"Exploring the intricate relationship between law, economics, and global politics, this book examines the regulatory environment of the aviation industry. Tracing the historical development of aviation law, the book has a particular focus on how economicpolycentrism and the liberal international economic order have influenced the sector's regulatory framework. It discusses the aviation industry's responses to unforeseen global events, such as the COVID-19 pandemic and geopolitical conflicts, providing adetailed analysis of the legal mechanisms that ensure industry stability and resilience. Key topics include the role of arbitration in resolving disputes, the impact of international regulations, and the critical contributions of both public and private actors in shaping aviation law. Additionally, the book explores the challenges posed by new and emerging technologies, such as the increasing automation in aviation systems and the legal considerations surrounding cybersecurity in aviation operations. Thecollection also features diverse international case studies, offering practical examples of legal challenges and solutions in different contexts. By examining the intersection of various legal disciplines and the global nature of aviation, this comprehensive exploration not only reflects on past and present challenges but also provides forward-looking insights into the future of aviation law. The book will be of interest to researchers in the field of air transport law and dispute resolution, offering a thorough understanding of the legal and economic complexities facing the industry today"--
Exploring the intricate relationship between law, economics, and global politics, this book examines the regulatory environment of the aviation industry. It will be of interest to researchers of air transport law and dispute resolution, offering a thorough understanding of the legal and economic complexities facing the industry today.
Exploring the intricate relationship between law, economics, and global politics, this book examines the regulatory environment of the aviation industry.
Tracing the historical development of aviation law, the book has a particular focus on how economic polycentrism and the liberal international economic order have influenced the sector's regulatory framework. It discusses the aviation industry's responses to unforeseen global events, such as the COVID-19 pandemic and geopolitical conflicts, providing a detailed analysis of the legal mechanisms that ensure industry stability and resilience. Key topics include the role of arbitration in resolving disputes, the impact of international regulations, and the critical contributions of both public and private actors in shaping aviation law. Additionally, the book explores the challenges posed by new and emerging technologies, such as the increasing automation in aviation systems and the legal considerations surrounding cybersecurity in aviation operations. The collection also features diverse international case studies, offering practical examples of legal challenges and solutions in different contexts. By examining the intersection of various legal disciplines and the global nature of aviation, this comprehensive exploration not only reflects on past and present challenges but also provides forward-looking insights into the future of aviation law.
The book will be of interest to researchers in the field of air transport law and dispute resolution, offering a thorough understanding of the legal and economic complexities facing the industry today.
1. Introduction: Challenges to Aviation Global Regulatory Milieu in the
Geoeconomic and Long-History Context
PART I: Dispute Resolution for Civil Aviation
2. Arbitration of International Commercial Aviation Disputes: Past, Present,
And Future
3. Pursuing the Pattern: Navigating Intergovernmental Trends in International
Commercial Aviation Arbitration
4. Isn't It Time to Shift to Online Dispute Resolution (ODR) for Passenger
Claims in Europe?
5. International Business Courts as a Forum for Adjudicating Private Aviation
Disputes: the Opportunities and the Challenges
6. Legal Order under Private International Air Law Conventions in China's
Judicial Practice
7. Negotiate-arbitrate regulation of airport services in Australia: Has it
failed?
8. International Airspace disputes as 'Justiciable' Proxies for
(Geo)political Disputes
PART II: Selective Study of Substantive Issues in Civil Aviation Disputes
9. Actual and Contractual Carriers: The Blurring of Lines or Glaring
Distinctions?
10. The Recognition of Taxes Under Article 15 of the Chicago Convention
11. Compensation in Case of Delay Is Article 19 Montreal Convention the
exclusive Remedy?
12. Southern Johor Airspace Dispute: A Discussion
13. Development and Competition of Airports in the Greater Bay Area
PART III: Resolving Civil Aviation Disputes in Pandemic or Emergency
Situations
14. Re-Delivery of Aircraft Objects in Airline Insolvency and the Cape Town
Convention
15. Air Passenger Rights in the EU and Associated Problems During the
Pandemic
16. State Aid to Aviation at the Time of COVID-19: The Developing Case Law of
the General Court of the European Union
17. The Application of the EU State Aid Rules in the Airline Industry Before
and After the Covid-19 Pandemic
18. Unmanned Aircraft Systems in the COVID Era and Beyond: Regulatory Aspects
of Safety and Brief Hints on Third-Party Liability and Data Protection with a
View on Future Scenarios of Urban Air Mobility
19. Russo-Ukrainian War - Impact on and Implications for the Civil Aviation
Jdrzej Górski, MJur (Warsaw), PhD (CUHK) is an independent consultant in international trade, infrastructure, and government procurement policy and regulation. He has a diverse background in consultancy and research, also covering development finance, and the regulatory aspects of infrastructure and energy sectors. Dr. Górski conducted research at institutions, including the Chinese University of Hong Kong, Melbourne Law School, UCL Australia, and City University of Hong Kong. He also has prior experience with CMS Cameron McKenna LLP in Warsaw. His academic contributions include several co-edited volumes on international economic law and political economy, regional integration, as well as social license and energy transitions.
Yun Zhao, LLB, LLM (China University of Political Science and Law), LLM (Leiden University, the Netherlands), PhD (Erasmus University Rotterdam). Prof. Zhao is Henry Cheng Professor in International Law of Faculty of Law at the University of Hong Kong. He is currently Representative of Regional Office for Asia and the Pacific (ROAP) of the Hague Conference on Private International Law (HCCH). He is Standing Council Member of the Chinese Society of International Law and of the Chinese Society of Private International Law, Council Member of Chinese Law Society, and Chair Professor at Xiamen University. He has published widely on various topics, including space law and dispute resolution.
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