- Table View
- List View
The Resolution of Sovereign Debt Crises: Instruments, Inefficiencies and Options for the Way Forward
by Jeannette AbelThe insolvency of states is by no means a rare or new phenomenon. Despite this, it still seems to be widely felt that states do not go bankrupt. As of yet, there are no regulated insolvency proceedings for states. This book examines the current mechanisms for solving sovereign debt crises. It presents an analysis of their weaknesses and shows possibilities for dealing with such crises in the future. In this respect, the work focusses on crisis resolution measures at European level: the aid packages for Greece, the European Financial Stabilisation Mechanism, the European Financial Stabilisation Facility and the European Stability Mechanism. These are examined for their appropriateness as well as whether they contain elements of insolvency law. Ultimately, it explores possible insolvency proceedings for states at EU level and their implementation options.
Elder Care in Crisis: How the Social Safety Net Fails Families (Health, Society, and Inequality #2)
by null Emily K. AbelExplains why there is a crisis in caring for elderly people and how the COVID-19 pandemic exacerbated itBecause government policies are based on an ethic of family responsibility, repeated calls to support family members caring for the burgeoning elderly population have gone unanswered. Without publicly funded long-term care services, many family caregivers cannot find relief from obligations that threaten to overwhelm them. The crisis also stems from the plight of direct care workers (nursing home assistants and home health aides), most of whom are women from racially marginalized groups who receive little respect, remuneration, or job security. Drawing on an online support group for people caring for spouses and partners with dementia, Elder Care in Crisis examines the availability and quality of respite care (which provides temporary relief from the burdens of care), the long, tortuous process through which family members decide whether to move spouses and partners to institutions, and the likelihood that caregivers will engage in political action to demand greater public support. When the pandemic began, caregivers watched in horror as nursing homes turned into deathtraps and then locked their doors to visitors. Terrified by the possibility of loved ones in nursing homes contracting the disease or suffering from loneliness, some caregivers brought them home. Others endured the pain of leaving relatives with severe cognitive impairments at the hospital door and the difficulties of sheltering in place with people with dementia who could not understand safety regulations or describe their symptoms. Direct care workers were compelled to accept unsafe conditions or leave the labor force. At the same time, however, the disaster provided an impetus for change and helped activists and scholars develop a vision of a future in which care is central to social life.Elder Care in Crisis exposes the harrowing state of growing old in America, offering concrete solutions and illustrating why they are necessary.
Politics By Other Means: Law in the Struggle Against Apartheid, 1980-1994
by Richard AbelPolitics by Other Means explores the fundamental question of how law can constrain political power by offering a pathbreaking account of the triumphant final decade of the struggle against apartheid. Richard Abel presents case studies of ten major legal campaigns including: challenges to pass laws; black trade union demands for recognition; state terror; censorship; resistance to the "independent" homelands; and treason trials.
How Autocrats Abuse Power: Resistance to Trump and Trumpism (Defending American Democracy)
by Richard L. AbelChronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of both Trump’s efforts to erode democracy’s essential elements and opposition to those efforts. This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocrats blur or breach the separation of powers, use executive orders to bypass the legislature, pack the courts, replace career prosecutors with political appointees, abuse the pardon power, and claim immunity from the law. They seek to hobble opposition from civil society by curtailing speech and assembly, tolerating and even encouraging vigilante violence, and attacking the media. As this book demonstrates, Trump followed the autocrat’s playbook in many ways. He was a huckster of hate, aiming his vitriol at women and racial minorities and making attacks on immigrants the focus of his 2016 campaign, as well as his first years in office. Nevertheless, his rhetoric and policies encountered widespread opposition—from religious leaders, business executives, lawyers and bar associations, and civil servants. His executive orders (on which he relied) were almost all struck down by courts: including the first two “Muslim bans,” the detention of children and their separation from parents, the diversion of military funds to build the border wall, the insertion of a citizenship question in the census, and the limits on asylum. Just as Trump sought to weaponize the criminal justice system against his political opponents, so he manipulated it to defend his cronies, derailing some of their prosecutions. Trump also intervened in courts martial and criminal prosecutions of those convicted of war crimes in Afghanistan and Iraq and those accused of desertion and terrorism. Again, however, there was resistance, as some career prosecutors withdrew from cases or resigned when subjected to political pressure and federal courts convicted all of Trump’s allies—even though the president went on to use his unreviewable pardon power. This book, then, documents the abuses that are characteristic of autocracy and assesses the various forms of resistance to them. This definitive account and analysis of Trumpism in action, as well as the resistance to it, will appeal to scholars, students, and others with interests in politics, populism, and the rule of law and, more specifically, to those concerned with resisting the threat that autocracy poses to liberal democracy.
