Behind and Beyond the Chicago Convention The Evolution of Aerial Sovereignty Edited by Pablo Mendes de Leon & Niall Buissing The Convention on International Civil Aviation which was concluded in Chicago on 7 December 1944, commonly referred to as the Chicago Convention, is one of the most ratified multilateral agreements currently in force, with 193 States parties. In this deeply informative book celebrating its 75th birthday, thirty-three of the most distinguished authors in aviation law offer perspectives on the quality of the Convention’s achievements, which principally address the promotion of safety and security. Emphasising the Convention’s flexibility in the accommodation of social and technological changes, the authors investigate such topics and issues as the following: environmental protection measures such as abatement of noise and reduction of the damaging effects of gaseous emissions; effect of new methods of communication such as Global Navigation Satellite Systems (GNSS); distinction between civil and State aircraft; economic regulation as established under air services agreements between States; cybersecurity measures; compensation for damages; liberalisation of air services; role of regional aviation organisations, in particular, that of the European Union; position of airlines, airports, and providers of air navigation services; and territorial jurisdiction with respect to areas lacking a universally accepted sovereign status. Annexes include the original texts of the Paris Convention 1919 and the Chicago Convention 1944. With its incisive perceptions put forward by distinguished aviation lawyers – including an exploration of the absolute character of sovereignty – this book is without peer in its analysis of how the Chicago Convention affects the regulation of international civil aviation and the operation of air services. Its multifaceted approach towards the current state of affairs from a legal and policy perspective will be welcomed by practitioners and law firms in the field and civil aviation authorities, as well as by academics and business persons with a stake in aviation.

Freedom of overflight is in large part uncontroversial. However, several recent international disputes and subsequent scrutiny of the exercise of coastal State jurisdiction in international airspace have highlighted the problematic legal nature of this freedom – namely, how a State’s ‘creeping jurisdiction’ may encroach upon the rights of other States. This groundbreaking book examines in depth the ambiguous areas at the nexus of air law and the law of the sea with respect to the balance between coastal State jurisdiction and freedom of overflight, thus providing greater legal certainty regarding State actions involving overflight in international airspace. The author identifies and thoroughly examines three highly salient matters impacting overflight in international waters: the right of a State to establish safety zones around maritime constructions and the legitimacy of extending these safety zones to the airspace; what, if anything, under international civil aviation law specifically, prohibits a State from discriminating against the aircraft of another State in international airspace within its flight information region; and whether air defence identification zones can be justified as customary international law. Also considered is the law of the sea concerning transit passage through international straits and archipelagic sea lanes as applied to airspace users. This is the first detailed study of overflight to combine the perspectives of international civil aviation law and the law of the sea. As such, it presents a comprehensive analysis of the legality of attempts by coastal States to exercise jurisdiction in international airspace over aircraft registered in other States, thus taking a giant step towards determining what freedom of overflight entails by establishing its legitimate limitations. It will be welcomed by practitioners, policymakers, and academics concerned with international transportation, national defence, international trade, and other areas of international law.

The Elgar Concise Encyclopedia of Aviation Law provides a comprehensive overview of the evolution of the dynamic field of aviation law. Curated by two internationally recognized scholars in the field, entries are written by a wealth of specialist academics, legal experts, practitioners, and representatives of global institutions.

Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book covers the major areas of international aviation law and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the applicable international and, if any, the European legislation. Delivery of these aims is attained through a clear and balanced use of didactic instruments and immediate information. New chapters cover aircraft financing and advanced air mobility, giving this second edition of Fundamentals of International Aviation Law and Policy even greater coverage and depth. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also constitutes a useful reference material for those who are familiar with legal terminology and aviation specifics.

The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace; the distinction between State and civil aircraft; dispute settlement in international civil aviation; economic regulation of international air transport services, including the establishment of air services agreements; inter-airline cooperation in the context of competition law regimes; liability of the various service providers, in particular airlines, and related insurance coverage; the promotion of safety standards; criminal acts affecting the safety of aviation; the role of international and regional organisations with particular reference to that of the European Union; liability of the aircraft manufacturer for equipment; and financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.

The 1968 Democratic Convention, best known for police brutality against demonstrators, has been relegated to a dark place in American historical memory. Battleground Chicago ventures beyond the stereotypical image of rioting protestors and violent cops to reevaluate exactly how—and why—the police attacked antiwar activists at the convention. Working from interviews with eighty former Chicago police officers who were on the scene, Frank Kusch uncovers the other side of the story of ’68, deepening our understanding of a turbulent decade. “Frank Kusch’s compelling account of the clash between Mayor Richard Daley’s men in blue and anti-war rebels reveals why the 1960s was such a painful era for many Americans. . . . to his great credit, [Kusch] allows ‘the pigs’ to speak up for themselves.”—Michael Kazin “Kusch’s history of white Chicago policemen and the 1968 Democratic National Convention is a solid addition to a growing literature on the cultural sensibility and political perspective of the conservative white working class in the last third of the twentieth century.”—David Farber, Journal of American History