This volume brings together a fascinating collection of essays on air law, approached from national, European and international perspectives. These perspectives often interact, always interestingly, but not necessarily harmoniously, a theme which forms a Leitmotiv in the writings, reports and pleadings of John Balfour, to whom the volume is dedicated. Written by a diverse group of experts in the field of air law, the collection is divided into three parts: Public Air Law, EU Air Law and Private Air Law.
Preface; Sovereignty in the Sky
Lauren Payne; About John Balfour; Curriculum Vitae; List of Abbreviations;
Part A Public Air Law
1 A Substantive and Procedural Critique of the U.S. Open Skies Policy
Brian F. Havel;
2 New Rules on
Concordato Preventivo (Composition with Creditors) in Italian Law and their Repercussions on Aviation Claims
Anna Masutti;
3 The Technical Defragmentation of Air Navigation Services – The Legal Challenges of Virtualisation
Francis Schubert;
4 Taxes and Charges under the Chicago Convention
Mark Bisset;
5 Aircraft Registration: Challenges under German Law
P. Nikolai Ehlers;
6 Article 83bis (Revisited):Transfer of Safety Oversight Responsibilities Seen from a European Regulator’s Perspective
Frank Manuhutu;
7 How to Sell Tickets – IATA’s New Distribution Capability (NDC): A New Model?
Mia Wouters;
Part B EU Air Law
1 Regulatory Air Transport Developments in the European Union
Peter Haanappel;
2 Regulation 261/2004 – Passengers’ Right to Compensation in Case of Flight Delay. Looking for a Fair Balance of Interests. The Role of the Court of Justice of the EU and the Risk to Waste a Chance for Reform
Laura Pierallini;
3 Locked Out of Heaven: The Air Greenland Case and Extraordinary Circumstances
Morten Lundqvist Jakobsen and Jacob Skude Rasmussen;
4 Cooperative Agreements in the Aviation Sector and EU Competition Law
Philippe Ruttley and Solange Leandro;
5 Disproportionate Jurisprudence: The CJEU’s Approach to Proportionality in Regulation 261/2004
Alan Meneghetti and Thomas van der Wijngaart;
6 Portugal and the New Age of Discovery – Navigating the New World of Sale, Acquisition and Privatization via the Waters of Competition
Geoffrey Graham;
7 John Balfour’s Contribution to IATA Leadership in the Airline Industry
Lorne Clark;
Part C Private Air Law
1 International and National Aviation Rules Versus Consumer Protection Regulations: A Comparative Report on the Position of Latin American Countries in Relation to EU Regulation 261/2004
Elizabeth Freidenberg;
2 Aerial Conflicts of Law: An Analysis of Conflicts of Law Rules as Applied to Aircraft
Berend Crans;
3 Scratching Beneath the Surface: The Unlawful Interference Convention 2009
Michael Gill;
4 Climbing Every Mountain: A History of Change, Transition and the Rise of Consumerism
in the Airline Industry Viewed from the Insurance Perspective
Philip Chrystal;
5 Jurisdiction under and Exclusivity of Private International Air Law Agreements on Air Carrier Liability: The Case of
Airbus versus
Armavia Airlines (2013)
Pablo Mendes de Leon;
6 The Malaise Affecting the Global Uniform Effectiveness of the Montreal Convention, 1999 (MC99)
George N. Tompkins Jr. .