp. 19–30 |
infoHarold Caplan, 'Modernization of the 1952 Rome Convention and Protocol' (2007) 32 Air and Space Law, Issue 1, pp. 19–30 | | These notes are offered to ICAO Council, Legal Committee and Special Group as an aid to re-examination of some basic policy issues. The proposal to prepare two unlinked Conventions is welcome in principle. In particular, a Convention dealing solely with surface damage or injuries caused by aircraft accidents has the best potential to satisfy the mandate for a modern version of the 1952 Rome Convention PROVIDED THAT it can be applied to all civil aircraft in a contracting State, and does not contain concepts derived from the passenger liability provisions of the 1999 Montreal Convention. However, the proposal for a separate Convention imposing liability on aircraft operators for the consequences of terrorism is unjust, deeply flawed and inconsistent with the well-established policy of a large number of States who already accept a duty to ensure that human victims are fairly compensated if criminal terrorists do not pay. In addition, leading developed nations with experience of terrorism have devised a variety of forms of public/private partnership – all of which include some kind of State support for the property insurance of terrorism risks. Hence, although there may be a case for international agreement on compensation for the consequences of terrorism generally, there is no justification for one restricted to aviation: it is simply not needed. Moreover, there are no precedents which might support proposals for collective States’ responsibility for the consequences of terrorism in any one State. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007003 |
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'IASL – IISL International and Interdisciplinary Workshop on Policy and Law Relating to Outer Space Resources: The Example of the Moon, Mars and Other Celestial Bodies', Patrick A. Salin, Issue 1, pp. 31–39 |
infoPatrick A. Salin, 'IASL – IISL International and Interdisciplinary Workshop on Policy and Law Relating to Outer Space Resources: The Example of the Moon, Mars and Other Celestial Bodies' (2007) 32 Air and Space Law, Issue 1, pp. 31–39 | | It is a report on workshop on policy and law relating to outer space resources which took place at the McGill University in Montreal, Canada in June 2006. The workshop was divided into five sessions: Session 1: State-of-the-art technologies and international cooperation. Session 2: The role of private actors. Session 3: Environmental concerns. Session 4: The adequacy of the current legal and regulatory framework. Session 5: the acceptability of the Moon agreement and the road ahead. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007004 |
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'EC Aviation Scene (Major 2006 Developments)', Geert Goeteyn, Issue 1, pp. 40–68 |
infoGeert Goeteyn, 'EC Aviation Scene (Major 2006 Developments)' (2007) 32 Air and Space Law, Issue 1, pp. 40–68 | | This article gives an overview of important developments on the EC aviation scene in 2006 (up to 31 October 2006). It then examines in more detail two specific developments, namely (a) the review by the European Commission (Commission) of the block exemption exempting IATA passenger tariff conferences and slot and scheduling conferences; and (b) the judgement of the European Court of First Instance, rejecting easyJet’s appeal against the Commission’s clearance (subject to conditions) of the Air France/KLM merger. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007005 |
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'DVT Litigation Update', George N. Tompkins, Jr., Issue 1, pp. 69–74 |
infoGeorge N. Tompkins, Jr., 'DVT Litigation Update' (2007) 32 Air and Space Law, Issue 1, pp. 69–74 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007006 |
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'Case Note: Lake Constance Mid-Air Collision: Bashkirian Airlines v. Federal Republic of Germany', P. Nikolai Ehlers, Issue 1, pp. 75–79 |
infoP. Nikolai Ehlers, 'Case Note: Lake Constance Mid-Air Collision: Bashkirian Airlines v. Federal Republic of Germany' (2007) 32 Air and Space Law, Issue 1, pp. 75–79 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007007 |
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'Case Law Digest', Giuseppe Guerreri, Issue 1, pp. 80–80 |
infoGiuseppe Guerreri, 'Case Law Digest' (2007) 32 Air and Space Law, Issue 1, pp. 80–80 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007008 |
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'Book Review: A. Pédone (ed.), Orbites et Fréquences; Statut, Répartition et Régime Juridique', Tanja Masson-Zwaan, Issue 1, pp. 81–84 |
infoTanja Masson-Zwaan, 'Book Review: A. Pédone (ed.), Orbites et Fréquences; Statut, Répartition et Régime Juridique' (2007) 32 Air and Space Law, Issue 1, pp. 81–84 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007009 |
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'Book Review: I.H.Ph. Diederiks-Verschoor, An Introduction to Air Law', Wybo P. Heere, Issue 1, pp. 84–85 |
infoWybo P. Heere, 'Book Review: I.H.Ph. Diederiks-Verschoor, An Introduction to Air Law' (2007) 32 Air and Space Law, Issue 1, pp. 84–85 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007010 |
