"The future evolution of civil aviation at the threshold of the 21st century will depend not only on the design of safer, bigger, energy efficient and environmentally acceptable aircraft, but in particular on the evolution of infrastructures generally described as 'air navigation systems'. This book describes the institutional and legal problems involved in the development of Future Air Navigation (CNS/ATM) Systems within the framework of the International Civil Aviation Organization"--Unedited summary from book cover.

In view of the increase in air traffic, there has been a great deal of work by the nations of the world, under the auspices of ICAO, toward developing the concept for a future air navigation infrastructure to serve worldwide civil aviation efficiency. Even though the concept is well described and implementation is beginning, only technical manuals are available to advance the systems concept. This book describes the global vision for the Future Air Navigation System (FANS) and is the first text of its kind dedicated solely to Communications Navigation, Surveillance/Air Traffic Management and the CNS/ATM systems concept. In addition to the technical issues associated with CNS/ATM, the book also examines institutional, economic, labour and Human Factors issues. It is designed as a text usable in the classroom environment in universities and aviation technical schools.

This volume discusses various institutional, legal and operational aspects related to the provision of air navigation services, taking particular consideration of the current implementation of a new generation of communications, navigation and surveillance systems for future air traffic management (CNS/ATM). The primary intent is to critically review the current mechanisms for international co-operation in this field. Particularly in Europe, many efforts have been undertaken to enhance air traffic management by harmonization and integration of national developments but many parties claim that these are still insufficient and the processes are still dominated by the individual States. Following a short description of the historical developments, the global framework of cooperation established through ICAO is described, supplemented with a description of some multilateral organizations active in the field of air traffic management on a regional basis. The basic technological and operational changes envisaged with the implementation of the Future Air Navigation Systems (FANS) are described and, based on these, related institutional and legal aspects are discussed. Particular emphasis is given to developments in Europe, where during the last four decades several initiatives for enhancing the cooperation of States could not overcome the fragmentation of the airspace. The decisions of February 1997 of the ECAC Ministers of Transport on an Institutional Strategy are reflected. One chapter is devoted to questions of liability in air traffic management which are of particular importance with regard to international cooperation.

Air law has recently grown in significance. Drawing on international and national instruments and a wealth of case law from many jurisdictions, including the International Court of Justice, this book covers the role of international law in such matters as legal consequences arising from the use of automation in civil aviation, the carriage of the elderly and disabled by air, unlawful interference with civil aviation, protection of the environment, and the legal management of aviation security. Published under the Transnational Publishers imprint.

The book constitutes a valuable guide to the implementation of the CNS/ATM system towards ensuring safe, efficient and orderly evolution of international air transport. It uses a pragmatic approach in addressing the major legal, institutional, technical, political and economic aspects underlying the Global Navigation Satellite System, which is expected to play a fundamental role in aviation safety and air navigation world-wide. The book also examines, through well-reasoned analysis and research, the various controversial and relevant issues which will dominate the system in the years to come. The author demonstrates a profound grasp of the subject-matter through a sustained absorption of technical, institutional and legal principles applying to this complex subject. This is brought to bear in the coherent structure and logical organisation of the chapters which makes the book an invaluable tool for the aviation community, scholars and national and international regulatory authorities. It will also be immensely useful for practitioners who work towards further development and implementation of the CNS/ATM system. There has been no comparable work previously published.

This book covers the evolution of satellite based Aeronautical Public Correspondence and the operational environment in which services are being offered. Followed by an examination of applicable rules, including the relevant institutions from which they emanate, attention is devoted to the effect of State Sovereignty applicable in jurisdictions such as territorial airspace, the Arctic, Antarctica, and the High Seas as well as to activities such as telecommunications, air transport, copyright protection and trade in services. Particular attention is given to the ITU Radio Regulations; ITU Sector Recommendations; ICAO Council Resolutions; International Copyright Laws; National Operational Procedures and Statutes. A presentation of the relevant Laws and Regulations currently in force is made, while the subject of Liability is analysed against the backdrop of Case Law and legal instruments in the context of both Public and Private International Law. Looking to the future, the volume discusses the influence of Convergence and the need for more appropriate Regulations. It concludes with a 'Draft Agreement on the Use of Aircraft Earth Stations for Non-Safety Purposes'.

Published in 1998. The various conventions which apply to the subject of unlawful interface with civil aviation have proved effective only to the extent of nurturing existing values of international law as they are restrictively perceived through the parameters of air law. This book examines the offence of unlawful interference with international civil aviation and analyses critically the legal and regulatory regime that applies thereto, with a view to recommending measures that are calculated to infuse a new approach to the problem. Emphasis is laid throughout the work on action which may be taken to alleviate the problem of unlawful interference. Its conclusion incorporates various steps that can be taken towards achieving this objective. The author focuses on the core of the problem which has effectively precluded significant progress into inroads that would curb the threat terrorism in aviation: the attitude of the international community. The book therefore examines in limine the fundamental role of international law in the light of the United Nationals Congress of International Public Law of March 1995, and its effect on international criminal law. It then determines the applicable principles of State sovereignty and examines the principles of State responsibility. Its main purpose is to recommend the establishment of a new philosophy of international criminal law which transcends municipal boundaries. Academic, scholarly and judicial precedent for this book is the adduced in support of this argument. The book also examines the role of International Civil Aviation Organization (ICAO) as the regulatory body responsible for civil aviation, in the context of new approaches made by the international community towards the status of ICAO in aviation security. The practical value of this work essentially lies in the legal recommendations it makes at its conclusion, which are based on existing principles of international law. It will thus be invaluable not only to international and aviation lawyers, criminal lawyers (both international and national), security professionals and teachers and students of international law, but also to aviation industry executives and regulatory agency specialists whose responsibilities impinge on or are determined by existing and evolving legal and security measures.