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Books : Nonfiction : Law : Specialties : Air & Space
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About the book--
The title, Aviation and the Law, is an intentional reflection upon the nature of law, for aviation law is but an integral part of all law. Therefore, this book starts from the beginning, to develop for the reader a basic understanding of the law, of its philosophy, and of its structure and due process, before addressing "aviation and the law" per se. The book is assembled in six major sections, the first of which gives definition to law, touches upon notions of justice, fairness, the underlying theories of law, and upon morality.
Section Two addresses criminal law as related to air transportation. Of primary concern are the issues of airport and airline security, air piracy, and other acts of criminal violence. Section Three, is an overview of civil (or tort) law in the field of aviation, focusing upon pertinent issues in their respective specialized areas, and supported by applicable case law. Section Four looks at airports and the role of government. Section Five deals with manufacturers' liability, the transfer of liability through insurance, and liability for accidents, including an overview of the government's responsibility to investigate aircraft accidents and to promote aviation safety. The final section is an introduction to international aviation law, including its historical development, the Warsaw System, bilateral governmental agreements, international competition, and exemplary court cases in this area.
As with previous editions, the purpose of this book is to provide sudents of aviation with a basic understanding of law, of the legal system, and of how the principles of law may be applied to the many aspects of air commerce and air transportation. Added to this latest edition are updates on the federal aviation security provisions since September 11, 2001, expansion in the area of international air law, as well as court cases of note decided since the last edition.
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Lists basic legal concepts of American aviation and how they can be applied to everyday aviation-related situations.
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This updated edition of a popular textbook on international law includes a new chapter on International Environmental Law, and takes into account such recent significant developments as the Kuwait crisis, the responsibility of international organizations and the growth of international human rights law.
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Companion workbook complete with learning exercises corresponding to each chapter of the textbook.
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International organizations are unusual creations: generated by and for their member states, they must also often compete with member states. This complicated relationship leads to some uncertainty in the law, and the legal argument of an organization may often be counterpointed by an equally valid argument from a member state. Aware of this relationship in his comprehensive analysis of international institutional law, Jan Klabbers re-appraises the status of international organizations in this text for advanced law and international relations students.
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The only textbook available on Aviation Law
This is an undergraduate textbook designed for college and university courses on aviation law. Each chapter covers a fundamental legal subject and discusses application of that area in the aviation environment. Each chapter comes completed with case-studies, and problems, along with instructor’s materials.
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On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.
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A companion volume to the author's textbook War, Aggression and Self-Defence, Third Edition (Cambridge 2001), this book focuses on issues arising in the course of hostilities between States, emphasizing the most recent conflicts in Iraq and Afghanistan. Main themes considered are lawful and unlawful combatants, war crimes (including command responsibility and defenses), prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Many specific topics that have attracted much interest in recent hostilities are also addressed. Also available: War, Aggression and Self-Defence 0-521-79344-0 Hardback $110.00 C 0-521-79758-6 Paperback $40.00 D
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A concise account of international law by an experienced practitioner, this book explains how states and international organisations, especially the United Nations, make and use international law. The nature of international law and its fundamental concepts and principles are described, and the differences and relationships between various areas of international law which are often misunderstood (such as diplomatic and state immunity, and human rights and international humanitarian law) are clearly explained. Also discussed is the essence of new specialist areas of international law, relating to the environment, human rights and terrorism.
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This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
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This new casebook, the most comprehensive ever written about the subject, is sure to be a hit with both students and instructors. Unlike previous works, which have treated aviation law as a narrow and technical specialty, this text is driven by a broad and unique vision. Through the use of contemporary cases, extensive notes, intriguing problems, and frequent references to popular culture, it is the first to make clear just how large a role aviation plays in everyday life and explain why all lawyers can profit from having at least a passing familiarity with the field.
The text—fresh and crisply written—is organized into six chapters that can be taught as sequenced or in an instructor’s preferred order. After an introductory chapter that explains the principles of flight, identifies the sources of aviation law, and reflects on the ethical challenges faced by aviation practitioners, the book proceeds to look at the legal issues surrounding aircraft, airmen (pilots, mechanics, flight attendants), airlines (both passenger and cargo), and airports.