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'Book Review: Erwin von den Steinen, National Interest and International Aviation', Brian F. Havel, Issue 1, pp. 85–90 |
infoBrian F. Havel, 'Book Review: Erwin von den Steinen, National Interest and International Aviation' (2007) 32 Air and Space Law, Issue 1, pp. 85–90 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007011 |
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ISSUE 2 | |
'The Isa Diederiks-Verschoor Prize 2007', Issue 2, pp. 92–92 |
info'The Isa Diederiks-Verschoor Prize 2007' (2007) 32 Air and Space Law, Issue 2, pp. 92–92 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007012 |
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'Application of Regulation (EC) No 261/2004 on Denied Boarding, Cancellation and Long Delay of Flights', Kinga Arnold, Issue 2, pp. 93–107 |
infoKinga Arnold, 'Application of Regulation (EC) No 261/2004 on Denied Boarding, Cancellation and Long Delay of Flights' (2007) 32 Air and Space Law, Issue 2, pp. 93–107 | | This article deals with the everyday application of the Regulation from the airline point of view. It aims to show some of the discrepancies through practical examples and by discussing possible different interpretations of the rules of the Regulation. The topics cover the applicability of the Regulation in case of code-share flights and in case of 5th freedom traffic. Delay, cancellation, denied boarding and the different ways in which they are treated are examined in detail. Some practical examples are given to demonstrate that some of the requirements of care and assistance to passengers are not realistic and make it impossible or at least very cumbersome and costly for the airlines to comply. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007013 |
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'Obligation of the Carrier to Transport Radioactive Medicines by Air', Ruwantissa Abeyratne, Issue 2, pp. 108–120 |
infoRuwantissa Abeyratne, 'Obligation of the Carrier to Transport Radioactive Medicines by Air' (2007) 32 Air and Space Law, Issue 2, pp. 108–120 | | It is indisputable that civil aviation has proved to be the most effective medium of relief to suffering humanity. From the Asian tsunami of 2004 to Hurricane Katrina in the United States in 2005, both of which left many dead and stranded, cataclysmic events needing assistance to people in distress have been coped with effectively by aid provided through carriage by air of essential items. It follows, therefore, that there should be no distinction in the role of civil aviation in this regard between times of collective distress and exigencies of individual distress of patients whose lives depend on the expedited transport of medicines. At a meeting held in May 2006 at the IAEA Headquarters on the subject of denial of shipments of radioactive material, ICAO advised that air carriers could only be persuaded to carry radioactive cargo, and cannot be forced to do so. At the same meeting, IFALPA observed that there has been an increase in recent years of the number of denials of shipments of radioactive materials by airlines, airports, pilots and States and that such denials are capable of posing problems for hospitals, patients and suppliers of radioactive pharmaceuticals. This article examines the attendant obligation at law of a carrier not to refuse the carriage of radioactive cargo to be used for medical purposes. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007014 |
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'Transnational Satellite Technology Transfers – European Case Studies', Anna Burzykowska, Issue 2, pp. 121–139 |
infoAnna Burzykowska, 'Transnational Satellite Technology Transfers – European Case Studies' (2007) 32 Air and Space Law, Issue 2, pp. 121–139 | | This article illustrates the mechanisms regulating the transnational transfer of satellite technology in Europe on international, regional and national level. The author attempts to define binding political determinants, legal prerequisites, benefits and weaknesses of current practices and the impact of the commercialization of the space sector on the current scheme of transnational technology transfers within the short and long-term perspectives. Moreover the existing multilateral ‘dual use’ export control regimes and three national case studies are used to visualize the balance between the theory and practice of European regional cooperation in space. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007015 |
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'Air Transport and Pandemic Influenza', David Hodgkinson, Issue 2, pp. 140–145 |
infoDavid Hodgkinson, 'Air Transport and Pandemic Influenza' (2007) 32 Air and Space Law, Issue 2, pp. 140–145 | | Recent articles, including one by Abeyratne in Air & Space Law, have examined the relationship between air travel and the spread of pandemic influenza. A number of studies in 2006 in scientific and medical journals have also addressed this relationship. Three of these studies suggest that, with some qualifications, air travel restrictions may be of little value in delaying an influenza pandemic. A fourth study, while noting an influence of air travel on influenza timing and spread, suggests that the efficacy of flight restrictions or bans on a global influenza pandemic is uncertain. The question of air transport restrictions in the event of such a pandemic is a critical one not just for the air transport industry but for States generally. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007016 |
