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Global Governance of Civil Aviation Safety


ISBN13: 9781032101132
Published: September 2022
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00



Despatched in 5 to 7 days.

This book indicates the shortcomings of the current international legal system and customary international norms that govern international aviation law to comply with contemporary air transport market realities. As the air transport market develops globally, the safety regime of civil aviation should also be governed and applied globally. In this book, the author departs from current international legal norms to examine the emerging legal field of global administrative law. Through that lens, the possibility of reconstructing the set of legal mechanisms that govern domestic and international administrative interaction in the global field of aviation safety is explored. This book demonstrates that a legal system is never complete but always develops in tandem with changing needs, i.e. the participation of the affected parties.

Exploring the principles of GAL theory contributes to addressing the contemporary legal issues relating to state compliance with international aviation safety standards that would otherwise not be covered by customary international law. In particular, the principles of GAL theory regarding global governance and the ‘public’ character of global regulations, the role of individuals and states in global governance, and state sovereignty are considered valuable contributions to contemporary global aviation safety issues in practice.

It is asserted in this book that proper checks and balances in global aviation safety can be improved by making these accessible to individuals by way of national courts. Finally, establishing public awareness of global aviation safety standards will eventually create greater pressure on states to implement and enforce them.

This book is in an area increasing academic and research interest of practitioners of public international aviation law, global administrative law, global governance, and global aviation safety, global air transport market regulations.

Subjects:
Air and Space Law
Contents:
CHAPTER I – THE INTERNATIONAL LEGAL REGIME FOR ENSURING STATE COMPLIANCE WITH SARPs
Introduction
1.1. Evolution of Public International Aviation law
1.2. The International Civil Aviation Organization (ICAO)
1.3 Standards and Recommended Practices (SARPs)
1.4 The problem of ensuring state compliance with SARPs
CHAPTER II – THE IMPACTS OF GLOBALIZATION ON CIVIL AVIATION SAFETY
Introduction
2.1 Air transport liberalisation
2.2. Deregulation of air transport
2.3 Liberalised air transport market practices and their impacts on aviation safety
2.4. Air transport market liberalisation in emerging markets and related safety risks
2.5 The impact of Covid 19 pandemic on global air transport and related global aviation safety risks
CHAPTER III – ADMINISTRATIVE LAW TYPE OF MECHANISMS FOR THE GLOBAL GOVERNANCE OF CIVIL AVIATION SAFETY
Introduction
3.1 The complexity of increasing global governance in the international legal order
3.2 Administrative law for global governance in the aviation safety realm
3.3. Global governance of aviation safety within the administrative structure of Global Administrative Law (GAL) theory
CHAPTER IV - THE APPLICATION OF GLOBAL AVIATION SAFETY-RELATED STANDARDS IN SARPs IN NATIONAL COURTS
Introduction
4.1 Current international legal system for civil aviation safety-related regulations (SARPs) in domestic courts
4.2. The changing role of national courts
4.3 Global aviation safety standards in national courts
4.4 Looking ahead: Global judicial cooperation in global aviation safety