This book indicates the shortcomings of the current international legal system and customary international norms that govern international aviation law to comply with contemporary air transport market realities. As the air transport market develops globally, the safety regime of civil aviation should also be governed and applied globally. In this book, the author departs from current international legal norms to examine the emerging legal field of global administrative law. Through that lens, the possibility of reconstructing the set of legal mechanisms that govern domestic and international administrative interaction in the global field of aviation safety is explored. This book demonstrates that a legal system is never complete but always develops in tandem with changing needs, i.e. the participation of the affected parties.
Exploring the principles of GAL theory contributes to addressing the contemporary legal issues relating to state compliance with international aviation safety standards that would otherwise not be covered by customary international law. In particular, the principles of GAL theory regarding global governance and the ‘public’ character of global regulations, the role of individuals and states in global governance, and state sovereignty are considered valuable contributions to contemporary global aviation safety issues in practice.
It is asserted in this book that proper checks and balances in global aviation safety can be improved by making these accessible to individuals by way of national courts. Finally, establishing public awareness of global aviation safety standards will eventually create greater pressure on states to implement and enforce them.
This book is in an area increasing academic and research interest of practitioners of public international aviation law, global administrative law, global governance, and global aviation safety, global air transport market regulations.
CHAPTER I– THE INTERNATIONAL LEGAL REGIME FOR ENSURING STATE COMPLIANCE WITH SARPs
Introduction
1.1. Evolution of Public International Aviation law
1.1.1. The International Air Navigation Conference, Paris 1910
1.1.2 The Convention Relating to the Regulation of Aerial Navigation, 1919
1.1.3 The Chicago Convention of 1944
1.1.3.1 Conventional consensus on states’ air space sovereignty
1.1.3.2 Limits on complete and exclusive state sovereignty over airspace
1.2. The International Civil Aviation Organization (ICAO)
1.2.1. The Norm-Setting capacity of the ICAO Council as an executive committee
1.3 Standards and Recommended Practices (SARPs)
1.3.1 Integration of Standards and Recommended Practices (SARPS) into national Law
1.3.1.1 The concept of state obligation derived from the Chicago Convention (1944)
1.3.1.2 Binding effect of SARPs
1.3.1.2.1 State obligations to comply with SARPs based on customary international law
1.3.1.2.2 State obligation to comply with SARPs from the perspective of human rights; the right to life
1.3.1.3 Oversight responsibility of contracting states
1.4 The problem of ensuring state compliance with SARPs
1.4.1. The effectiveness of traditional international legal norms in ensuring state compliance with SARPs
1.4.1.1 Limits of customary international law in ensuring state compliance with SARPs
1.4.1.2 Changing the concept of state sovereignty in international law
1.4.1.3 The role of soft law
CHAPTER II– THE IMPACTS OF GLOBALIZATION ON CIVIL AVIATION SAFETY
Introduction
2.1 Air transport liberalisation
2.1.1 Chicago bilateral system
2.1.2 Air transport liberalisation and the General Agreement on Trade in Services (GATS)
2.1.3 Liberalised Air Transport
2.1.3.1 IATA’s position on air transport liberalisation
2.1.3.2 ICAO’s position on air transport liberalisation
2.1.4 Air transport liberalisation and safety
2.1.5 Determining air transport as a "normal" industry subject to free-market or public utility with the public interest
2.2. Deregulation of air transport
2.2.1 Deregulation in the United States: Open Skies Agreements
2.2.2 Deregulation in the European air transport market
2.2.2.1 Single aviation market
2.2.2.2 Single European Sky
2.2.2.3 Open skies agreement between the European Union and the United States
2.2.3 Deregulation around the world
2.2.3.1 Asia–Pacific
2.2.3.2 Latin America
2.2.3.3 Africa
2.2.3.4 Middle East
2.3 Liberalised air transport market practices and their impacts on aviation safety
2.3.1 Code-share agreements
2.3.2 Operating with foreign-registered aircraft
2.3.3 Operating with a foreign flight crew
2.3.4 The problem of a ‘flag of convenience’ for aircraft
2.3.5 Off-shore operations
2.3.6 Mergers and acquisitions
2.3.7 Outsourcing of activities affecting aircraft operations
2.4. Air transport market liberalisation in emerging markets and related safety risks
2.4.1 Air passenger market growth and emerging markets
2.4.2 Emerging air transport markets and safety-related issues
2.5 The impact of Covid 19 pandemic on global air transport and related global aviation safety risks
CHAPTER III – ADMINISTRATIVE LAW TYPE OF MECHANISMS FOR THE GLOBAL GOVERNANCE OF CIVIL AVIATION SAFETY
Introduction
3.1 The complexity of increasing global governance in the international legal order
3.1.1 States’ role in global governance
3.1.2 The emerging complexity of the international civil aviation law