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'The Eagle Returns – IATA Clearing House Regulations Repugnant to Corporations Law', Karen Downs, Issue 2, pp. 146–148 |
infoKaren Downs, 'The Eagle Returns – IATA Clearing House Regulations Repugnant to Corporations Law' (2007) 32 Air and Space Law, Issue 2, pp. 146–148 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007017 |
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'Coming Events', Issue 2, pp. 149–149 |
info'Coming Events' (2007) 32 Air and Space Law, Issue 2, pp. 149–149 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007018 |
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'Aeronautical Public Correspondence by Satellite', Wybo P. Heere, Issue 2, pp. 150–151 |
infoWybo P. Heere, 'Aeronautical Public Correspondence by Satellite' (2007) 32 Air and Space Law, Issue 2, pp. 150–151 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007019 |
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ISSUE 3 | |
'The Isa Diederiks-Verschoor Prize 2007', Issue 3, pp. 154–154 |
info'The Isa Diederiks-Verschoor Prize 2007' (2007) 32 Air and Space Law, Issue 3, pp. 154–154 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007020 |
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'Editorial Note', Pablo Mendes de Leon, Issue 3, pp. 155–155 |
infoPablo Mendes de Leon, 'Editorial Note' (2007) 32 Air and Space Law, Issue 3, pp. 155–155 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007021 |
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'Responsibility of States and Airports in Ensuring Safety in Adverse Weather Conditions', Ruwantissa Abeyratne, Issue 3, pp. 156–167 |
infoRuwantissa Abeyratne, 'Responsibility of States and Airports in Ensuring Safety in Adverse Weather Conditions' (2007) 32 Air and Space Law, Issue 3, pp. 156–167 | | Aviation and weather are soul mates and have been so from the days of the first motorized flights. Weather at the airport and its vicinity is a critical factor in this equation. There is a popular misconception that risks to crew, passengers and staff cease to exist once the aircraft engines are turned off. This is simply not so. It is a common feature at airports that injury and death is caused to ground handling staff during thunderstorms. Adverse weather also portends a serious threat to activities such as refuelling, de-icing and baggage handling operations. Other hazards that might seriously affect those working on the airside are windstorms (which have, in certain instances lifted baggage containers off the ground) and ice and snow which pose a serious threat of injury to passengers climbing aircraft steps who could slip on accumulated black ice. Catastrophic events such as tsunamis, tropical cyclones, snow storms, floods and dust and sand storms are real threats to airports, requiring vigilance and responsibility of both the State concerned and the airport authorities. Most aviation accidents occur at airports or in their immediate vicinities. In January 2007, the Air Navigation Commission of ICAO addressed the subject of dissemination of aerodrome warnings, in particular a recommendation to Annex 3 to the Chicago Convention which suggested that aerodrome warnings should relate to the occurrence or expected occurrence of volcanic ash, tsunami and other phenomena as agreed locally. This article elaborates on the dangers posed by bad weather at airports and inquires into the liability and responsibility of the State and the airport in this regard. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007022 |
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'Privatization of German and Other European Air Navigation Service Providers and the Single European Sky Regulations', Stephan Hobe, Katharina Irmen, Christian Plingen, Issue 3, pp. 168–178 |
infoStephan Hobe, Katharina Irmen, Christian Plingen, 'Privatization of German and Other European Air Navigation Service Providers and the Single European Sky Regulations' (2007) 32 Air and Space Law, Issue 3, pp. 168–178 | | For a number of years there has been a tendency towards the privatization of Air Navigation Service Providers (ANSPs), particularly in Europe. In this article a definition of the term ‘privatization’ will be outlined. Furthermore, the authors provide a review of the history of the English, French and German ANSPs in order to illustrate the differences in the development of European ANSPs. Thereafter, arguments for and against privatization will be summarized. During the last decade the European Union has strengthened its efforts in air law, as demonstrated by the issuance of the Single European Sky Regulations. Therefore, it is necessary to review the status of existing European ANSPs and their compliance with EU laws. Subsequently, the authors demonstrate that there is a trend towards commercialization, even though no mandatory rules are prescribed for the privatization of the core functions of ANSPs. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007023 |