How Autocrats Attack Expertise: Resistance to Trump and Trumpism (Defending American Democracy)
by Richard L. AbelChronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of Trump’s assault on truth and his populist attacks on expertise, as well as scientific and legal opposition to them. This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Pandering to populists, autocrats attack professional expertise in an Orwellian world, where “ignorance is strength” and where, as Hannah Arendt wrote, people “believe everything and nothing.” Trump sought to inflame xenophobia by blaming China for the pandemic and closing U.S. borders, then declaring victory and, when that proved premature, wrongly blaming the number of tests for escalating cases. He sought to muzzle government scientists and denounced those who defied or evaded his directives as members of the “deep state,” preferring to rely on inexpert buddies. He elevated obscure scientists who promoted quack cures and opposed effective preventive measures while sidelining the few reputable experts, who nevertheless courageously resisted political interference. In addition to these, as this book documents, independent scientists, scientific journals and professional associations also outspoken, often more so. Even the pharmaceutical industry sought to preserve the integrity of a federal bureaucracy that assured the public the drugs they consumed were safe and efficacious. Following Trump’s numerous efforts to distort and undermine expertise, this book describes and evaluates the resilience of scientific and legal defenses of truth. This definitive account and analysis of the Trump’s populist rejection of truth and expertise will appeal to scholars, students and others with interests in politics, populism and the rule of law and, more specifically, to those concerned with resisting the threat that autocracy poses to liberal democracy.
How Autocrats Seek Power: Resistance to Trump and Trumpism (Defending American Democracy)
by Richard L. AbelChronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of the rise of Trump’s populist support in 2016, and his failed efforts to nullify the result of the 2020 election.This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocracy negates both liberalism—which includes the protection of fundamental rights, the rule of law, separation of powers, and respect for specialist expertise—and democracy—which requires that the state be responsible to an electorate composed of all eligible voters—by concentrating unconstrained power in a single individual. Anticipating defeat in the 2016 election, Trump attacked suggestions that he had sought, or even benefited from, Russian assistance despite the evidence, and he made repeated claims of election fraud. In 2020, fearful that his mishandling of the pandemic had alienated voters, he intensified the allegations of fraud, demanding recounts, pressuring state legislatures and state election officials, advancing bizarre conspiracy theories, and finally, calling for a massive demonstration, urging protesters to march to the Capitol to pressure Congress, promising to accompany them. But as this book documents, Trump’s efforts to nullify the result of the 2020 election failed. As the courts rejected his numerous challenges, state election officials loyally performed their statutory duties, the Justice Department found no evidence of fraud, and politicians from all sides certified Biden’s victory, this book traces the many, and varied, forms of the defense of liberal democracy located within both the state and civil society, including law (judges, government lawyers, and private practitioners), the media, NGOs, science (and other forms of expertise), and civil servants (in federal, state, and local government). Evaluating their efficacy, the book maintains, is vital if—as history has repeatedly taught us—the price of liberal democracy, like that of liberty itself, is eternal vigilance.This definitive account and analysis of Trumpism and the resistance to it will appeal to scholars, students, and others with interests in politics, populism, and the rule of law and, more specifically, to those concerned with resisting the threat that autocracy poses to liberal democracy.
