Air and Space Law : : Essays in Honour of Henri A. Wassenbergh.
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Place / Publishing House: | Boston : : BRILL,, 1992. ©1992. |
Year of Publication: | 1992 |
Edition: | 1st ed. |
Language: | English |
Physical Description: | 1 online resource (344 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Table of Contents
- FOREWORD
- PREFACE
- BIOGRAPHY OF HENRI A. WASSENBERGH
- PRINCIPAL PUBLICATIONS AND PRESENTATIONS OF HENRI A WASSENBERGH
- ACRONYMS &
- ABBREVIATIONS
- TREATIES AND OTHER INSTRUMENTS
- LIST OF CONTRIBUTORS
- PART I - PUBLIC AIR LAW
- THE CHANGING FEATURES OF AVIATION POLICY IN ASIAN COUNTRIES
- 1. Introduction
- 2. Different Types of Asian National Aviation Policy
- 3. Consequences of the Various Asian Aviation Policies
- 4. The Reformulation of a New Asian Aviation Policy
- 5. Conclusion
- REGULATING INTERNATIONAL CIVIL AVIATION - AN ICAO PERSPECTIVE
- 1. The Chicago Convention and ICAO
- 1.1 Implementation
- 1.2 Legal Committee
- 1.3 Ratification
- 2. New Developments
- 2.1 Global
- 2.2 Regional
- 3. Conclusions
- SUBSTANTIAL OWNERSHIP AND EFFECTIVE CONTROL AS AIRPOLITICAL CRITERIA
- AERONAUTICAL COMMUNICATION, NAVIGATION AND SURVEILLANCE BY SATELLITE - TOWARDS A GLOBAL FRAMEWORK FOR CIVIL AVIATION?
- DE LEGE FERENDA: EXPLANATION AND APPLICATION TO PUBLIC INTERNATIONAL AIR LAW
- 1. The Search for the True Nature According to the Doctrine of Tao-te Ching
- 2. An Explanation for the Title of this Book
- 3. The Concept of de Lege Ferenda as Applied to Public International Air Law
- 4. Concluding Remarks
- THE FAST TRACK TO A MODERN AIR TRANSPORT POLICY
- 1. Introduction
- 2. How the Current System Operates
- 3. The Prospect for the EEC
- 4. A New Form of Agreements Required
- 5. The Traditional American Approach
- NATIONALITY OF AIRCRAFT: A VISION OF THE FUTURE
- 1. Introduction
- 2. The Amendment Protocol Purporting to Add Article 83 bis to the Chicago Convention
- 3. A suggestion Concerning the Registration of Aircraft
- 4. Viability of Establishing a Registration System on a Non-National Basis
- 5. Conclusions
- PART II - CRIMINAL AIR LAW.
- LIABILITY OF AIRLINES FOR INJURY CAUSED BY TERRORISM
- LAW AND AVIATION SECURITY
- PART III - PRIVATE AIR LAW
- RESPONSIBILITY FOR TRANSPORTATION BY THE PASSENGER OF DANGEROUS MATERIALS BY AIR
- 1. Introduction
- 2. Conduct of the Passengers and their Luggage
- 3. The Warsaw Convention
- 4. Liability problems
- 4.1 The passenger registers luggage with dangerous material in it with the intent to cause damage
- 4.2 Passengers who are aware of the dangerous material they are carrying
- 4.3 Passengers carrying dangerous material without being aware that they are violating the rules
- 5. Measures of Prevention
- 6. Conclusion
- Appendix: Draft Convention on the Marking of Plastic (and Sheet) Explosives for the Purpose of Detection
- STATE SUCCESSION AND THE 1929 WARSAW CONVENTION - A CASE-STUDY
- 1. Introduction
- 2. Doctrine and State Practice
- 3. The 1978 Convention on Succession of States in respect of Treaties
- 4. Newly Independent States and States which Separate from the Predecessor State
- 5. The Role and Practice of Depositories
- 6. The Predicament of a Newly Independent State
- 7. The Central Problem - the Role of Acquiescence
- 8. The Specific Character of the Warsaw Convention
- 9. Conclusion
- THE ROAD FROM LISI TO CHAN - NOTICE OF THE WARSAW CONVENTION LIMITS OF LIABILITY
- YET ANOTHER LOOK AT THE WARSAW CONVENTION
- PART VI - EEC AIR LAW
- CONTRIBUTION OF THE EUROPEAN COURT OF JUSTICE TO THE IMPLEMENTATION OF THE EEC TREATY IN THE FIELD OF AIR TRANSPORT - PAST AND FUTURE
- 1. Introduction
- 2. Record of the Court's Case Law
- 2.1 The area of application of Article 84(2) of the EEC Treaty
- 2.2 The existence of an obligation to act
- 2.3 Competition regime applicable to air transport
- 3. Legal Basis of Community Competence in External Civil Aviation Policy
- 4. Conclusion.