Inside the book users will find 112 principal readings, 168 notes, 25 problems, and 30 appendices. The principal readings are drawn from a rich variety of sources, including cases, law review and bar journal articles, newspaper reports, and legislative and executive pronouncements. The notes both expand on the principal readings and provide commentary on additional issues and subjects. The problems, one for each section, allow students to quickly determine if they have successfully mastered the materials they have just read. And the appendices reproduce the most important air treaties—from Paris (1919) and Warsaw (1929) to Montreal (1999) and Cape Town (2001)—thereby further increasing the book’s utility and flexibility (while obviating the need for students to purchase and carry with them a separate statutory supplement).
A particularly distinguishing feature of the book is its focus on the social history of aviation. Thus, sprinkled liberally throughout the notes are references to the men and women who have become part of aviation lore, including the Wright Brothers, Charles Lindbergh, Amelia Earhart, Howard Hughes, Chuck Yeager, D.B. Cooper, and Jessica Dubroff. Also covered are notable historical incidents, such as the 1948 Berlin Airlift, the 1960 U-2 spy plane crisis, the 1976 Entebbe Airport raid, and the 1983 U.S.S.R. shoot-down of a civilian airliner. As one would expect, special attention is paid to 9/11 and its aftermath—from the renaming of Newark International Airport to the numerous changes that have been made in boarding procedures to the dispute over how to compensate the victims and their families.
The notes also draw heavily from popular culture. Thus, students learn not only from treaties, cases, and statutes, but from such varied and fun fare as Erica Jong’s Fear of Flying, Donald Trump’s The Apprentice, and that TV show "about nothing" (Seinfeld). As a result, students are far more likely to come to class prepared, excited, and eager to participate.
Lastly, the Teacher’s Manual will help both new and experienced instructors get the most out of the book. In addition to comprehensively analyzing the text, it offers tips for preparing extra credit assignments, leading field trips, tapping guest speakers, and incorporating video clips into class presentations.
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An updated and substantially expanded edition of Professor Merrills' comprehensive survey of the methods and techniques employed in the peaceful settlement of international disputes--an issue which occupies a key position in international law and international relations.
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This commentary provides critical insight into the negotiating history that led to the adoption of the international elements of war crimes. It also presents existing jurisprudence relevant to the interpretation of the war crimes in the ICC Statute. It serves as a tool in the implementation of international humanitarian law in cases dealing with war crimes and offers practitioners (judges, prosecutors and lawyers) and academics critical information on the substance of the crimes.
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The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. This third edition of this seminal text on the Court considers it in action: its initial rulings by the Pre-Trial Chambers and the Appeals Chamber and those cases it is prosecuting as well as those where it had decided not to proceed, such as Iraq. It also explores the law of the Court up to and including its ruling on a confirmation hearing. It addresses the political context of the court, such as the difficulties created by US opposition and the increasing recognition of the inevitability of the institution. Written by the leading expert in the field, this text is essential reading for any student of the Court and its workings.
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Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late 19th century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures, including Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau. Finally, his discussion of legal and political realism at American law schools ends in a critique of post-1960 "instrumentalism". This wide-ranging study provides a unique reflection on the future of critical international law.
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In this second edition Detter further explores the changing legal context of modern warfare in the light of developments over the past decade. She reviews the status of international forces and the role and responsibilities of transnational organizations. This new edition covers the Comprehensive Nuclear Test Ban Treaty (CNTBT), the Landmine Convention (1987), and Laser Protocol. New topics include compensation for war crimes, information warfare, space weapons, war crimes tribunals, sanctions and interventions. This updated edition will be of use to students of international law, international relations and politics.
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The OECD Convention is the first major international treaty specifically to address 'supply-side bribery' by sanctioning the briber. The OECD Convention establishes an international standard for compliance with anti-corruption rules by 36 countries, including the 30 OECD members and six non-member countries, with the leading OECD exporting countries receiving particular attention. This book is an article-by-article commentary which gives particular attention to the results of the OECD monitoring process as applied to state implementation. Companies in particular are at ever greater risk of legal and 'reputational' damage resulting from failure to comply with the anti-corruption standards set inter alia, by the OECD Convention. This book provides them with comprehensive guidance on the OECD standards. The commentary also constitutes a significant work of comparative criminal law. It is written and edited by persons who include experts involved in development of the Convention standards as well as academics and legal practitioners.
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This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.