By Ruwantissa Abeyratne
This ebook embarks on a latest research of the interplay of economics and legislations with regards to air shipping, delving into the main concerns that plague the undefined. It exhibits how many of the thorny and troublesome matters will be approached sensibly. one of the concerns mentioned are the paradox of exponential development of air shipping which makes airline profitability remain bad; the legislative impediments in so much nations that avert direct overseas funding within the undefined; the confounding and muddled mess at the back of the economics of airplane engine emissions; and the inexplicable truth that, even though civil aviation is essentially intended to fulfill the desires of the folk of the realm, country regulators have upended the equation and given precedence to nationwide pursuits over the pursuits of the passenger. The publication may be of curiosity to economists and attorneys alike who take care of air shipping matters, and in addition to teachers and scholars within the sector of transportation in addition to regulators and airlines.
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Additional info for Aeronomics and Law: Fixing Anomalies
55 Article 18 of the Chicago Convention stipulates that an aircraft cannot be validly registered56 in more than one State, but its registration can be changed from one 53 Supra, note 2 in the chapter “Anomalies in the Regulatory Structure”. Id. Article 17. 55 International Law Association Helsinki Conference (1966), Report on Nationality and Registration of Aircraft with Special Reference to Article 77 of the 1944 Chicago Convention on International Civil Aviation, at 29. 56 The first use of aircraft registrations was based on the radio callsigns allocated at the London International Radiotelegraphic Conference in 1913.
It is the flag State that must take measures to ensure that ships flying under its flag are in compliance with the rules for the protection of the marine environment. One significant provision which brings out the duties of the flag State is Article 94 of the United Nations Convention on the Law of the Sea (UNCLOS)84 which reflects a detailed list of the flag state’s responsibilities. Taking off where Article 5 (1) of the Geneva Convention leaves off, UNCLOS makes the following statement in Article 94: “Article 94: Duties of the Flag State Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
Niall Ferguson, Professor of Business Administration at Harvard University draws the interesting parallel of Marco Polo’s visit to China in the 1270s when he was impressed by the volume of traffic in the Yangzi. Polo observed that the quantity of merchandize carried up and down made the Yangzi looked like a sea rather than a river. 4-2. 16 Ibid. 17 ‘Chicago Convention, supra, note 2 at Article 44 d). 18 Spence (2011) at 73. 20 In air transport, the exact opposite seems is be happening. One commentator has observed: There is widespread recognition that the ownership and control provisions put severe constraints on access to capital (in a capital-intensive industry) and on market access (in a transnational industry), leading to indirect and ultimately unsatisfactory means of obtaining market access such as alliances and code-sharing.
Aeronomics and Law: Fixing Anomalies by Ruwantissa Abeyratne