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'US Space-related Rules Adopted in 2005/2006', P.-A. Salin, Issue 3, pp. 179–194 |
infoP.-A. Salin, 'US Space-related Rules Adopted in 2005/2006' (2007) 32 Air and Space Law, Issue 3, pp. 179–194 | | This article is a short review of US federal legislation that has been enacted during the 109th Congress that has just come to an end, and of proposed legislation that has been discussed but not enacted. The purpose is to help the reader in monitoring the evolution of the legislative framing of commercial space activity in the United States. It also helps identify issues that come under the scrutiny of lawmakers for future legislation. The article also covers new main FCC and FAA regulations that have been ordered during the same period of time. For further reference, the reader is kindly requested to search through previous articles that have been published by the author in this Journal.3 Web sites can easily be accessed in order to complement any of the topics that are commented upon in this article. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007024 |
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'EC Aviation Scene: Major Developments November 2006 - February 2007', Geert Goeteyn, Issue 3, pp. 195–217 |
infoGeert Goeteyn, 'EC Aviation Scene: Major Developments November 2006 - February 2007' (2007) 32 Air and Space Law, Issue 3, pp. 195–217 | | This article gives an overview of important developments on the EU aviation scene between 1 November 2006 and 31 March 2007. In addition to the general overview (section 1), the following major developments will be covered in detail in sections 2 to 4: ? The EU/US Air Transport Agreement concluded by European and US negotiators on 2 March 2007 and adopted by the Council of EU Transport Ministers on 22 March 2007 (section 2); ? The airport package proposed by the European Commission (the Commission), including the proposed Directive on airport charges, the assessment of the impact of ground-handling liberalization and the Commission?s Communication on an action plan for airport capacity, efficiency and safety in Europe (section 3). In the discussion relating to the Communication, section 3 will also summarize the main findings of the November 2006 study by Mott MacDonald on the impact of secondary slot trading; and ? The Commission’s Consultation Paper on the possible revision of the CRS Code of Conduct (section 4). Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007025 |
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'DVT Litigation Update', George N. Tompkins, Jr., Issue 3, pp. 218–219 |
infoGeorge N. Tompkins, Jr., 'DVT Litigation Update' (2007) 32 Air and Space Law, Issue 3, pp. 218–219 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007026 |
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'Court Analyzes the Elements of Air Carriers Immunity Under the Tokyo Convention 1963: Zikry v. Air Canada', Moshe Leshem, Issue 3, pp. 220–224 |
infoMoshe Leshem, 'Court Analyzes the Elements of Air Carriers Immunity Under the Tokyo Convention 1963: Zikry v. Air Canada' (2007) 32 Air and Space Law, Issue 3, pp. 220–224 | | On 6 November 2006 the Magistrates Court of Haifa, Israel, rendered a judgment in this case, analyzing in detail the nature of the immunity awarded to air carriers and anyone acting on their behalf under the Tokyo Convention of 1963. The decision dismissed a passenger’s claim against Air Canada, holding that the necessary element to establish immunity under the Tokyo Convention, i.e. that the crew members had reasonable grounds to believe that the person has committed, or was about to commit, on board the aircraft, the forbidden acts, had been established, thus relieving the air carrier from any liability. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007027 |
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'The Montreal Convention and the Meaning of ‘Destination’ in Article 33(1)', George N. Tompkins, Jr., Issue 3, pp. 224–226 |
infoGeorge N. Tompkins, Jr., 'The Montreal Convention and the Meaning of ‘Destination’ in Article 33(1)' (2007) 32 Air and Space Law, Issue 3, pp. 224–226 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007028 |
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'Article 17 and the Warsaw Convention – When is an ‘Accident’ not an Article 17 Compensable ‘Accident’?', George N. Tompkins, Jr., Issue 3, pp. 228–229 |
infoGeorge N. Tompkins, Jr., 'Article 17 and the Warsaw Convention – When is an ‘Accident’ not an Article 17 Compensable ‘Accident’?' (2007) 32 Air and Space Law, Issue 3, pp. 228–229 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007029 |
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'The Case of the Missing 3 Dollar Breakfast and the Pre-emptive Effect of the Montreal Convention', George N. Tompkins, Jr, Issue 3, pp. 229–231 |
infoGeorge N. Tompkins, Jr, 'The Case of the Missing 3 Dollar Breakfast and the Pre-emptive Effect of the Montreal Convention' (2007) 32 Air and Space Law, Issue 3, pp. 229–231 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007030 |
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'‘Bumping’ – Denied Boarding – and Article 19 of the Montreal Convention', George N. Tompkins, Jr., Issue 3, pp. 231–232 |
