This book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.
This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.
This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data.
Un manuale per corsi di Diritto dei trasporti dell’Unione Europea, una branca di crescente complessità segnata da una fortissima inter-relazione fra concorrenza, aiuti di Stato, servizi di interesse economico generale, tutela dei consumatori. Il volume, dopo una introduzione sulle principali disposizioni comunitarie, è diviso in cinque moduli: I. Trasporto aereo. II. Trasporto ferroviario. III. Servizi portuali. IV. Trasporto locale e piattaforme digitali. V. Diritti dei passeggeri. Il volume comprende le più importanti decisioni delle Corti UE che hanno aperto e configurato il mercato per servizi di trasporto trans-europei.
When it comes to airline security, there is nothing more important than getting people to their destinations safely. Transportation security is also a key component in the overall mission of protecting the nation against terrorist attacks. But airline security is a tricky goal—how do you achieve acceptable levels of security at a reasonable cost and without unduly inconveniencing passengers or invading their privacy? That's exactly what this book is about. Experts examine the latest thinking and analyze the latest research on air passenger security, discuss current practices, and show how technology can solve myriad problems. The book will, in short, help keep us all safer when flying.
This book sheds light on aviation security, considering both technologies and legal principles. It considers the protection of individuals in particular their rights to privacy and data protection and raises aspects of international law, human rights and data security, among other relevant topics. Technologies and practices which arise in this volume include body scanners, camera surveillance, biometrics, profiling, behaviour analysis, and the transfer of air passenger personal data from airlines to state authorities. Readers are invited to explore questions such as: What right to privacy and data protection do air passengers have? How can air passenger rights be safeguarded, whilst also dealing appropriately with security threats at airports and in airplanes? Chapters explore these dilemmas and examine approaches to aviation security which may be transferred to other areas of transport or management of public spaces, thus making the issues dealt with here of paramou nt importance to privacy and human rights more broadly. The work presented here reveals current processes and tendencies in aviation security, such as globalization, harmonization of regulation, modernization of existing data privacy regulation, mechanisms of self-regulation, the growing use of Privacy by Design, and improving passenger experience. This book makes an important contribution to the debate on what can be considered proportionate security, taking into account concerns of privacy and related human rights including the right to health, freedom of movement, equal treatment and non-discrimination, freedom of thought, conscience and religion, and the rights of the child. It will be of interest to graduates and researchers in areas of human rights, international law, data security and related areas of law or information science and technology. I think it will also be of interest to other categories (please see e.g. what the reviewers have written) "I think that the book would be of great appeal for airports managing bodies, regulators, Civil Aviation Authorities, Data Protection Authorities, air carriers, any kind of security companies, European Commission Transport Directorate, European Air Safety Agency (EASA), security equipment producers, security agencies like the US TSA, university researchers and teachers." "Lawyers (aviation, privacy and IT lawyers), security experts, aviation experts (security managers of airports, managers and officers from ANSPs and National Aviation Authorities), decision makers, policy makers (EASA, EUROCONTROL, EU commission)"
In this book, Yuko Suda examines the Safe Harbor debate, the passenger name record (PNR) dispute, and the Society for Worldwide Interbank Financial Transactions (SWIFT) affair to understand the transfer of personal data from the European Union (EU) to the United States. She argues that the Safe Harbor, PNR, and SWIFT agreements were made to mitigate the potentially negative effects that may arise from the beyond-the-border reach of EU data protection rules or US counterterrorism regulation. A close examination of these high-profile cases would reveal how beyond-the-border reach of one jurisdiction’s regulation might affect another jurisdiction’s policy and what responses the affected jurisdiction possibly makes to manage the effects of such extraterritorial regulation. The Politics of Data Transfer adds another dimension to the study of transatlantic data conflicts by assuming that the cases exemplify not only the politics of data privacy but also the politics of extraterritorial regulation. A welcome and timely collection uncovering the evolution of and prospects for the politics of data privacy in the digitalized and interconnected world.
The transfer of personal data to the UK raises a multitude of data protection law issues and opens up the view of the key challenges of global data exchange. The study contains an overall view of the regulations on third country transfers under the GDPR and the current state of regulation in the UK. It provides an assessment as to whether and to what extent the UK provides an adequate level of protection within the meaning of the GDPR for personal data transferred from the EU and whether the EU Commission's adequacy decision under the GDPR is compliant with the CJEU’s relevant case law. The examination of the UK’s data protection law as well as the regulations of the Investigatory Power Act and the extensive onward transfer practice to the USA form a main focus of the study. The alternative data transfer mechanisms and bases (Articles 46, 47 and 49 GDPR) are (also) examined with regard to their practicability for companies. The study also looks at relevant emerging developments and the wider context of the third country regimes of the EU’s data protection regime.
This book examines how legal, political, and rights discourses, security policies and practices migrate and translate across the North Atlantic. The complex relationship between liberty and security has been fundamentally recast and contested in liberal democracies since the start of the 'global war on terror'. In addition to recognizing new agencies, political pressures, and new sensitivities to difference, it is important that not to over-state the novelty of the post-9/11 era: the war on terror simply made possible the intensification, expansion, or strengthening of policies already in existence, or simply enabled the shutting down of debate. Working from a common theoretical frame, if different disciplines, these chapters present policy-oriented analyses of the actual practices of security, policing, and law in the European Union and Canada. They focus on questions of risk and exception, state sovereignty and governance, liberty and rights, law and transparency, policing and security. In particular, the essays are concerned with charting how policies, practices, and ideas migrate between Canada, the EU and its member states. By taking ‘field’ approach to the study of security practices, the volume is not constrained by national case study or the solipsistic debates within subfields and bridges legal, political, and sociological analysis. It will be of much interest to students of critical security studies, sociology, law, global governance and IR in general. Mark B. Salter is Associate Professor at the School of Political Studies, University of Ottawa.