The Law and Society Reader
by Richard L. AbelThis book seeks to provide answers to everything you ever wanted to know about the law—except what the rules are or ought to be. For centuries, the law has been considered a neutral, objective arena that sets societal standards and in which conflicting forces resolve disputes. More recently, however, the interaction between law and society has been recognized as a two-way street: society clearly exacts a considerable influence on the practice and evolution of law. Further, the discrepancy between what the law mandates and what the social reality is has served as evidence of the chasm between theory and practice, between the abstraction of law and its actual societal effects. Examining such issues as the limits of legal change and the capacity of law to act as a revolutionary agent, the essays in this book offer a well-rounded introduction to the relationship between law and society. By focusing on flashpoint issues in legal studies—equality, consciousness and ideology, social control--and making ample use of engaging case studies, The Law and Society Review provides an invaluable resource for scholars and students alike.
Law's Trials: The Performance of Legal Institutions in the US 'War on Terror' (Cambridge Studies in Law and Society)
by Richard L. AbelThe US 'war on terror' has repeatedly violated fundamental rule of law values. When executive and legislature commit such egregious wrongs, courts represent the ultimate defense. Law's Trials: The Performance of Legal Institutions in the US 'War on Terror' offers the first comprehensive account of judicial performance during the 16 years of the Bush and Obama administrations. Abel examines criminal prosecutions of alleged terrorists, courts martial of military personnel accused of law of war violations, military commission trials of 'high value detainees', habeas corpus petitions by Guantánamo detainees, civil damage actions by victims of both the 'war on terror' and terrorism, and civil liberties violations by government officials and Islamophobic campaigners. Law's Trials identifies successful defenses of the rule of law through qualitative and quantitative analyses, comparing the behavior of judges within and between each category of cases and locating those actions in a comparative history of efforts to redress fundamental injustices.
Law's Wars: The Fate of the Rule of Law in the US 'War on Terror' (Cambridge Studies in Law and Society)
by Richard L. AbelThe US 'war on terror', which Bush declared and Obama continued, repeatedly violated fundamental rule of law values. Law's Wars: The Fate of the Rule of Law in the US 'War on Terror' is the first comprehensive account of efforts to resist and correct those violations. It focuses on responses to abuses in Abu Ghraib, efforts by Guantánamo Bay detainees to improve conditions of confinement in and win release, exposés of and efforts to end torture and electronic surveillance, and civilian casualties on the battlefield, including targeted killings. Abel deploys a law and society perspective to construct and analyze detailed narratives of the roles of victims, whistle-blowers, the media, NGOs, lawyers, doctors, politicians, military personnel, foreign governments and international organizations in defending the rule of law. Only by understanding past errors can we hope to prevent their repetition in what promises to be an endless 'war on terror'.
Decommissioning Health Physics: A Handbook for MARSSIM Users, Second Edition
by Eric W. AbelquistExperienced Guidance on the Technical Issues of Decommissioning ProjectsWritten by one of the original MARSSIM authors, Decommissioning Health Physics: A Handbook for MARSSIM Users, Second Edition is the only book to incorporate all of the requisite technical aspects of planning and executing radiological surveys in support of decommissioning. Exte
Prisoners of the International Community
by Denis AbelsLittle has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals' jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the law's underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals' sentences. In respect of substantive law, it examines the detainees' right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals' detention law, particularly because it is the first monograph written on the topic.
The Moral Background: An Inquiry into the History of Business Ethics (Princeton Studies in Cultural Sociology #60)
by Gabriel AbendIn recent years, many disciplines have become interested in the scientific study of morality. However, a conceptual framework for this work is still lacking. In The Moral Background, Gabriel Abend develops just such a framework and uses it to investigate the history of business ethics in the United States from the 1850s to the 1930s.According to Abend, morality consists of three levels: moral and immoral behavior, or the behavioral level; moral understandings and norms, or the normative level; and the moral background, which includes what moral concepts exist in a society, what moral methods can be used, what reasons can be given, and what objects can be morally evaluated at all. This background underlies the behavioral and normative levels; it supports, facilitates, and enables them.Through this perspective, Abend historically examines the work of numerous business ethicists and organizations—such as Protestant ministers, business associations, and business schools—and identifies two types of moral background. "Standards of Practice" is characterized by its scientific worldview, moral relativism, and emphasis on individuals' actions and decisions. The "Christian Merchant" type is characterized by its Christian worldview, moral objectivism, and conception of a person's life as a unity.The Moral Background offers both an original account of the history of business ethics and a novel framework for understanding and investigating morality in general.
