Emergent Commercial Trends and Aviation Safety Book

	Foreword	ix
	Preface	xi
Part I	History and Commercial Trends
1	Competition Rules in Commercial Aviation	3
	Introduction	3
	The Genesis of Air Traffic Rights	4
	Recent Trends	15
	Competition Rules in the World Trade Organization	34
2	Free Trade in Air Traffic Rights and Preferential Measures for Developing Countries	49
	Introduction	49
	The 'Open Skies' Policy	50
	Fair and Equal Opportunity to Operate Air Services	54
	Comments	63
3	Liberalized Trading in Air Transport and the 'Safety Net'	67
	Introduction	67
	Market Access	69
	The 'Safety Net'	71
	Follow-up Action	72
	The Paradigm of WTO Competition Rules	74
	Comments	83
4	Distribution of Computer Reservation Systems	87
	Introduction	87
	Computer Reservation Systems in Air Transport	88
	Regulatory Implications	89
	Other CRS Codes	92
	Legal Implications	95
	Comments	97
5	Airline Ticket Auctions on the Internet	101
	Introduction	101
	Nature of the Contract	102
	Time and Place of Contract	104
	Issues of Jurisdiction	108
	Comments	111
6	Outsourcing and the Virtual Airline	115
	Introduction	115
	Aircraft Leasing	116
	Outsourcing of Services	120
	Comments	124
7	Franchising in the Airline Industry	127
	Introduction	127
	The Nature of Franchising	129
	The Franchise Agreement	131
	Comments	133
8	The Aerospace Plane and its Implications for Commercial Air Traffic Rights	137
	Introduction	137
	The Aerospace Plane	139
	The Aerospace Plane and Air Traffic Rights	140
	Commercial Aspects	143
	Code-sharing Agreements	146
	Features of Code-sharing	148
	Comments	152
9	The Automated Screening of Passengers and the Smart Card	155
	Introduction	155
	Regulatory Provisions	156
	Legal Issues	157
	A Paradigm Regime of Liability	158
	Comments	159
Part II	Safety and Air Carrier Liability
10	Safety in International Aviation	165
	Introduction	165
	ICAO's Safety Oversight Programme	167
	Human Factors	176
	Comments	183
11	Liability for Personal Injury and Death	189
	Introduction	189
	Historical Perspectives of Tortious Liability and Fault	192
	Liability Under the Warsaw Convention	200
	Emerging Trends	223
	Comments	231
12	Air Carrier Liability for Negligent Acts of Cabin Crew Members	239
	Introduction	239
	Air Carrier Liability	241
	Conduct of the Flight Attendant Affecting the Passenger	245
	Conduct of the Flight Attendant Affecting the Pilot	248
	Wilful Misconduct	249
	Recent Developments on Compensable Limits	251
	Comments	254
13	Exposure of Air Crew to Cosmic Radiation	259
	Introduction	259
	Radiation at High Altitude	259
	Air Carrier Liability	261
	Bodily Integrity of Air Crew	263
	Safeguards and Precautions to be Taken by the Carrier	264
	Rights of the Unborn Child	265
	Comments	267
14	The Use of Civil Aircraft and Crew for Military Purposes	271
	Introduction	271
	Air Law Principles	273
	Legal Status of Civil Aircraft Under International Law	276
	Insurance Implications	277
	Legal Status of the Crew Member Under International Law	279
	Comments	283
15	Management of the Warsaw System	289
	Introduction	289
	The Warsaw System	290
	States' Initiatives to Limit Liability	293
	IATA Initiatives	294
	Assessment of the IATA Inter-carrier Agreement	298
	Regulatory Management of the Warsaw System	301
	Comments	302
16	The Millennium Bug	305
	Introduction	305
	The Aviation Industry and the Millennium Bug	307
	Legal Liabilities	308
	Comments: Action Required by the Aviation Industry	318
Part III	Conclusion
17	General Conclusion	325
	Index	333
	Index of Cases Cited	347