Cross-Border Provision of Air Navigation Services with Specific Reference to Europe
Safeguarding Transparent Lines of Responsibility and Liability
Hardcover | 1 July 2008
At a Glance
306 Pages
24.38 x 16.51 x 2.03
Hardcover
$261.25
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About the Author | p. vii |
Preface | p. xi |
Acknowledgements | p. xiii |
Table of Cases | p. xxi |
Table of International Conventions and Other Agreements | p. xxiii |
List of Abbreviations | p. xxvii |
Introduction | p. 1 |
Technology and Tragedies | p. 1 |
The Mid-air Collision Near Uberlingen (Lake Constance) | p. 6 |
Objective and Research Questions | p. 12 |
Division of the Chapters | p. 15 |
The International Legal Framework | p. 17 |
Introduction | p. 17 |
Principles of International (Air) Law | p. 18 |
State, Territory and Airspace | p. 18 |
Sovereignty, Jurisdiction and Delegation of National Competencies | p. 19 |
ICAO | p. 22 |
Institutions | p. 22 |
The Assembly, Council, Air Navigation Commission, Legal Committee and the Committee on Joint Support of Air Navigation Services | p. 23 |
The Regional Office, PIRG, RANP and the RAN Meeting | p. 25 |
Framework for the Operation of Air Navigation Services | p. 27 |
Rule-making | p. 29 |
Enforcement | p. 32 |
Concluding Remarks | p. 38 |
The European Legal Framework | p. 41 |
Introduction | p. 41 |
The ECAC, EUROCONTROL and the European Community | p. 42 |
The ECAC | p. 42 |
EUROCONTROL | p. 44 |
The Amended Convention | p. 44 |
The Revised Convention | p. 47 |
Provisional Application of the Revised Convention | p. 49 |
Institutions | p. 49 |
Rule-making | p. 51 |
Non-safety Related Rules | p. 52 |
Safety Related Rules (ESARRs) | p. 54 |
Enforcement | p. 55 |
The European Community | p. 57 |
Rule-making | p. 57 |
The SES Regulations | p. 60 |
Framework Regulation | p. 63 |
Service Provision Regulation | p. 65 |
Airspace Regulation | p. 67 |
Interoperability Regulation | p. 68 |
Enforcement | p. 68 |
Preliminary Remarks | p. 69 |
The Inter-relationship between EUROCONTROL and the European Community (Including EASA) | p. 71 |
The European Community, EUROCONTROL and EASA | p. 71 |
The European Community in Relation to the Revised Convention | p. 71 |
EUROCONTROL in Relation to the Single European Sky Regulations | p. 75 |
Non-safety Related Rules: A Hybrid Rule-Making Framework (Mandates) | p. 76 |
A Commentary on Non-safety Related Rules Issued under the European Community | p. 80 |
Safety Related Rules (ESARRs) | p. 82 |
A Commentary on Safety Related Rules: Implementation Issues and EASA | p. 83 |
EUROCONTROL and the Single Pan-European Sky | p. 86 |
Concluding Remarks | p. 87 |
Cross-Border Provision of Air Navigation Services | p. 93 |
Introduction | p. 93 |
Cross-Border and Extra-Territorial Provision of Air Navigation Services | p. 94 |
Cross-Border Provision of Air Navigation Services | p. 94 |
Extra-Territorial Provision of Air Navigation Services | p. 96 |
High Seas: Joint Financing, ADIZ and CADIZ | p. 96 |
Undetermined Sovereignty: Antarctica | p. 100 |
Autonomy | p. 103 |
The Netherlands Antilles and Aruba | p. 105 |
Hong Kong and Macau | p. 108 |
Preliminary Remarks | p. 110 |
Responsibility and Liability | p. 111 |
Responsibility | p. 111 |
Liability | p. 117 |
Cross-Border Arrangements | p. 120 |
Bilateral Arrangements | p. 122 |
Letters of Agreement | p. 122 |
Bilateral Agreement | p. 124 |
Eurocontrol Model Agreement on the Delegation of Air Traffic Services | p. 128 |
Multilateral Arrangements | p. 129 |
Maastricht UACC | p. 129 |
CEATS | p. 130 |
NUAC | p. 132 |