Socratic Dialogue: Voicing Values (Giving Voice to Values)
by Sira Abenoza Josep M. LozanoGiving Voice to Values is a very important tool that has helped many professionals better align what they do with what they value and believe. This book introduces the methodology of Socratic Dialogue as a complementary set of tools for creating spaces of joint reflection in which one can gain clarity about one’s values and gain the confidence to voice them effectively. Socrates’ main concern was to progressively reach a higher alignment between ideas and actions: that is, to achieve a harmony between what we think, what we say and what we do. The first step to giving voice to our values involves introspection and dialogue with others – which is how we can become aware of what we really think and value. An examined life, Socrates reminds us, is a fulfilled one. Based on the authors' more than ten years’ experience teaching Socratic Dialogue to business and law students, executives and professionals, faculty, incarcerated people and other vulnerable groups, the book provides teachers and practitioners with a roadmap to conceive, design and conduct Socratic Dialogue courses and sessions. It provides context for the method and its adaptation to the challenges of the 21st century. The book also offers guidance on how to structure a Socratic Dialogue classroom, as well as a series of tried-and-true activities and exercises, practical recommendations and testimonies of the transformative impact that dialogue courses have had on participants. The book is of prime interest to professors and educators of business ethics, as well as professional consultants working to help organizations become more responsible and introduce ethical reasoning in their decisions. It also serves as a valuable resource for social educators and practitioners in prisons and rehabilitation units, as well as teachers in primary and secondary education.
Passing to América: Antonio (Née María) Yta’s Transgressive, Transatlantic Life in the Twilight of the Spanish Empire
by Thomas A. AbercrombieIn 1803 in the colonial South American city of La Plata, Doña Martina Vilvado y Balverde presented herself to church and crown officials to denounce her husband of more than four years, Don Antonio Yta, as a “woman in disguise.” Forced to submit to a medical inspection that revealed a woman’s body, Don Antonio confessed to having been María Yta, but continued to assert his maleness and claimed to have a functional “member” that appeared, he said, when necessary.Passing to América is at once a historical biography and an in-depth examination of the sex/gender complex in an era before “gender” had been divorced from “sex.” The book presents readers with the original court docket, including Don Antonio’s extended confession, in which he tells his life story, and the equally extraordinary biographical sketch offered by Felipa Ybañez of her “son María,” both in English translation and the original Spanish. Thomas A. Abercrombie’s analysis not only grapples with how to understand the sex/gender system within the Spanish Atlantic empire at the turn of the nineteenth century but also explores what Antonio/María and contemporaries can teach us about the complexities of the relationship between sex and gender today.Passing to América brings to light a previously obscure case of gender transgression and puts Don Antonio’s life into its social and historical context in order to explore the meaning of “trans” identity in Spain and its American colonies. This accessible and intriguing study provides new insight into historical and contemporary gender construction that will interest students and scholars of gender studies and colonial Spanish literature and history.
Passing to América: Antonio (Née María) Yta’s Transgressive, Transatlantic Life in the Twilight of the Spanish Empire
by Thomas A. AbercrombieIn 1803 in the colonial South American city of La Plata, Doña Martina Vilvado y Balverde presented herself to church and crown officials to denounce her husband of more than four years, Don Antonio Yta, as a “woman in disguise.” Forced to submit to a medical inspection that revealed a woman’s body, Don Antonio confessed to having been María Yta, but continued to assert his maleness and claimed to have a functional “member” that appeared, he said, when necessary.Passing to América is at once a historical biography and an in-depth examination of the sex/gender complex in an era before “gender” had been divorced from “sex.” The book presents readers with the original court docket, including Don Antonio’s extended confession, in which he tells his life story, and the equally extraordinary biographical sketch offered by Felipa Ybañez of her “son María,” both in English translation and the original Spanish. Thomas A. Abercrombie’s analysis not only grapples with how to understand the sex/gender system within the Spanish Atlantic empire at the turn of the nineteenth century but also explores what Antonio/María and contemporaries can teach us about the complexities of the relationship between sex and gender today.Passing to América brings to light a previously obscure case of gender transgression and puts Don Antonio’s life into its social and historical context in order to explore the meaning of “trans” identity in Spain and its American colonies. This accessible and intriguing study provides new insight into historical and contemporary gender construction that will interest students and scholars of gender studies and colonial Spanish literature and history.This book is freely available in an open access edition thanks to TOME (Toward an Open Monograph Ecosystem)—a collaboration of the Association of American Universities, the Association of University Presses and the Association of Research Libraries—and the generous support of New York University. Learn more at the TOME website: openmonographs.org.
