Bøker av Ruwantissa Abeyratne

Air law is the law pertaining to the use of airspace. Over the years, it has progressed through the evolution of public and private international law, drawing principles of other branches of law such as contract law; tort law, and criminal law. At the base of air law are basic principles set out in the Convention on International Civil Aviation, popularly called the Chicago Convention which established The International Civil Aviation Organization (ICAO) - a specialized agency of the United Nations. ICAO conducts its triennial Assembly on matters of importance to international civil aviation. At this Assembly, Resolutions are adopted which recommend and request action by the member States of ICAO; The Council of ICAO; and the ICAO Secretariat.These Resolutions are discretionary for the States while being generally considered mandatory for the ICAO Council and the ICAO Secretariat. These two entities endeavor to implement parts of the Resolutions which require their actions. There have been no accepted legal definitions of these Resolutions, nor have there been any pronouncements of their legal legitimacy as coercive and actionable principles at law, except for some academic opinions to the effect that such Resolutions are the mere outcome of political compromises which carry no legal legitimacy.This book examines Resolutions which address some critical areas adopted by the 41st Assembly of ICAO and their relevance to the progress of air law as well as their functions as a tool of management.This is the first book to scrutinise the legal legitimacy of ICAO resolutions. It gives the reader a comprehensive understanding of the nature of a United Nations resolution. It is a key reading and reference work for aviation lawyers and regulators; academics; students of international law and air law; airlines and airline associations; airports associations; climate change platforms; and NGOs.

From early 2020 for a period of two years at the end of which this book was written, air transport suffered unprecedented setbacks due to the COVID-19 pandemic. Although the pandemic may eventually fizzle out into another flu like occurrence, the restraint with which air transport services were offered would remain with us for a while with some practices being sustained, particularly those pertaining to public health. One of the main areas of air transport that was and will be affected significantly by the changed circumstances - is facilitation ¿ a subject that is regulated by the Chicago Convention of 1944 and its Annex 9. This book looks in depth at the Annex as it will be applied in a post pandemic world, against its legal, socio-political, and economic impacts, addressing the Standards of the Annex on clearance of aircraft; entry and departure of passengers; and the carriage of cargo. It also discusses some critical aviation events in 2020 and 2021 that occurred as they relate to facilitation of air transport. Some of the key areas discussed are the role of ICAO; issues of public health as they relate to air transport; security of travel documents; smuggling of persons; digital technology and rights of the passenger; unruly passengers; carriage of disabled passengers; relief flights and repatriation flights; and facilities at airports.

From early 2020 for a period of two years at the end of which  this book was written, air transport suffered unprecedented setbacks due to the COVID-19 pandemic.  Although the pandemic may eventually fizzle out into another flu like occurrence, the restraint with which air transport services were offered would remain with us for a while with some practices being sustained, particularly those pertaining to public health.  One of the main areas of air transport that was and will be affected significantly by the changed circumstances  - is facilitation - a subject  that is regulated by the Chicago Convention of 1944 and its Annex 9.  This book looks in depth at  the Annex as it will be applied in a post pandemic world, against its legal, socio-political, and economic impacts, addressing the Standards of the Annex on clearance of aircraft; entry and departure of passengers; and the carriage of cargo. It also discusses some critical aviation events in 2020 and 2021 that occurred as they relate to facilitation of air transport.  Some of the key areas discussed are the role of ICAO; issues of public health as they relate to air transport; security of travel documents; smuggling of persons; digital technology and rights of the passenger; unruly passengers; carriage of disabled passengers; relief flights and repatriation flights; and facilities at airports.

The book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics.

Against the backdrop of enormous technological strides, this book argues that the air transport industry must be constantly vigilant in its efforts to employ a legal regime that is applicable to the aeronautical and human aspects of the carriage by air of persons and goods.

This book explores the legal and regulatory aspects of the complex air cargo sector, discussing in detail the general principles of the carriage of air cargo;

This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking.

This book addresses emerging legal and economic issues in competition and investment in air transport, against the backdrop of the role governments and airlines should play in avoiding protectionism and encouraging innovation and creativity.

Following the 6th Worldwide Air Transport Conference, this book poses a vital question: shouldn't it be ICAO's purpose to analyze trends and guide the industry, rather than act merely as a forum updating the air transport policies of participating countries?

This book surveys the practical and legal aspects of the Chicago Convention on International Civil Aviation, detailing its effects, and efforts of ICAO and the global aviation community to keep air transport on track and ready for future exponential growth.

Most view the environment in its simplistic sense - that it is the overall summation of all things natural. In this context, the pervasive common view is that this 'state of nature' will remain without change as long as we interfere with it as little as possible. This book examines the theories in relation to aviation and carbon trading.

The law plays a significant role in ensuring aviation security. This book addresses various threats to civil aviation. It evaluates security tools in use such as the Public Key Directory, Advance Passenger Information, Passenger Name Record and Machine Readable travel documents in the context of their legal and regulatory background.