The Draft Eurocontrol Model State Level FAB Agreement | p. 135 |
COCESNA and ASECNA | p. 136 |
The Concept of the Responsibility of the Supervising Authority | p. 138 |
Towards a Multilateral Vehicle for Cross-Border Arrangements | p. 148 |
Amending the Chicago Convention | p. 149 |
The Regional Air Navigation Plan (RANP) | p. 149 |
Positioning the RANP in International Law | p. 154 |
The RANP as a Multilateral Vehicle | p. 162 |
Concluding Remarks | p. 163 |
Organization of Air Navigation Service Providers in Europe | p. 169 |
Introduction | p. 169 |
Corporatization and Privatization | p. 170 |
The Organization of Air Navigation Service Providers under National Law | p. 178 |
Luxembourg | p. 178 |
Belgium | p. 180 |
The Netherlands | p. 181 |
Germany | p. 184 |
Austria | p. 187 |
Switzerland | p. 188 |
Ireland | p. 189 |
United Kingdom | p. 190 |
The Organization of Air Navigation Service Providers in the European Community | p. 193 |
Air Carrier Transportation: Operating Licence and Route Licence | p. 193 |
Air Navigation Services: Certification and Designation | p. 195 |
Service Provision Regulation: Entry into Force | p. 198 |
The Organization of Air Navigation Service Providers | p. 198 |
Principal Place of Operation and Registered Office (Ownership and Control) | p. 199 |
Regulatory | p. 200 |
Liability | p. 201 |
Liability for (Cross-Border) Air Navigation Services | p. 201 |
Traditional Liability Concepts | p. 201 |
The Draft Convention on the Liability for Air Traffic Control | p. 204 |
Inter-state Liability Concepts for Cross-Border Service Provision | p. 207 |
Towards a Harmonized Cross-Border Liability Regime for the European Community | p. 210 |
Conceptual Liability Framework: Inter-State Liability and Third Parties on the Ground | p. 212 |
Contractual Liability Framework for the Benefit of Aircraft Operators | p. 219 |
The Airways Corporation of New Zealand | p. 220 |
Draft Contractual Framework for GNSS (CNS/ATM) | p. 223 |
Airports and Airlines | p. 227 |
Preliminary Remarks | p. 228 |
Concluding Remarks | p. 230 |
Conclusions and Recommendations | p. 235 |
Introduction | p. 235 |
Essential Elements for Cross-Border Provision of Air Navigation Services | p. 236 |
International Organization | p. 236 |
Transparent Lines of State Responsibility | p. 238 |
Transparent Lines of Inter-state Liability and for Third Parties on the Ground and Aircraft Operators | p. 240 |
Strengthening the Rule-Making Role of EUROCONTROL in the European Community | p. 241 |
The Establishment of Transparent Lines of State Responsibility by Allocating Responsibility to the Supervising Authority under a Model Delegation Agreement | p. 244 |
The Regional Air Navigation Plan as Multilateral Vehicle for Cross-Border Arrangements | p. 246 |
Establish Transparent Lines of (Inter-state) Liability for the Provision of Cross-Border Air Navigation Services | p. 248 |
Extrapolating the Conclusions and Recommendations beyond European Airspace | p. 250 |
Model Agreement for Cross-Border Provision of Air Navigation Services | p. 253 |
Structure of Proposal (Graphic) | p. 261 |
Bibliography | p. 263 |
Index | p. 273 |
Table of Contents provided by Ingram. All Rights Reserved. |
ISBN: 9789041126887
ISBN-10: 9041126880
Series: Aviation Law and Policy
Published: 1st July 2008
Format: Hardcover
Language: English
Number of Pages: 306
Audience: Professional and Scholarly
Publisher: WOLTERS KLUWER LAW & BUSINESS
Country of Publication: NL
Dimensions (cm): 24.38 x 16.51 x 2.03
Weight (kg): 0.64
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