infoGeorge N. Tompkins, Jr., '‘Bumping’ – Denied Boarding – and Article 19 of the Montreal Convention' (2007) 32 Air and Space Law, Issue 3, pp. 231–232 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007031 |
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'Case Law Digest: Germany', Ronald Schmid, Issue 3, pp. 233–235 |
infoRonald Schmid, 'Case Law Digest: Germany' (2007) 32 Air and Space Law, Issue 3, pp. 233–235 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007032 |
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'US-EU Air Transportation Agreement', Issue 3, pp. 236–283 |
info'US-EU Air Transportation Agreement' (2007) 32 Air and Space Law, Issue 3, pp. 236–283 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007033 |
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ISSUE 4/5 | |
'Editorial Note', Peter van Fenema, Issue 4/5, pp. 286–286 |
infoPeter van Fenema, 'Editorial Note' (2007) 32 Air and Space Law, Issue 4/5, pp. 286–286 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007045 |
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'The Isa Diederiks-Verschoor Prize 2007', Issue 4/5, pp. 286–286 |
info'The Isa Diederiks-Verschoor Prize 2007' (2007) 32 Air and Space Law, Issue 4/5, pp. 286–286 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007034 |
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'Kick-starting Cross-border Alliances', Rutger Jan toe Laer, Issue 4/5, pp. 287–325 |
infoRutger Jan toe Laer, 'Kick-starting Cross-border Alliances' (2007) 32 Air and Space Law, Issue 4/5, pp. 287–325 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007035 |
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'Liability Aspects of Air Traffic Services Provision', Michael Chatzipanagiotis, Issue 4/5, pp. 326–357 |
infoMichael Chatzipanagiotis, 'Liability Aspects of Air Traffic Services Provision' (2007) 32 Air and Space Law, Issue 4/5, pp. 326–357 | | Air Traffic Services (ATS) provision is a critical link in the safe and expedient conduct of international air transport. In case of an aviation accident, liability for ATS provision is an important and complex parameter to be examined. This Article attempts to shed light on the main aspects of such liability. The first part of the Article concerns traditional issues, i.e. problems that lawyers have always encountered. First of all, the legal nature of ATS liability is examined. Then, its scope is analyzed by reference to the objectives of ATS, the relation of the air traffic controller (ATCO) with the pilot-in-command of the aircraft, and the failure of automatic equipment. Subsequently, mention is made to the personal civil liability of the ATCO, jurisdictional problems, liability of regional ATS organizations, and insurance issues. Last, a short analysis of criminal liability arising out of ATS safety occurrences is made. The second part of the Article deals with recent developments posing new legal challenges. First, questions pertaining to functional separation between service provision and regulation of ATS are presented. Second, problems arising out of cross-border service provision are examined, especially if there is no formalized delegation agreement. Afterwards, liability matters regarding the Single European Sky (SES) initiative of the European Community are analyzed. Finally, some thoughts on the recent trend to criminalize aviation safety occurrences are put forward. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007036 |
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'Emissions Trading – Recommendations of CAEP/7 and the European Perspective', Ruwantissa Abeyratne, Issue 4/5, pp. 358–375 |
infoRuwantissa Abeyratne, 'Emissions Trading – Recommendations of CAEP/7 and the European Perspective' (2007) 32 Air and Space Law, Issue 4/5, pp. 358–375 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007037 |
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'May a Technical Fault with an Aircraft be Considered as ‘Extraordinary Circumstances’ in the Meaning of the Regulation (EC) No 261/2004?', Ronald Schmid, Issue 4/5, pp. 376–379 |
infoRonald Schmid, 'May a Technical Fault with an Aircraft be Considered as ‘Extraordinary Circumstances’ in the Meaning of the Regulation (EC) No 261/2004?' (2007) 32 Air and Space Law, Issue 4/5, pp. 376–379 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007038 |
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'MC99 Statute of Limitation Court’s Interpretation', Fernando Beteta, Issue 4/5, pp. 380–380 |
infoFernando Beteta, 'MC99 Statute of Limitation Court’s Interpretation' (2007) 32 Air and Space Law, Issue 4/5, pp. 380–380 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007039 |
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'Application of American Airlines', USA, Department of Transportation, Issue 4/5, pp. 381–391 |
infoUSA, Department of Transportation, 'Application of American Airlines' (2007) 32 Air and Space Law, Issue 4/5, pp. 381–391 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007040 |
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'Bibliography of Air Law 2006', Wybo P. Heere, Issue 4/5, pp. 392–416 |
infoWybo P. Heere, 'Bibliography of Air Law 2006' (2007) 32 Air and Space Law, Issue 4/5, pp. 392–416 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007041 |