3.2 Administrative law for global governance in the aviation safety realm
3.2.1 The concept of state sovereignty in the global governance of aviation safety
3.2.2 The question of legitimacy
3.2.3 Administrative character of global aviation safety governance
3.3. Global governance of aviation safety within the administrative structure of Global Administrative Law (GAL) theory
3.3.1 ICAO: Shifting from an international organisation to a global regulatory body
3.3.2 The global supervisory role of ICAO in the global governance of aviation safety
3.3.2.1 Safety Oversight Programme (SOP)
3.3.2.2 Universal Safety Oversight Audit Programme (USOAP)
3.3.2.3 Continuous Monitoring Approach (CMA)
3.3.2.4 Global Aviation Safety Plan (GASP)
3.3.2.5 Safety Management Manual (SMM)
3.3.2.6 Global Aviation Safety Roadmap
3.3.2.7 Funding programmes to enhance aviation safety
3.3.2.8 Global Aviation Training (GAT)
3.3.2.9 No Country Left Behind (NCLB)
3.3.2.10 Council Aviation Recovery Taskforce (CART)
3.3.3 Administrative law principles in the global governance of aviation safety
3.3.3.1 Participation of stakeholders in the global governance of aviation safety
3.3.3.2 State participation and continuity in the decision-making process of international aviation safety standards
3.3.2.1.2 Participation of all other stakeholders in the decision-making process of aviation safety standards
3.3.2.2 Transparency
3.3.2.3 The right to review
3.3.2.4 The notion of publicness for aviation safety
CHAPTER IV- THE APPLICATION OF GLOBAL AVIATION SAFETY-RELATED STANDARDS IN SARPs IN NATIONAL COURTS
Introduction
4.1 Current international legal system for civil aviation safety-related regulations (SARPs) in domestic courts
4.1.1 Lack of precedent in application of SARPs in domestic courts
4.1.2 The impact of the state’s political interest on domestic courts
4.2. The changing role of national courts
4.2.1 The impact of globalisation on the application of international law by national courts
4.2.2 The impact of human rights standards on the role of national courts
4.3 Global aviation safety standards in national courts
4.3.1 Securing the rule of law in the global governance of aviation safety
4.3.2 Universal values v. territoriality
4.3.3 Global regulatory body v. external authority
4.3.4 The publicness character of civil aviation safety
4.4 Looking ahead; Global judicial cooperation in global aviation safety
Biography
Nilgun Ozgur observed the individuals' remoteness in the state compliance system with civil aviation safety-related standards in the current international legal system. Rather than simply critiquing the current international legal system, the book contains an innovative approach and an analysis of alternative theories that address administrative law type mechanisms that would apply to govern global civil aviation safety.
The author is a dedicated legal profession to ensure the rule of law that promotes democracy and protects human rights is applied. She believes that gaining a perspective from life experience is essential for an author.
She has the experience of challenging where the governmental authority fails to apply the rule of law in its administrative decision that affects individuals' lives. As a woman with a legal profession, she has challenged the government's administrative decision to refuse health insurance coverage (IVF) treatment while working for the government. After seven years of legal debate, in 2003, she won the case, which led to a change law in Turkey that has affected many families' lives.
She has held administrative positions in a multinational and national work environment. Between 2006-2009 she had worked as a chief legal advisor for the Turkish Civil Aviation Authority, attended high level national and international administrative meetings and steered the legal department work internally. Her professional work experience in the national civil aviation administration led her to develop ideas and guided her academic research.
She has law degrees from respectful law schools from different countries and legal systems, which indicates knowledge of various legal systems, which improved her confidence in intercultural skills. She did his first law degree in LLB in Turkey. Afterwards, she obtained her LL.M. degrees in New York, USA, where she gained distinction. Finally, she received her PhD in Global Governance of Civil Aviation Safety at Kingston University, London, the United Kingdom, in 2020.
Dr Nilgun Ozgur is currently a visiting researcher at Leiden University Law School, International Air and Space Law Institute, in the Netherlands.
There is no room for doubt that it should adorn any worthwhile library of a student and a practitioner of aviation law as it’s objective and general principles can be applied to the SARPs of all nineteen Annexes to the Chicago Convention. In that context, as a work of creativity in the interpretation of legislative and regulatory philosophy, it is significant in value.
Ruwantissa Abeyratne, Aviation Strategies International
The book is certainly an excellent addition to the existing air law and public international law literature........ the author did a great job in taking a very original and innovative point of view in discussing the subject matter in the light of globalisation, administrative law, and human rights law
Dr Andrea Trimarchi
