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Law and Regulation of Air Cargo
by Ruwantissa AbeyratneThis 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; artificial intelligence and air cargo; facilitation; carriage of hazardous goods; human remains; and animals, as well as cargo security; price fixing and anti competitive conduct in air cargo operations; liability issues; the air cargo supply chain and contract of carriage. It also discusses related achievements of the International Civil Aviation Organization; the International Air Transport Association and Airports Council International. The value of goods carried by airlines represents 7.4% of the global Gross Domestic Product. While cargo carried by air accounts for less than 1% of global cargo carriage, airlines carry 35% of the value of world trade, making this industry highly valuable and efficient, and the most reliable way to transport goods throughout the world. On average, airlines transport 52 million metric tons of goods per annum, worth an equivalent of $6.8 trillion, i.e. $18.6 billion worth of goods daily.
Legal Priorities in Air Transport
by Ruwantissa AbeyratneAgainst 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. In this regard, safety and security are of the utmost importance, both in terms of safe air navigation and the preservation of human life. Although the International Civil Aviation Organization (ICAO) addresses legal issues through its Legal Committee, many emerging issues that urgently require attention lie outside the Committee’s purview. This book analyzes in detail the items being considered by ICAO’s Legal Committee, considers the legal nature of ICAO, and discusses whether or not ICAO’s scope should be extended. Since the limited issues currently addressed by ICAO do not reflect the rapidly changing realities of air transport, the book also covers a broad range of key issues outside the parameters set by ICAO, such as: the need to teach air law to a new generation of aviation professionals; combating cyber-crime and cyber-terrorism; the regulation of artificial intelligence; traveller identification; interference with air navigation; human trafficking; unruly passengers; climate change; air carrier liability for passenger death or injury; Remotely Piloted Aircraft Systems (drones); and the cabin crew and their legal implications.
Post Pandemic Facilitation of Air Transport: LEGAL, POLITICAL AND ECONOMIC ASPECTS
by Ruwantissa AbeyratneFrom 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.
Regulation of Air Transport
by Ruwantissa AbeyratneEvery ten years ICAO holds a worldwide air transport conference. The most recent such event - the 6th Worldwide Air Transport Conference (ATConf/6) - was held in Montreal from 18 to 22 March 2013. The questions posed by this book are: are the "clerical and administrative tasks" for ICAO which were decided on by ATConf/6 (and other preceding conferences) sufficient to meet the needs of the people of the world for safe, regular, economical and efficient air transport? Should ICAO not think outside of its 67-year-old box and become a beacon to air transport regulators? In other words, shouldn't the bottom line of ICAO's meaning and purpose in the field of air transport be to analyze trends and guide the air transport industry instead of continuing to merely act as a forum for global practitioners to gather and update information on their respective countries' policies for air transport? Shouldn't ICAO provide direction, as do other agencies of the United Nations? This book addresses ICAO's inability, unlike most other specialized agencies in their missions, to make a tangible difference in air transport development, through a discussion of key issues affecting the air transport industry. It also inquires into the future of air transport regulation.
Regulation of Commercial Space Transport
by Ruwantissa AbeyratneThis book provides a look at the various nuances of the commercial aspects of space transport and offers a workable and practical legal and regulatory approach to be taken by the International Civil Aviation Organization. The book also addresses the perceived lack of wisdom in neglecting to consider the basic legal structure of a regulatory regime for commercial space transport as a first step and goes on to analyze ways and means of using the existing legal instruments pertaining to international civil aviation as an analogous system that can be moulded into a separate and cohesive set of multilateral legal instruments that could apply to commercial space transport. As expected, commercial space transport has taken off with a flourish. It is now evident that, from sub-orbital flights to mining asteroids, this industry will grow exponentially. Signs of its importance are reflected by various international conferences being convened on the subject both by academia and the international community. The only snag is the lack of a regulatory instrument or in the least a contrived approach to a definitive legal regime that would provide a structure, purpose and direction to commercial space transport. This blatant lacuna and neglect has resulted in the emergence of various theories by academics and a half hearted look at the subject by the international legal community.
Space Security Law
by Ruwantissa AbeyratneAgainst the variegated background of bewilderment and cautious optimism that space transportation offers, this book begins with an exposé on international politics, the principles of which, bear upon space transportation, as well as the closeness of air space and outer space, and activities that straddle both frontiers at the same time. It discusses current issues and possibilities of communications and transportation in outer space, as well as the liabilities and accountability of the key players of space exploration.
Strategic Issues in Air Transport: Legal, Economic and Technical Aspects
by Ruwantissa AbeyratneThere are broadly four strategic issues in aviation: safety; security; environmental protection; and sustainability in air transport. These issues will remain for a long time as key considerations in the safe, regular, efficient and economic development of air transport. Within these four broad categories come numerous subjects that require attention of the aviation industry as well as the States. In six chapters, this book engages in detailed discussions on these subjects as they unravelled in events of recent years. The issue of safety is addressed first, following an introduction of the regulatory regime covering the four issues. Within the area of safety, the book covers such areas as safety management systems, safety and aeromedicine, safety and meteorology, the use of airspace, unmanned aircraft systems and safety oversight audits. In the security area, subjects covered include cyber terrorism, the integrity of travel documents, full body scanners, civil unrest and aviation, the suppression of unlawful acts on board aircraft and the financing of terrorism. The chapter on the environment focuses mainly on climate change - particularly on carbon credits, market based measures, the carbon market and emissions trading schemes and their effect on air transport. Finally, the chapter on sustainability discusses in detail market access along with such issues as slot allocation, open skies, the use of alternative fuels as an economic measure and corporate foresight. The concluding chapter wraps up with a discussion on where air transport is headed.
Banking and Debt Recovery in Emerging Markets: The Law Reform Context (Routledge Revivals)
by Sonali AbeyratneThis title was first published in 2001. A developing country that is pursuing free market economic policies requires a modern commercial law infrastructure, which enables the emerging economy to have in place properly functioning credit and other financial systems which stimulate domestic and foreign investment. This book provides a comparative analysis of the law and practice of debt recovery in India, Sri Lanka and Malaysia, demonstrating that a suitable debt-recovery system for a developing economy requires not only good laws and judicial remedies, but also appropriate financial industry practices such as credit and loan supervision policies.
National Space Legislation for India: Proposal for a Draft Framework
by Kumar AbhijeetThis book discusses the need for national space legislation in India in the wake of private stakeholders entering the field and the expansion of outer space activities. Highlighting India’s commitment to responsibly pursuing its outer space ambitions through rule of law, the book discusses the rationale behind national space legislation and addresses the requirements of both international and domestic law. In order to suggest draft framework national space legislation for India, it examines and compares the legislations of twenty major space-faring countries to identify the best practices. One of the few scientific studies in India that proposes draft framework legislation for space activities in India, this book summarizes the three main reasons why national space legislation is necessary – to fulfill international obligations, to address India’s specific requirements and to enable non-governmental entities to participate. A must read for anyone interested in international space law and India’s role and responsibility toward it, it is a valuable resource for academics, scientists, policymakers, industry executives, lawyers and students as well as amateur space enthusiasts.
Syria: The Tragedy of a Pivotal State
by Rajendra M. AbhyankarThe book focuses, through multiple levels of international reality, on the pervasive and widespread effect of the Syrian civil war on the unravelling of established norms---both global or national--- which have determined international relations during the last seven decades. It postulates that since 2011, the Syrian situation has catalysed the breakdown of the international system based on the United Nations and the Bretton Woods institutions. The core international values fostered by that system now laid waste, among others, are sovereignty, non-interference, sanctity of UN Security Council approval for waging war, human rights, protection of civilian populations, and the right of people to choose their own governments/leaders. By making the UNSC powerless in providing humanitarian assistance or fostering cease-fire and peace-making it has called into question the principles which have been held immutable for seventy years. More importantly, these norms have been breached by their originators. The book takes a wider perspective melding together the civil war’s international, regional and national consequences to understand how and why this one event has radiated profound consequences for the international system.
Why Do Banks Fail and What to Do About It: The Role of Risk Management, Governance, Accounting, and More (Contributions to Finance and Accounting)
by Nordine Abidi Bruno Buchetti Samuele Crosetti Ixart Miquel-FloresBanks play a crucial role in the global economy, yet they are vulnerable to failures that can have catastrophic effects. Key questions arise: What causes bank failures? What drives these failures? Can we avoid a banking crisis? What happens when a bank fails?This book explores the causes, consequences, and potential prevention of banking crises. It begins by examining the fundamental roles of banks in the economic system, focusing on their intermediary functions like liquidity provision, payment management, asset transformation, and borrower oversight. The book then delves into the challenges facing the banking sector, including cyber threats, climate change, and geopolitical instabilities.The second chapter addresses the primary risks banks face, such as liquidity, credit, market, interest rate, IT, and environmental risks, and how these contribute to banking failures. Chapter three shifts focus to financial statements, contrasting those of commercial and investment banks with non-financial companies, and discusses the impact of creative accounting in recent banking collapses.Governance issues and their role in banking failures are the focus of chapter four, highlighting the crucial need for effective risk monitoring by bank directors. The final chapter illustrates the process of bank resolution and the evolving strategies of resolution authorities in ensuring bank stability. Targeted at researchers, regulators, and practitioners, this book comprehensively covers the drivers of banking failures, regulatory improvement suggestions, and real-world case studies. It emphasizes the importance of banks in today’s economy, their unique risks, and the aftermath of their failure, aiming to provide a threefold contribution to understanding and managing banking crises.
R2P and the US Intervention in Libya
by Paul Tang AbomoThis book argues that the Responsibility to Protect (R2P) the Libyan people played an important role in the U.S.’s decision to act, both in terms of how the language of deliberation was framed and the implementation of the actual intervention once all preventive means had been exhausted. While the initial ethos of the intervention followed international norms, the author argues that as the conflict continued to unfold, the Obama administration’s loss of focus and lack of political will for post-conflict resolution, as well as a wider lack of understanding of ever changing politics on the ground, resulted in Libya’s precipitation into chaos. By examining the cases of Rwanda and Darfur alongside the interventions in Kosovo, Iraq and Afghanistan, the book discusses how these cases influenced current decision-making with regards to foreign interventions and offers a triangular framework through which to understand R2P: responsibility to prevent, react and rebuild.
Public Assistance Volume 1: American Principles and Policies
by Edith AbottPUBLIC ASSISTANCE VOLUME I American Principles and Policies In Five Parts: With Select Documents
Behavioural Aspects of Auditors' Evidence Evaluation: A Belief Revision Perspective
by Magda Abou-Seada Magdy Abdel-KaderThis title was first published in 2003. Based on psychological research, auditing studies have focused on 'belief revision' as a way of understanding how auditors evaluate evidence. Moreover a belief revision process is consistent with US auditing standards. UK standards on the other hand do not appear to give guidance on the process to follow when evaluating evidence. Research in the US indicates that auditors do in fact follow a belief revision process in accordance with US standards. Employing survey research (based on personal interviews with a number of experienced UK auditors) this book demonstrates how auditors prefer to be described as following the open mind approach. Building on the findings of the interviews the book then describes an experimental study to investigate the differences between the belief revision and open mind approaches in terms of their effect on the efficiency and effectiveness of the audit process. The book concludes that the belief revision approach would improve the efficiency of the audit process without affecting its effectiveness or outcomes.
The Judiciary: Tenth Edition
by Henry J. AbrahamRevised and updated to include the latest Supreme Court decisions, this classic text, now in its tenth edition, provides a concise overview of the judiciary in general and the Supreme Court in particular. The only book available that combines theory and practice of the judicial process with civil rights and liberties, The Judiciary acquaints students with the intricacies of our courts, the people who compose them, and their relationship to other branches of government, as well as to individuals and groups.
The Therapeutic Nightmare: The battle over the world's most controversial sleeping pill (Health And The Environment Ser.)
by John Abraham Julie SheppardHow do drugs get to the market? What controls are there and what procedures for monitoring their effects? And how adequate are the regulators in protecting public health when new drugs have serious side effects? The Therapeutic Nightmare tells the story of the sleeping pill Halcion - a story which is far from over. First marketed in the 1970s, Halcion has been taken by millions of patients around the world. For many years it has been associated with serious adverse effects such as amnesia, hallucinations, aggression and, in extreme cases, homicide. Thirteen years after its first release, it was banned by the British government. It remains on sale in the United States and many other countries. This book explains why patients have come to be exposed to Halcion's risks and examines the corporate interests of the manufacturers, the professional interests of the scientists and medical researchers and the interests of patients in safe and effective medication. It reveals how these contending forces shape the regulatory decision-making process about drug safety. As the number of new drugs and health products grows, a major challenge facing regulators and the medical profession is how to put the interests of public health decisively and consistently above the commercial interests of the drugs industry, while becoming more accountable to patient and consumer organizations.
The Forms and Functions of Tort Law (Concepts and Insights Series)
by Kenneth AbrahamThe perfect accompaniment to any torts casebook, this text covers all the major cases and issues in a standard torts course. The text addresses cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. This straightforward, readable text addresses both rules and policy, and presents topics in a way that helps students effectively grapple with issues. Since each chapter stands on its own, the book is ideal as a classroom text, as well as for self-directed reading by students.
The Forms and Functions of Tort Law (second edition)
by Kenneth S. AbrahamThis book is designed to provide a concise analysis of the conceptual foundations of tort liability.
The Liability Century: Insurance and Tort Law from the Progressive Era to 9/11
by Kenneth S. AbrahamKenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001.From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance.Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand.Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
Tort Law and the Construction of Change: Studies in the Inevitability of History
by Kenneth S. Abraham G. Edward WhiteTort Law and the Construction of Change studies the interaction of law and social change in American history. Tort law—civil law made by judges, not legislators—is traditionally thought to arise out of legal precedent. But Kenneth S. Abraham and G. Edward White show that American judges over the course of the previous two centuries also paid close attention to changing societal contexts in which lawsuits for civil injuries arose. They argue that two versions of history–one grounded in the application of previous legal rules and the other responsive to larger societal changes—must be considered in tandem to grasp fully how American civil law has evolved over time.In five fascinating chapters, they cover understudied areas of tort law, such as liability for nonphysical harm—including lawsuits for defamation, privacy, emotional distress, sexual harassment, and the hacking of confidential information—and aspects of tort litigation that have now disappeared, such as the prohibition against "interested" parties testifying in civil actions or the intentional infliction of temporal damage without justification. What emerges is a picture of the complicated legal dance American judges performed to cloak their decisions to make at times radical changes in tort law in response to social transformations. When confronting established tort doctrines under pressure from emerging social changes, they found ways to preserve at least the appearance of doctrinal continuity.
Making an Impact - Children and Domestic Violence: A Reader
by Hilary Abrahams Chris Pearson Nicola Harwin Marianne HesterThis fully updated Reader provides a comprehensive review of recent research and legislation relating to domestic violence and its consequences for children, and identifies the implications for practice. It is divided into three parts. Part One describes evidence for the links between domestic violence and the concomitant abuse of children and assesses the effects on children's future well-being. Part Two is a comprehensive and accessible guide to relevant current criminal and civil legislation. Highlighting the success of multi-agency approaches, the final part details practical issues for interventions with children and their carers, male perpetrators, and, new to this edition, women. Endorsed by children's charities including the NSPCC and Barnardo's, Making an Impact enables professionals working with children to develop informed, sophisticated and collaborative child care and protection responses for children who are experiencing domestic violence.