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'International Civil Aviation Organization. An Introduction', Ludwig Weber, Issue 4/5, pp. 417–417 |
infoLudwig Weber, 'International Civil Aviation Organization. An Introduction' (2007) 32 Air and Space Law, Issue 4/5, pp. 417–417 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007042 |
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'National Interest and International Aviation', Erwin von den Steinen, Issue 4/5, pp. 418–420 |
infoErwin von den Steinen, 'National Interest and International Aviation' (2007) 32 Air and Space Law, Issue 4/5, pp. 418–420 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007043 |
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'Coming Events', Issue 4/5, pp. 421–421 |
info'Coming Events' (2007) 32 Air and Space Law, Issue 4/5, pp. 421–421 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007044 |
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ISSUE 6 | |
'Sovereignty and Functional Airspace Blocks', Mark Franklin, Issue 6, pp. 425–430 |
infoMark Franklin, 'Sovereignty and Functional Airspace Blocks' (2007) 32 Air and Space Law, Issue 6, pp. 425–430 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007046 |
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'Science in Service of Power: Space Exploration Initiatives as Catalysts for Regime Evolution', Larry F. Martinez, Issue 6, pp. 431–456 |
infoLarry F. Martinez, 'Science in Service of Power: Space Exploration Initiatives as Catalysts for Regime Evolution' (2007) 32 Air and Space Law, Issue 6, pp. 431–456 | | Since the turn of the millennium, a growing number of governments have announced major space exploration initiatives, highly-visible commitments requiring trillions of dollars in additional space budget expenditures to reach their goals on the ‘Moon, Mars, and beyond’. The initiatives represent a significant transformation in the international political economy of outer space, signaling the re-emergence of governments into an increasingly civilian-commercialized space arena, which, over the past two decades, has become dominated by privatized multinational consortia. The initiatives appear to indicate that leading space-faring nations are taking steps to reassert their decision-making prerogatives about how space is used and regulated, with profound implications for the outer space legal regime. In particular, these space-faring nations are using the initiatives to legitimize their proposals to shift the regime’s basis for decision-making from inclusive, principles-based treaties and organizations, to more exclusive, science-based agreements over which they exert a controlling influence. In so doing, the international space legal regime is evolving in a direction paralleling other technology-based commons regimes, such as those for Antarctica and the Internet. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007047 |
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'EU Aviation Scene: Major Developments April 2007–July 2007', Geert Goeteyn, Issue 6, pp. 457–466 |
infoGeert Goeteyn, 'EU Aviation Scene: Major Developments April 2007–July 2007' (2007) 32 Air and Space Law, Issue 6, pp. 457–466 | | This article gives an overview of important developments on the EU aviation scene between 1 April 2007 and 31 July 2007. During this period, the main developments were: – The report of the European Parliament on the Commission’s proposal for a Regulation on common rules for the operation of air transport services in the EU, combining and simplifying the current three common market regulations; – The Commission’s decision to block the proposed acquisition of Aer Lingus by Ryanair; – The outcome of the comments on the Commission’s Consultation Paper on the possible revision of the CRS Code of Conduct; – The abolition of the IATA passenger block exemption for IATA passenger tariff conferences for interlining on routes between EU and non-EU countries; and – The conclusion of a final EU/US deal on the exchange of PNR data. Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007048 |
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'Precision Pays', P. Nikolai Ehlers, Issue 6, pp. 467–468 |
infoP. Nikolai Ehlers, 'Precision Pays' (2007) 32 Air and Space Law, Issue 6, pp. 467–468 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007049 |
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'Indemnification of Agents and the Net Price Model under German Law', Ulrich Steppler, Issue 6, pp. 469–470 |
infoUlrich Steppler, 'Indemnification of Agents and the Net Price Model under German Law' (2007) 32 Air and Space Law, Issue 6, pp. 469–470 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007050 |
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'Coming Events', Issue 6, pp. 471–471 |
info'Coming Events' (2007) 32 Air and Space Law, Issue 6, pp. 471–471 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007051 |
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'General Index Volume XXXII', Wybo Heere, Issue 6, pp. 472–481 |
infoWybo Heere, 'General Index Volume XXXII' (2007) 32 Air and Space Law, Issue 6, pp. 472–481 | | Copyright © 2007 Kluwer Law International
All rights reserved ISSN: 0927-3379
ID: AILA2007052 |
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