- BILATERALISM AND MULTILATERALISM IN EEC - NON-EEC COMMERCIAL AIR TRANSPORT RELATIONS
- 1. Preface
- 2. Introduction
- 3. The EEC Treaty and External Aviation Relations
- 4. EEC External Aviation Relations to Date
- 5. Current Proposals for EEC External Aviation Relations
- 6. The Future of EEC External Aviation Relations: Modified Bilateralism?
- 7. The Future of EEC External Aviation Relations: Modified Multilateralism?
- 8. Conclusion
- WORK AND REST PERIODS IN AVIATION - A NEED FOR SAFETY OR A THREAT TO DEREGULATION/LIBERALISATION?
- 1. Introduction
- 2. The Importance of Work and Rest Periods in Aviation
- 3. Today's international and national aviation rules and regulations
- 4. The International Aviation Rules and Regulations Regarding Work and Rest Periods: the Chicago Convention
- 5. The National Aviation Rules and Regulations Regarding Work and Rest Periods: The Netherlands
- 6. The European Aviation Rules and Regulations: Draft Proposals of the European Commission Regarding Work and Rest Periods
- PART V- SPACE LAW
- NATIONALITY FOR SPACECRAFT?
- 1. Subjects and Objects of International Law
- 2. Territories and Territorial Sovereignty
- 3. The Distribution of Objects of International Law among Subjects of International Law and International Law's Major Premises
- 4. The Concept of Nationality
- 5. Nationality and the Three Types of State Jurisdiction
- 6. The Two Elements of State Jurisdiction
- 7. Space Objects and Nationality
- 8. The UN Sponsored Treaties on Space
- 9. Inconsistencies, Ambiguities and Pitfalls
- 10. Re-Thinking Required
- 11. Nationality for Space Objects
- JUS COGENS SIVE LEX FERENDA: JUS COGENDUM?
- 1. Jus Cogens and State Sovereignty: the Enigma
- 2. The Sources of International Law and Jus Cogens
- 3. The Concept of Jus Cogens: the Vienna Convention on the Law of Treaties.
- 4. The Scope and Contents of Jus Cogens, Obligations Erga Omnes and the Barcelona Traction Case
- 5. Jus Cogens and International Crimes: the ILC Draft Articles on State Responsibility
- 6. Jus Cogens and Space Law
- 7. Jus Cogens and Air Law
- 8. Jus Cogens and State Sovereignty: Escape from the Circle
- FREEDOMS OF THE AIR - THE WAY TO OUTER SPACE
- THE AEROSPACE PLANE: AN OBJECT AT THE CROSS-ROADS BETWEEN AIR AND SPACE LAW
- 1. Introduction
- 2. A Legal Regime for the Aerospace Plane
- 3. Analysis of the Legal Regimes for Air and Space Activities
- 3.1 General Principles
- 3.2 Registration and Marking
- 3.3 Jurisdiction
- 3.4 Transit Rights
- 3.5 Traffic Rights
- 3.6 Navigation rules
- 3.7 Persons on Board
- 3.8 Liability
- 4. Application of the Results of the Analysis to the Aerospace Plane Regime
- 4.1 The Aerospace Plane as a Space Transportation System
- 4.2 The Aerospace Plane as an Aircraft
- 5. Test-case: a Collision involving an Aerospace Plane
- 6. Concluding Remarks
- THE ROLE OF COMMUNICATIONS SATELLITES IN PRESERVING PEACE
- 1. Introduction
- 2. "The Moral Equivalent of War"
- 3. Communications Satellites
- 4. Satellites for War and Peace
- 5. International Cooperation
- 6. International Cooperation: the Global Systems
- 6.1 INTELSAT
- 6.2 INTERSPUTNIK
- 6.3 INMARSAT
- 7. A Global Communications Satellite System for Peace
- 8. Satellite Television and Peace
- 9. Peace in the Global Village
- DISPUTE RESOLUTION: A PROPOSAL FOR AVOIDANCE OF LITIGATION IN THE SPACE LAW ARENA
- "OPEN SKIES": THE METAMORPHOSIS OF A CONCEPT
- 1. From Air Space to Outer Space and Back
- 2. The "Open Skies" Regime and the Legal Status of "Air Space" and "Outer Space"
- 3. The Problem of "Opening" Skies, without "Closing" Outer Space
- 4. On the Road to "Global Open Skies"
- INDEX
- TABULA GRATULATORIA.