The Principles and Practice of International Aviation Law
The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.
- Electronic book text
- 31 Mar 2014
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
About Brian F. Havel
Brian F. Havel is Distinguished Research Professor of Law, Associate Dean for International Affairs, and Director of the International Aviation Law Institute at DePaul University College of Law. From 2011 to 2013, Professor Havel served as the Keeley Visiting Fellow at the University of Oxford, Wadham College, and has been named a lecturer in law at the College. He also holds appointments as Visiting Professor of Law at Leiden University and University College Dublin. His publications have an interdisciplinary focus and include Beyond Open Skies: A New Regime for International Aviation (2009) and In Search of Open Skies: Law and Policy for a New Era in International Aviation (1997). Gabriel S. Sanchez is Senior Research Fellow at the International Aviation Law Institute and previously served as the Institute's FedEx/United Airlines Resident Research Fellow from 2007 to 2011. His most recent work on international aviation law and policy has featured in the Catholic University Law Review, the Virginia Journal of International Law and the Harvard Environmental Law Review.
Table of contents
1. What is international aviation law?; 2. The foundations of public international aviation law; 3. The international law regime for trade in air services; 4. The international law regime for airline investment and global alliances; 5. The international law regime for aviation safety and security; 6. The international law regime for aviation and the environment; 7. The international legal regime for air carrier liability and surface damage; 8. The international law regime for aircraft financing and aircraft nationality.
'Havel and Sanchez have written a magisterial volume on international aviation law, one that belongs on the desk of every scholar and practitioner in the field. Filling a decades-old gap in the legal literature, they have rendered the aviation community an enormous service with a balanced and nuanced treatment of the full panoply of air law, including the most contentious issues.' John Byerly, former Deputy Assistant Secretary of State for Transportation Affairs 'The Principles and Practice of International Aviation Law is to be greatly welcomed as a forward-looking update to existing aviation law publications. Reminiscent of the 'Chicago School' of economics, authors Havel and Sanchez represent a 'Chicago School' of aviation law that is leaving its own distinct footprint on the global aviation community. The book employs a broadly contextualized and innovative approach to complete a topical picture of international aviation law in an interesting and practical manner as rightly suggested by the title.' Pablo Mendes de Leon, Universiteit Leiden 'This is a long-needed contemporary overview of the dynamic and distinctive world of international aviation law. It is comprehensive in its subject coverage, sophisticated in its analysis and use of interdisciplinary concepts, and puts the past, present and speculations about the future in context. Anyone interested in the subject should want a copy.' Michael E. Levine, Distinguished Research Scholar and Senior Lecturer, New York University School of Law 'This is an outstanding contribution to understanding the philosophy and key principles of the regulatory framework of international aviation. The book examines in detail the various instruments governing international aviation ... It intelligently addresses the paradox of why one of the most global sectors in the world, i.e. aviation, is regulated by a panoply of legal instruments, often fragmented and disparate, entailing a high degree of complexity. ... The expertise and profound insight of Professors Havel and Sanchez has allowed them to address this challenging task in a comprehensive and thorough way. The book combines a very clear legal analysis of the relevant instruments together with thoughtful insight on the practice and relevant doctrines in this area. ... an indispensable tool for scholars, practitioners, students and anyone trying to understand the complexities behind the rules governing one of the most exciting economic sectors in the world.' Daniel Calleja Crespo, Director-General of the Enterprise and Industry Directorate-General, European Commission