Towering Judges: A Comparative Study of Constitutional Judges (Comparative Constitutional Law and Policy)
by Rehan Abeyratne Iddo PoratIn Towering Judges: A Comparative Study of Constitutional Judges, Iddo Porat and Rehan Abeyratne lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of twenty judges from fifteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; whether towering judges, on balance, are positive or detrimental for constitutional systems; how towering judges differ from one jurisdiction to another; how political and historical developments relate to this phenomenon; and how it fits within global constitutionalism. The answers to these questions offer important insight into exactly how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favorably.
Aeronomics and Law: Fixing Anomalies
by Ruwantissa AbeyratneThis book embarks on a contemporary analysis of the interaction of economics and law relating to air transport, delving into the major issues that plague the industry. It shows how some of the thorny and frustrating issues could be approached sensibly. Among the issues discussed are the anomaly of exponential growth of air transport which makes airline profitability continue to be poor; the legislative impediments in most countries that preclude direct foreign investment in the industry; the confounding and muddled mess behind the economics of aircraft engine emissions; and the inexplicable reality that, although civil aviation is primarily meant to meet the needs of the people of the world, State regulators have upended the equation and given priority to national interests over the interests of the passenger. The book will be of interest to economists and lawyers alike who deal with air transport issues, and also to academics and students in the area of transportation as well as regulators and airlines.
Air Navigation Law
by Ruwantissa AbeyratneThe aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes; efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation.
Air Transport and Pandemic Law: Legal, Regulatory, Ethical and Economic Issues
by Ruwantissa AbeyratneThe 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.
Aviation and International Cooperation: Human and Public Policy Issues
by Ruwantissa AbeyratneThis book addresses an essential gap in the regulatory regime, which provides legislation, statements and guidelines on airlines, airports, air navigation services providers and States in the field of aviation, but is notably lacking when it comes to the rights of the airline passenger, and the average citizen who is threatened by military air strikes. It addresses subjects such as international resolutions on human rights and other human rights conventions related to aviation that impact both air transport consumers and people on the ground who are threatened by air strikes through drone attacks; disabled and obese airline passengers; compensation for delayed carriage and the denial of carriage; noise and air pollution caused by aviation and their effects on human health and wellbeing; prevention of death or injury to passengers and attendant compensatory rights; risk management; relief flights; and racial profiling. These subjects are addressed against the backdrop of real case studies that include but are not limited to instances of drone attacks, and contentious flights in the year 2014 such as MH 370, MH 17 and QZ 8501.
Aviation in the Digital Age: Legal and Regulatory Aspects
by Ruwantissa AbeyratneAll of the topics discussed in this book – from sovereignty to cybercrime, and from drones to the identification of passengers & privacy – are profoundly affected by algorithms; so are air traffic services and aeronautical communications. All of these aviation-related aspects are addressed in a 75-year-old treaty called the Chicago Convention and its Annexes, which, as this book argues, needs to be reviewed with a focus on its relevance and applicability in connection with Moore’s Law, which posits that transistors in computer microchips double in speed, power and performance every two years, while the cost of computers is halved during the same period. Firstly, in terms of traditional territorial sovereignty, we have arrived at a point where there is a concept of data sovereignty and ownership that raises issues of privacy. Data transmission becomes ambivalent in terms of territorial sovereignty, and the Westphalian model may not be the perfect answer. Whether it be the manufacture of airplanes, the transfer of data on individuals, or the transmission of aeronautical and telecommunications information – all have to be carried out in accordance with the same fundamental principle: duty of care. Against the backdrop of the relevant provisions of the Chicago Convention and its Annexes, the detailed analysis presented here covers key areas such as: megatrends; AI and international law in the digital age; blockchain and aviation; drones; aviation and telecommunications; aviation and the Internet; cybersecurity; and digital identification of passengers & privacy. In turn, the book suggests how we can best manage this transition.
