Antwerpen Cross-Border Provision of Air Navigation Services with Specific Reference to Europe

Safeguarding Transparent Lines of Responsibility and Liability
Erscheinungsjahr 2008
ISBN: 978-90-411-4621-2
Verlag: Wolters Kluwer
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 306 Seiten, Web PDF

Reihe: Aviation Law and Policy Series

Cross-Border Provision of Air Navigation Services with Specific

Reference to Europe Safeguarding Transparent Lines of Responsibility and

Liability By Niels van Antwerpen The tremendous flow of air traffic traversing

the airspace of the European Union demands extraordinary vigilance on the part

of air navigation service providers. Although the first requirement of air

navigation services is obviously the enhancement of safety, providers must

also attend to the efficiency and optimisation of airspace capacity and the

minimisation of air traffic delays. As technological and operational

improvements proceed in these areas, jurisdictional issues of responsibility

and liability—particularly in cases of mid-air collisions—become ever sharper

and more in need of precise definition.

This detailed and insightful exposition focuses on these issues from three

overlapping perspectives: the international and European legal framework

dealing with air navigation services, the question of state responsibility,

and the question of liability for damage inflicted by air navigation service

providers. The author’s in-depth analysis includes examination of many

elements, among them the following:

• the interrelated roles of the International Civil Aviation Organization

(ICAO), the European Civil Aviation Conference (ECAC), the European

Organisation for the Safety of Air Navigation (EUROCONTROL), the European

Community’s European Aviation Safety Agency (EASA), and other international

bodies;

• the Single European Sky initiative, its establishment of Functional Airspace

Blocks (FUAs), and its ongoing research program (SESAR);

• establishment of transparant lines of state responsibility in the context of

cross-border provision of air navigation services; and

• prospects for the imposition of a transparant liability regime on

corporatised air navigation service providers.

In conclusion, the author enumerates the essential elements required for

cross-border provision of air navigation services and offers well-thought-out

final recommendations and conclusions on the most preferable way to pursue

such cross-border provision within and outside the European Community. A model

agreement for the delegation of air navigation service provision appears as an

appendix. All professionals concerned with air navigation, in Europe and

elsewhere, will appreciate the depth of knowledge and commitment apparent in

this book. The deeply informed insights manifest in its pages will be of

enormous value to aviation agency officials and air law practitioners

everywhere.

Autoren/Hrsg.

Antwerpen, Niels van

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht