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Title: International air transport law at the dawn of the 21st century : a critical view with reference to Jordan
Author: Majali, H. A.
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 1999
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This thesis presents an analytic review of the development of the Public International Law relating to international civil aviation. It introduces the different regulatory approaches that apply in this field, the multilateral process that creates an international air transport treaty, the bilateral process based on case by case negotiations between two states which desire to conclude air service agreement; and finally how regional economic blocks negotiate their air transport affairs as a group not as individual states. All these regulatory procedures are based on the principle of the sovereignty of state over airspace above its territory. This principle has been recognised since the first Paris Conference of 1910 and is now enshrined in the Chicago Convention of 1944. States rely on this principle to exercise the sovereign rights in their airspace or to negotiate traffic rights with other partners. Important rights and privileges result from such principle, for example, the right of the territorial state to protect its airspace in the case of an aerial intruder. Certain questions may present itself here; how states use this principle, which regulatory form is preferred and why? and what is the future of such regulations? Then the thesis conducts a detailed study of the state air transport policy and its influence on the development of international air transport. This policy is affected by economic and commercial factors, by politics, military, safety, environmental and other considerations. Economic profit is very significant issue here because an airline must profit from its functions otherwise it will be very difficult to finance its operations. Airline business today is heavily biased to the philosophy that air transport is a necessary service for all people and such service must have an international context. This may be obstructed by different principles of international air transport regulations, that require nationality clauses for operated aircraft as well as substantial ownership. Therefore, airlines have adopted economic practices to overrule such severe requirements. Then a complete analysis of the main provisions of globalisation process will be presented, for instance, alliances, mergers, take-overs, code-sharing and franchise practices. How do airlines frame their practices to reach the goal of globalisation? Do they violate basic rules by such practices?
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available