Kennedy's Avenger: Assassination, Conspiracy, and the Forgotten Trial of Jack Ruby
by Dan Abrams David FisherNew York Times bestselling authors Dan Abrams and David Fisher bring to life the incredible story of one of America’s most publicized—and most surprising—criminal trials in history.No crime in history had more eyewitnesses. On November 24, 1963, two days after the killing of President Kennedy, a troubled nightclub owner named Jack Ruby quietly slipped into the Dallas police station and assassinated the assassin, Lee Harvey Oswald. Millions of Americans witnessed the killing on live television, and yet the event would lead to questions for years to come.It also would help to spark the conspiracy theories that have continued to resonate today.Under the long shadow cast by the assassination of America’s beloved president, few would remember the bizarre trial that followed three months later in Dallas, Texas. How exactly does one defend a man who was seen pulling the trigger in front of millions? And, more important, how did Jack Ruby, who fired point-blank into Oswald live on television, die an innocent man?Featuring a colorful cast of characters, including the nation’s most flamboyant lawyer pitted against a tough-as-Texas prosecutor, award-winning authors Dan Abrams and David Fisher unveil the astonishing details behind the first major trial of the television century. While it was Jack Ruby who appeared before the jury, it was also the city of Dallas and the American legal system being judged by the world.
Lincoln's Last Trial: The Murder Case That Propelled Him to the Presidency
by Dan Abrams David FisherThe award-winning, New York Times–bestselling chronicle of the sensational murder trial that would be the capstone of Lincoln’s legal career.In the summer of 1859, twenty-two-year-old “Peachy” Quinn Harrison went on trial for murder in Springfield, Illinois. When Harrison’s father hired Abraham Lincoln to defend him, the case took on momentous meaning. Lincoln’s debates with Senator Stephen Douglas the previous fall had transformed the little-known, self-taught lawyer into a respected politician of national prominence. As Lincoln contemplated a dark-horse run for the presidency in 1860, this case involved great risk. A loss could diminish Lincoln’s untarnished reputation. But the case also posed painful personal challenges for Lincoln. The victim had been his friend and his mentor. The accused killer, whom Lincoln would defend, was the son of a close friend and loyal supporter. And to win this trial he would have to form an unholy allegiance with a longtime enemy, a revivalist preacher he had twice run against for political office.Lincoln’s Last Trial vividly captures Lincoln’s dramatic courtroom confrontations as he fights for his client—but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, our history, and one of our greatest presidents.A Winner of the Barondess/Lincoln Award
Alabama v. King: Martin Luther King Jr. and the Criminal Trial That Launched the Civil Rights Movement
by Dan Abrams Fred D. GrayThe defense lawyer for Martin Luther King, Jr., Rosa Parks, the Selma marchers, and other civil rights heroes reveals the true story of the historic trial that made Dr. King a national hero. Fred D. Gray was just twenty-four years old when he became the defense lawyer for Dr. Martin Luther King, Jr., a young minister who had become the face of the bus boycott that had rocked the city of in Montgomery, Alabama. In this incredible history, Gray takes us behind the scenes of that landmark case, including such unforgettable moments as: *Martin Luther King's courageous response to a bomb threat on his own home*Poignant, searing testimony that exposed the South's racist systems to an worldwide audience*The conspiracy to destroy Gray's career and draft him into the Vietnam War*The unforgettable moment when a Supreme Court ruling brought the courtroom to a halt Alabama v. King captures a pivotal moment in the fight for equality, from the eyes of the lawyer who Dr. King called "the brilliant young leader who later became the chief counsel for the protest movement."
Sandra Day O'Connor: U. S. Supreme Court Justice
by Dennis AbramsFrom an early age, Sandra Day O'Connor challenged the traditional gender role assigned to women. Growing up on the Lazy B Ranch in the Southwest, she could mend a fence, ride a horse, shoot a rifle, and drive a tractor by the time she was eight years old. Though in the top 10 of her Stanford Law class--and only one of five women--O'Connor was unable to find a position at any law firm because of her sex. Undeterred, she opened her own law practice. After entering politics, she was the first female majority leader in the Arizona State Senate before becoming a justice on the U. S. Court of Appeals for the Ninth Circuit. In 1981, she ascended to the U. S. Supreme Court as the first female associate justice, appointed by President Ronald Reagan. Sandra Day O'Connor: U. S. Supreme Court Justice examines her life and the decisions she made while serving on the nation's highest court.