Read e-book online Aeronomics and Law: Fixing Anomalies PDF

By Ruwantissa Abeyratne

ISBN-10: 3642289444

ISBN-13: 9783642289446

ISBN-10: 3642289452

ISBN-13: 9783642289453

This ebook embarks on a latest research of the interplay of economics and legislations in terms of air delivery, delving into the main matters that plague the undefined. It exhibits how many of the thorny and challenging matters might be approached sensibly. one of the concerns mentioned are the ambiguity of exponential development of air delivery which makes airline profitability stay negative; the legislative impediments in so much nations that prevent direct international funding within the undefined; the confounding and muddled mess at the back of the economics of plane engine emissions; and the inexplicable fact that, even if civil aviation is basically intended to fulfill the desires of the folk of the realm, nation regulators have upended the equation and given precedence to nationwide pursuits over the pursuits of the passenger. The publication might be of curiosity to economists and attorneys alike who care for air delivery concerns, and likewise to lecturers and scholars within the zone of transportation in addition to regulators and airlines.

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The concept of sovereignty should be applied to issues of State and should not be used as a tool to control markets. Nationality of Aircraft Closely linked to the subjects of ownership and control of airlines and investment is the issue of nationality of aircraft. There is no specific requirement for registration of aircraft in terms of statutory provision. 54 However, it must be noted that the International Law Association, (ILA) at its conference held in Helsinki in 1966 observed that: First of all, it seems clear that every aircraft, in order to engage in international air navigation under the terms of the (Chicago) Convention must be registered, even though the Convention may not be entirely specific on the subject.

41 Article 304 of NAFTA precludes any Party from setting arbitrary and self imposed standards and duties pertaining to customs. 43 This principle endorses and confirms the most-favoured-nation treatment principle of GATT. Another significant provision in NAFTA is Article 1406 which requires each Party to accord to investors of another Party, financial institutions of another Party, investments of investors in financial institutions and cross-border financial service providers of another Party treatment no less favourable than that it accords to the investors, financial institutions, investments of investors in financial institutions and cross-border financial service providers of any other Party or of a non Party in like circumstances.

46 A critical factor in the role of FDI in air transport is its importance to developing States. In the context of Africa, some of Asia and South America, there could be numerous obstacles that could preclude the optimization of host country policies unless external action is brought to bear that could maximize FDI and minimize costs. 47 From the foregoing discussion it is clear that FDI offers considerable protection to the investor as well as increased opportunity to the air transport industry to serve its consumer better and more efficiently.

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Aeronomics and Law: Fixing Anomalies by Ruwantissa Abeyratne


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