Fauchille's Long-Cherished Dream of a Free Airspace. New Hope for the Freedom of the Air in a Free Market Economy?
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:

Published: 2017-05-31

Total Pages: 30

ISBN-13: 9783668443426

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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.

International Aviation Law
International Aviation Law

Author: Ron Bartsch

Publisher: Routledge

Published: 2016-05-23

Total Pages: 380

ISBN-13: 1317114434

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International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law from criminal law to contract law to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for aviation practitioners and enthusiasts.

The Law of Outer Space
The Law of Outer Space

Author: Tanja L. Masson-Zwaan

Publisher: BRILL

Published: 2010-09-10

Total Pages: 186

ISBN-13: 9004215786

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It is a remarkable achievement to write a book that almost four decades after its publication has lost virtually none of its relevance. Manfred Lachs’ famous treatise on the Law of Outer Space was originally published in 1972, yet it is still a classic and must-read text for space law students today, even though copies can nowadays be rarely found. The reissue of this remarkable work is therefore timely indeed. Its aim is to make the brilliance, foresight and clarity of Lachs’ thinking once more easily accessible to a new generation of scholars. Issued on the occasion of the 50th anniversary of the International Institute of Space Law, of which Lachs was President, this volume reproduces the original text of Lachs' work in full, with a new preface, introduction and index supplied by the editors.

Sovereignty and Jurisdiction in Airspace and Outer Space
Sovereignty and Jurisdiction in Airspace and Outer Space

Author: Gbenga Oduntan

Publisher: Routledge

Published: 2011-09-12

Total Pages: 398

ISBN-13: 1136662901

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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.

The South China Sea Arbitration
The South China Sea Arbitration

Author: Stefan Talmon

Publisher: Bloomsbury Publishing

Published: 2014-11-01

Total Pages: 274

ISBN-13: 1782253750

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On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea. This title is included in Bloomsbury Professional's International Arbitration online service.

International Air Law and ICAO
International Air Law and ICAO

Author: Michael Milde

Publisher: Essential Air and Space Law (EASL)

Published: 2016

Total Pages: 0

ISBN-13: 9789462366190

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This is the third edition of the acclaimed International Air Law and ICAO, first published in 2008. The book has been fully updated to take the latest developments into account. Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. There is a practical need for a compact but exhaustive and easily comprehensible textbook or reference book that deals with the most general aspects of international air law, as well as with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). This book fills this gap as it is a general treatise of the law of international civil aviation aimed at the needs of university students and educators, government authorities, airlines, practicing lawyers, journalists, international organizations and the general public. This book is motivated by the author's 25 years of experience (1966-1991) in the Secretariat of ICAO in Montreal - his last eight years as Director of the Legal Bureau. In equal measure the inspiration for the content of this book came from the author's academic work as Director of the Institute of Air and Space Law of McGill University (1989-1998) and his role as Professor of Law at that Institute until 2006 teaching this subject to graduate students from different parts of the world and different legal cultures. (Series: ?Essential Air and Space Law, Vol. 18) [Subject: Air &?Space Law]Ã?Â?