The Resolution of Inter-State Disputes in Civil Aviation
The Resolution of Inter-State Disputes in Civil Aviation

Author: Luping Zhang

Publisher: Oxford University Press

Published: 2022

Total Pages: 257

ISBN-13: 0192849271

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"This book investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral air services agreements (ASAs) and the multiplication of multilateral treaties. With the advancement of the aviation technology, this book considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take. The book is divided into five chapters. Chapter I provides an introduction and defines the scope of the research. Chapter II is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. Chapter III analyses how disputes brought to the fora designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in ICAO as well as establishing a new arbitral institution"--

The Resolution of Inter-State Disputes in Civil Aviation
The Resolution of Inter-State Disputes in Civil Aviation

Author: Luping Zhang

Publisher: Oxford University Press

Published: 2022-01-06

Total Pages: 257

ISBN-13: 0192665936

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In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.

Interstate Conflicts and the International Civil Aviation Organization
Interstate Conflicts and the International Civil Aviation Organization

Author: Michał M. Kobierecki

Publisher: Taylor & Francis

Published: 2024-09-24

Total Pages: 193

ISBN-13: 104015249X

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This book investigates the International Civil Aviation Organization (ICAO) and politicized debates held there. The author explores how participants have employed depoliticization as a defensive diplomatic technique in a multilateral forum. Analyzing cases such as the ICAO membership/ statehood of Spain, Taiwan, Cyprus, and South Africa; various instances of the Arab–Israeli conflict; shootdowns of the Korean aircraft by the USSR and Iranian aircraft by the United States; and the 21st century tensions between Russia and Western countries, the book focuses on how states under criticism defended themselves and used depoliticization rhetoric to weaken ICAO decisions. The book allows us to see how rivalries play out in a different environment to more investigated cases in the UN and INGOs such as the International Olympic Committee. This broad scope will appeal to scholars and students of international relations and political science, the Cold War, the Sino–Taiwanese conflict and the Arab–Israeli conflict. It will also appeal to practitioners working in civil aviation.

Sustainable Development, International Aviation, and Treaty Implementation
Sustainable Development, International Aviation, and Treaty Implementation

Author: Armand L.C. de Mestral

Publisher: Cambridge University Press

Published: 2018-09-06

Total Pages: 381

ISBN-13: 1107153115

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The international community has succeeded in developing rules to limit greenhouse gas emissions in the atmosphere from international civil aviation. This book examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law.

Climate Change Litigation: Global Perspectives
Climate Change Litigation: Global Perspectives

Author: Ivano Alogna

Publisher: BRILL

Published: 2021-04-26

Total Pages: 567

ISBN-13: 900444761X

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This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Islamic Law and International Law
Islamic Law and International Law

Author: Emilia Justyna Powell

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 329

ISBN-13: 0190064633

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"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--