This book indicates the shortcomings of the current international legal system and customary international norms that govern international aviation law to comply with contemporary air transport market realities. As the air transport market develops globally, the safety regime of civil aviation should also be governed and applied globally. In this book, the author departs from current international legal norms to examine the emerging legal field of global administrative law. Through that lens, the possibility of reconstructing the set of legal mechanisms that govern domestic and international administrative interaction in the global field of aviation safety is explored. This book demonstrates that a legal system is never complete but always develops in tandem with changing needs, i.e. the participation of the affected parties.
Exploring the principles of GAL theory contributes to addressing the contemporary legal issues relating to state compliance with international aviation safety standards that would otherwise not be covered by customary international law. In particular, the principles of GAL theory regarding global governance and the ‘public’ character of global regulations, the role of individuals and states in global governance, and state sovereignty are considered valuable contributions to contemporary global aviation safety issues in practice.
It is asserted in this book that proper checks and balances in global aviation safety can be improved by making these accessible to individuals by way of national courts. Finally, establishing public awareness of global aviation safety standards will eventually create greater pressure on states to implement and enforce them.
This book is in an area increasing academic and research interest of practitioners of public international aviation law, global administrative law, global governance, and global aviation safety, global air transport market regulations.
Author(s): Nilgun Ozgur
Publisher: Routledge
Year: 2022
Language: English
Pages: 285
City: London
Cover
Half Title
Title Page
Copyright Page
Dedication
Table of Contents
Preface
Overview of the book
Acknowledgements
Abbreviations
Chapter I The international legal regime for ensuring state compliance with SARPs
Introduction
Evolution of public international aviation law
International Civil Aviation Organization (ICAO)
Standards and Recommended Practices (SARPs)
The problem of ensuring state compliance with SARPs
Chapter II The impacts of globalisation on civil aviation safety
Introduction
Air transport liberalisation
Deregulation of air transport
Liberalised air transport market practices and their impacts on aviation safety
Air transport market liberalisation in emerging markets and related safety risks
Impact of the COVID-19 pandemic on global air transport and related global aviation safety risks
Chapter III Administrative law type of mechanisms for the global governance of civil aviation safety
Introduction
The complexity of increasing global governance in the international legal order
Administrative law for global governance in the civil aviation safety realm
Global governance of aviation safety within the administrative structure of GAL theory
Chapter IV The application of global aviation safety-related standards in SARPs in national courts
Introduction
Current international legal system for civil aviation safety-related regulations (SARPs) in domestic courts
The changing role of national courts
Global aviation safety standards in national courts
Looking ahead: global judicial cooperation in global aviation safety
Conclusion
Bibliography
Index