1st Edition

Aviation Law and Governance Navigating Global Challenges and Conflicts

Edited By Jędrzej Górski, Yun Zhao Copyright 2025
444 Pages 11 B/W Illustrations
by Routledge

444 Pages 11 B/W Illustrations
by Routledge

444 Pages 11 B/W Illustrations
by Routledge

Exploring the intricate relationship between law, economics, and global politics, this book examines the regulatory environment of the aviation industry. Tracing the historical development of aviation law, the book has a particular focus on how economic polycentrism and the liberal international economic order have influenced the sector's regulatory framework. It discusses the aviation... Read more

1. Introduction: Challenges to Aviation Global Regulatory Milieu in the Geoeconomic and Long-History Context

Jędrzej Górski and Yun Zhao

 

PART I: Dispute Resolution for Civil Aviation

 

2. Arbitration of International Commercial Aviation Disputes: Past, Present, And Future

Rinat Gareev and Aleksandra Kasatkina

 

3. Pursuing the Pattern: Navigating Intergovernmental Trends in International Commercial Aviation Arbitration

Ish Jain

 

4. Isn't It Time to Shift to Online Dispute Resolution (ODR) for Passenger Claims in Europe?

Delphine Defossez

 

5. International Business Courts as a Forum for Adjudicating Private Aviation Disputes: The Opportunities and the Challenges

Yehya Ikram Ibrahim Badr

 

6. Legal Order Under Private International Air Law Conventions in China's Judicial Practice

Luping Zhang

 

7. Negotiate-Arbitrate Regulation of Airport Services in Australia: Has It failed?

Margaret Arblaster

 

8. International Airspace Disputes as 'Justiciable' Proxies for (Geo)Political Disputes

Anh Nguyen

 

 

PART II: Selective Study of Substantive Issues in Civil Aviation Disputes

 

9. Actual and Contractual Carriers: The Blurring of Lines or Glaring Distinctions?

Ish Jain

 

10. The Recognition of Taxes Under Article 15 of the Chicago Convention

Di Mei

 

11. Compensation in Case of Delay – Is Article 19 Montreal Convention the Exclusive Remedy?

Elmar M. Giemulla

 

12. Southern Johor Airspace Dispute: A Discussion

Ish Jain

 

13. Development and Competition of Airports in the Greater Bay Area

Yui-yip Lau, Guo Wan Ting, Zhuang Yang, and Guan Jieqi

 

 

PART III: Resolving Civil Aviation Disputes in Pandemic or Emergency Situations

 

14. Re-Delivery of Aircraft Objects in Airline Insolvency and the Cape Town Convention

Vince Eng Teong SEE

 

15. Air Passenger Rights in the EU and Associated Problems During the Pandemic

Michael Chatzipanagiotis

 

16. State Aid to Aviation at the Time of COVID-19: The Developing Case Law of the General Court of the European Union

Michele Giannino

 

17. The Application of the EU State Aid Rules in the Airline Industry Before and After the Covid-19 Pandemic

Andrea Trimarchi

 

18. Unmanned Aircraft Systems in the COVID Era and Beyond: Regulatory Aspects of Safety and Brief Hints on Third-Party Liability and Data Protection with a View on Future Scenarios of Urban Air Mobility

Francesco Gaspari and Giuseppina Agata Di Guardo

 

19. Russo-Ukrainian War - Impact on and Implications for the Civil Aviation

Volodymyr Bilotkach

 

Biography

Jędrzej Górski, MJur (Warsaw), PhD (CUHK) is an independent consultant in international trade, infrastructure, and government procurement policy and regulation. He has a diverse background in consultancy and research, also covering development finance, and the regulatory aspects of infrastructure and energy sectors. Dr. Górski conducted research at institutions, including the Chinese University of Hong Kong, Melbourne Law School, UCL Australia, and City University of Hong Kong. He also has prior experience with CMS Cameron McKenna LLP in Warsaw. His academic contributions include several co-edited volumes on international economic law and political economy, regional integration, as well as social license and energy transitions.

Yun Zhao, LLB, LLM (China University of Political Science and Law), LLM (Leiden University, the Netherlands), PhD (Erasmus University Rotterdam). Prof. Zhao is Henry Cheng Professor in International Law of Faculty of Law at the University of Hong Kong. He is currently Representative of Regional Office for Asia and the Pacific (ROAP) of the Hague Conference on Private International Law (HCCH). He is Standing Council Member of the Chinese Society of International Law and of the Chinese Society of Private International Law, Council Member of Chinese Law Society, and Chair Professor at Xiamen University. He has published widely on various topics, including space law and dispute resolution.