Resolution of Inter-State Disputes in Civil Aviation

Name: Resolution of Inter-State Disputes in Civil Aviation
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«The book provides a systematic and comprehensive analysis of the resolution of inter-state disputes in civil aviation from a practical perspective. It is thought-provoking and offers an excellent in-depth guide to the current trends in this area. It is a must-read for anyone interested in international dispute settlement and the international law of civil aviation.»
Liao Li, Chinese Journal of International Law

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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.

Detaljer

Forlag: Oxford University Press
Innbinding: Innbundet
Språk: Engelsk
ISBN: 9780192849274
Utgivelsesår: 2022
Format: 24 x 16 cm

Anmeldelser

«The book provides a systematic and comprehensive analysis of the resolution of inter-state disputes in civil aviation from a practical perspective. It is thought-provoking and offers an excellent in-depth guide to the current trends in this area. It is a must-read for anyone interested in international dispute settlement and the international law of civil aviation.»
Liao Li, Chinese Journal of International Law

«It is thorough and extensively researched, and is an insightful and forward-looking text. This book is a valuable resource for anyone involved in dispute settlement - either generally or specifically within international civil aviation - and is a good resource for lawyers, academics, policy makers and students across the globe.»
Benjamyn I. Scott, Leiden University, Air and Space Law

«The Resolution of Inter-State Disputes in Civil Aviation thoroughly and critically investigates the current deficiencies in the dispute resolution mechanisms in international civil aviation. It not only odes so by providing quantitative and qualitative analyses as to the theory and practice of international settlement mechanism, but also, and remarkably, by applying an interdisiplinary approach on international law to discuss this topic.»
Dr. Andrea Trimarchi, Rezension

«Ideally positioned at the intersection of aviation law scholarship and international dispute resolution scholarship, this book effectively fills the academic gap in this area ... [it] exhibits the author's extensive research ... and she has satisfied the needs of both fields.»
Jae Woon Lee, Asian Journal of International Law