Aviation Security Law
by Ruwantissa AbeyratneThe law plays a significant role in ensuring aviation security. This book addresses new and emerging threats to civil aviation; evaluates security tools now 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; and discusses applicable security treaties while providing an insight into the process of the security audits conducted by the International Civil Aviation Organization (ICAO). The book also examines issues of legal responsibility of States and individuals for terrorist acts of third parties against civil aviation and discusses from a legal perspective the latest liability Conventions adopted at ICAO. The Conclusion of the book provides an insight into the application oflegal principles through risk management.
Competition and Investment in Air Transport: Legal and Economic Issues
by Ruwantissa AbeyratneThis 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. It evaluates current trends in air transport and the direction the industry is taking in the twenty first century. There are discussions on key aspects of air transport, such as safety assurance and environmental protection, as they are impacted by competition. The rapid evolution of aerospace transport and its effect on competition in air transport is also examined. A recurring theme of the book is the influence of creative destruction and disruptive innovation on air transport. This is addressed through an in-depth study of the contentious areas of law relating to the abuse of dominant positions and state aid, as reflected in the ongoing claim by the three largest US carriers against Gulf carriers such as Emirates Airlines, Etihad and Qatar Airways. The US carriers claim that Emirates and Etihad - which operate air services into the United States by virtue of an open-skies agreement between the US and The United Arab Emirates - are using generous subsidies given to them by their g overnments to illegally capture the "legitimate" market belonging to the US carriers. These issues are clarified in the book using analyses of competition law and investment law as they apply to air transport, free-trade-agreement analogies and an open-skies case study.
Convention on International Civil Aviation: A Commentary
by Ruwantissa AbeyratneThis book is both a repertory guide to the Convention on International Civil Aviation (Chicago Convention) as well as a legal analysis of the provisions of the treaty. It traces action taken by the ICAO Assembly and the Council in the implementation of the Convention from the first ICAO Assembly in 1947 until 2012. Above all, the book offers a commentary on the functional and moral fabric of the Chicago Convention, which is not only a multilateral legal instrument that sets out basic principles of air navigation and air transport, but also serves as a moral compass that brings the people of the world together. The teleological nature of the Chicago Convention is reflected from the outset - from its Preamble which sets the tone and philosophy of the Convention - that aviation builds friendship and understanding among all people, to its technical provisions that range from rules of the air to landing at airports and customs and immigration procedures. The book effectively demonstrates the Aristotelian principle - that rules make people good by forming habits in them. Standardization, or in other words, compliance, is the driver of the Convention that keeps aviation safe, regular, efficient and economical. To that end, this book traces and details the sustained relevance of the Chicago Convention and the efforts of ICAO and the international aviation community towards keeping air transport on track and ready for its future exponential growth, both in letter and in spirit.
Law and Regulation of Aerodromes
by Ruwantissa AbeyratneThis book encapsulates in detail the principles pertaining to legal and regulatory aspects of aerodromes. As the title denotes, it discusses the various aspects of the structure and functioning of an aerodrome and the complexities involved. It focuses on the law and regulation of aerodrome certification and planning, aerodrome services, financial and economic planning, security, management and governance. The airport industry is one of the fastest growing within the aviation industry, requiring innovation and creativity in management. This in turn has called for an increased focus on advanced management programmes for airport managers and lawyers. The Airport Management Professional Accreditation Programme (AMPAP) offered worldwide by the International Civil Aviation Organization and Airports Council International, and the Angkasa Pura II Airport Management Excellence Programme of Indonesia are two such initiatives which give airport professionals a sound grounding on the principles and techniques of management and law.