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EMERGENT COMMERCIAL TRENDS
AND AVIATION SECURITY

by Ruwantissa I.R. Abeyratne

AshgateFrom the Foreword by Professor Michael Milde: "R.I.R. Abeyratne presents in this book a lucid, penetrating and original picture of the evolving concepts of traffic rights and the trends towards liberalization and globalization of air transport, competition and safeguards required to preserve the right of all States to operate an airline. He uses analytical and critical methods for his legal argument, and does so in remarkably simple and comprehensible language -- a gift rather rare in the legal profession. The strength of his analysis lies in his version of the inter-relation of aviation economy and aviation safety, and his observations on international safety oversight and liability of air carriers are fully up to date and convincing."

The pre-eminent concern of the air transport industry and aircraft manufacturers at the present time is safety in the air. It is also the foremost priority of the international Civil Aviation Organization (ICAO). The basic strategic objective of the ICAO Strategic Action Plan, which was adopted by the ICAO Council in 1997, is to further safety, security and efficiency of international civil aviation.

This book discusses the causative factors which may adversely affect the safety of civil aviation and analyzes the regulatory process which has been set in motion by ICAO and the regional civil aviation bodies -- AFCAC, ECAC and LACAC -- in order to ensure the safety of international civil aviation and effectively manage the factors which may threaten the safety of air transport. It also offers self contained conclusions after the examination of each commercial aspect, and suggests possible action in each instance, calculated to ensure the safety of aviation.

In the first part, this work traces the history of the Chicago Convention, then progresses towards analyzing the 50 year old history of commercial aviation. Modern commercial trends which may impact the first decade of the next millenium, such as franchising of the airline product; outsourcing and the virtual airline; the millenium bug; and the use of the smart card in customs and immigration proceedures, are analyzed in detail in the context of their role as possible threats to aviation safety if they are overused. The second part of the book examines the enormity of the problems faced by the international community in ensuring aviation safety and discusses the management of safety into the next millenium, and is followed by a general conclusion.

The book will prove useful to lawyers, government agencies, airlines, economists, social scientists, politicians, and journalists.


About the Author

Ruwantissa I.R. Abeyratne works as a senior professional with the International Civil Aviation Organization (ICAO), Montreal, Canada.

Previously he worked with Air Lanka as the airline's Chief Coordinator and Head of International Relations and Insurance, holding both positions concurrently, until he joined ICAO, in 1990.

He holds the degree of Doctor of Civil Laws from McGill University, is a masters graduate in law of Monash University, Australia and a law graduate of the University of Colombo, Sri Lanka.

Dr Abeyratne has published several books and articles on international law and air law.


Contents

  • Foreword by Dr Michael Milde
  • Preface
  • Part 1
    • Competition Rules in Commercial Aviation
    • Free Trade in Air Traffic Rights and Preferential Measures for Developing Countries
    • Liberalized Trading in Air Transport and Safety Net
    • Distribution of Computer Reservation Systems
    • Outsourcing and the Virtual Airline -- Legal Implications
    • Franchising in the Airline Industry
    • The Aerospace Plane and its Implications on Commercial Air
    • Traffic Rights
    • The Automated Screening of Passengers and the Smart Card
  • Part 2 Safety and Air Carrier Liability
    • Safety in International Aviation
    • Liability for personal Injury
    • Air Carrier Liability for Negligent Acts of Cabin Crew Members
    • Exposure of Air Crew to Cosmic Radiation
    • The Use of Civil Aircraft and Crew for Military purposes
    • Management of the Warsaw System
    • The Millenium Bug
  • Part 3 General conclusion

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