Civil Aviation has become a public utility service. SALVATORE TOMASINO I} Although civil aviation has enjoyed unflagging public interest since its birth in 1919, and even before that date, the factors governing the development of civil aviation are nevertheless not widely known. This applies not so much to technical development as to the political and economic considerations which ultimately determine the pattern of the worldwide network of air routes. Whereas, prior to World War II, civil aviation was regarded mainly as an instrument for political penetration, with perhaps the Netherlands and its K.L.M.2) as a striking exception, since 1945 civil aviation has come to be judged more on its own merits, though it has remained primarily a government matter. The political, strategic, economic, financial and social aspeCts of civil aviation together constitute a field which, particularly since World War II, has come to form the subject-matter of a more or less independent branch of foreign policy, designated 'by the term "international civil aviation policy". In spite of the dominating factors of national prestige and later of economic nationalism, States have nevertheless directly and indirectly taken upon themselves a number of obligations in the international field, thereby giving civil aviation an international legal basis.

This book provides an introduction to, and demystification of, the private and public dimensions of international aviation law. The air transport industry is not governed by a discrete area of the law but rather by a series of disparate transnational regulatory instruments. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.

"This book offers a compact - yet exhaustive - and easily comprehensible reference book that deals with the most general aspects of international air law, as well as with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). Specialized legal literature dealing with different aspects of international air law is rare, the developments often overtake the existing writings and there is a continuous need not only for updating but also for future-oriented thinking. This book cannot fail to be of importance to anyone interested in international air law."--Jacket.

"Air Law and Policy" addresses cutting-edge issues in aviation through the interpretation of provisions of the Convention on International Civil Aviation signed at Chicago on 7 December 1944. Among the issues legally analysed are sovereignty in air space, the distinct status and functions of civil and state aircraft, competition in air transport and current trends in facilitation and security. It also examines the various nuances of language used in the Chicago Convention while addressing key issues that spring up with the application of the convention. The status of the International Civil Aviation Organization, the relevance to the organizationas work of crises such as SARS, avian flu and third-party war risk insurance as well as issues with regard to the liberalization of air transport and E-ticketing are some subjects discussed. There is also a discussion on the proposed open skies dialogue between Europe and the United States and competition in air transport. Finally certain fields of space law as they impact air law and policy, such as space tourism, suborbital flights and the provision of air navigation services through satellite networks are discussed.

to his suggestions for corrective action at government level, will naturally vary according to the interests of each government in upholding the ap proach it regards as consistent with its own basic interests and those of its international airline. I commend this book as a most valuable treatment of the subjects which are of concern not only to the academic student but also to those engaged in the study and application of international civil aviation agreements in governments and airlines. It would be fitting if it enjoys, as it should, wide circulation amongst such students and practicioners. Sir Donald Anderson Director-General of Civil Aviation Melbourne, Australia. April, 1970. TABLE OF CONTENTS LIST OF ABBREVIATIONS XI CHAPTER ONE I. The Technique of government 1 II. International civil aviation regulation 4 III. National vs international approach 9 CHAPTER Two I. International control of the air traffic market 17 II. Freedom classification and traffic data 22 III. The air traffic market and the exchange of routes and traffic rights 28 IV. The sixth freedom issue 32 V. Route specification 40 VI. Equal opportunity 46 CHAPTER THREE I. Non-scheduled and scheduled air carriers 51 II. All-cargo services 59 III. Inclusive tour traffic 63 IV. Non-inclusive tour (affinity) charter traffic 72 V. Traffic rights for charter carriers 79 CHAPTER FOUR I. Cooperative arrangements 104 II. Aircraft lease agreements in international air transp- tation 114 III. Affiliation between air carriers 120 IV.