Global Governance of Civil Aviation Safety (Paperback, 1)

CHAPTER I? THE INTERNATIONAL LEGAL REGIME FOR ENSURING STATE COMPLIANCE WITH SARPs

Introduction

1.1. Evolution of Public International Aviation law

1.1.1. The International Air Navigation Conference, Paris 1910

1.1.2 The Convention Relating to the Regulation of Aerial Navigation, 1919

1.1.3 The Chicago Convention of 1944

1.1.3.1 Conventional consensus on states’ air space sovereignty

1.1.3.2 Limits on complete and exclusive state sovereignty over airspace

1.2. The International Civil Aviation Organization (ICAO)

1.2.1. The Norm-Setting capacity of the ICAO Council as an executive committee

1.3.1 Integration of Standards and Recommended Practices (SARPS) into national Law

1.3.1.1 The concept of state obligation derived from the Chicago Convention (1944)

1.3.1.2 Binding effect of SARPs

1.3.1.2.1 State obligations to comply with SARPs based on customary international law

1.3.1.2.2 State obligation to comply with SARPs from the perspective of human rights; the right to life

1.3.1.3 Oversight responsibility of contracting states

1.4.1. The effectiveness of traditional international legal norms in ensuring state compliance with SARPs

1.4.1.1 Limits of customary international law in ensuring state compliance with SARPs

1.4.1.2 Changing the concept of state sovereignty in international law

1.4.1.3 The role of soft law

2.1.1 Chicago bilateral system

2.1.2 Air transport liberalisation and the General Agreement on Trade in Services (GATS)

2.1.3 Liberalised Air Transport

2.1.3.1 IATA’s position on air transport liberalisation

2.1.3.2 ICAO’s position on air transport liberalisation

2.1.4 Air transport liberalisation and safety

2.1.5 Determining air transport as a "normal" industry subject to free-market or public utility with the public interest

2.2.1 Deregulation in the United States: Open Skies Agreements

2.2.2 Deregulation in the European air transport market

2.2.2.1 Single aviation market

2.2.2.2 Single European Sky

2.2.2.3 Open skies agreement between the European Union and the United States

2.2.3 Deregulation around the world

2.2.3.1 Asia?Pacific

2.2.3.2 Latin America

2.2.3.3 Africa

2.2.3.4 Middle East

2.3.1 Code-share agreements

2.3.2 Operating with foreign-registered aircraft

2.3.3 Operating with a foreign flight crew

2.3.4 The problem of a ‘flag of convenience’ for aircraft

2.3.5 Off-shore operations

2.3.6 Mergers and acquisitions

2.3.7 Outsourcing of activities affecting aircraft operations

2.4.1 Air passenger market growth and emerging markets

2.4.2 Emerging air transport markets and safety-related issues

3.1.1 States’ role in global governance

3.1.2 The emerging complexity of the international civil aviation law

3.2.1 The concept of state sovereignty in the global governance of aviation safety

3.2.2 The question of legitimacy

3.2.3 Administrative character of global aviation safety governance

3.3.1 ICAO: Shifting from an international organisation to a global regulatory body

3.3.2 The global supervisory role of ICAO in the global governance of aviation safety

3.3.2.1 Safety Oversight Programme (SOP)

3.3.2.2 Universal Safety Oversight Audit Programme (USOAP)

3.3.2.3 Continuous Monitoring Approach (CMA)

3.3.2.4 Global Aviation Safety Plan (GASP)

3.3.2.5 Safety Management Manual (SMM)

3.3.2.6 Global Aviation Safety Roadmap

3.3.2.7 Funding programmes to enhance aviation safety

3.3.2.8 Global Aviation Training (GAT)

3.3.2.9 No Country Left Behind (NCLB)

3.3.2.10 Council Aviation Recovery Taskforce (CART)

3.3.3 Administrative law principles in the global governance of aviation safety

3.3.3.1 Participation of stakeholders in the global governance of aviation safety

3.3.3.2 State participation and continuity in the decision-making process of international aviation safety standards

3.3.2.1.2 Participation of all other stakeholders in the decision-making process of aviation safety standards

3.3.2.2 Transparency

3.3.2.3 The right to review

3.3.2.4 The notion of publicness for aviation safety

4.1.1 Lack of precedent in application of SARPs in domestic courts

4.1.2 The impact of the state’s political interest on domestic courts

4.2. The changing role of national courts

4.2.1 The impact of globalisation on the application of international law by national courts

4.2.2 The impact of human rights standards on the role of national courts

4.3.1 Securing the rule of law in the global governance of aviation safety

4.3.2 Universal values v. territoriality

4.3.3 Global regulatory body v. external authority

4.3.4 The publicness character of civil aviation safety