This book concerns the subject of illegal charters. The risks associated with illegal charters are high, and the consequences are dire and different for all the parties involved. Pilots can lose their hard-earned licenses, aircraft owners might not get paid by the insurance companies, businesses might be prosecuted and fined, customers do not get what they paid for. The worst consequence of an illegal charter is that someone gets hurt or killed. The tragic part in reading about a flight accident is the understanding that an illegal charter could have been avoided.
The present book aims to fulfil the industry’s call for greater awareness, education, and transparency. It will systematically and thoroughly investigate the application of law in a practical context of illegal charters. It engages in a comprehensive comparative study across various jurisdictions, such as the USA, Europe, Russia, Asia and the Middle East. This text considers whether the elements evidencing state practice in regulation of illegal charters are peculiar to the region and legal system. It examines how illegal charters can be prevented and undertakes the analysis of risks and consequences of illegal charters.
This is an important book that is likely to have a significant impact on existing scholarship regarding international and national aviation law and be of interest of all parties involved in aviation. This includes industry professionals, legal practitioners, academics, policy-makers, and government officials.
Part 1: LEGAL AND ILLEGAL CHARTERS: CONCEPTS AND DISTINCTIONS
Chapter 1: INTRODUCTION
Chapter 2: THE GROWING TRENDS OF ILLEGAL CHARTERS
Part 2: THE ORIGINS OF ILLEGAL CHARTERS
Chapter 3: INTERNATIONAL AVIATION LAW
Chapter 4: IMPERFECTIONS OF NATIONAL AVIATION LAWS
Part 3: THE CONSEQUENCES OF ILLEGAL CHARTERS
Chapter 5: MARKET DISTORTION
Chapter 6: LEGAL RESPONSIBILITY: FROM CIVIL TO CRIMINAL
Chapter 7: INSURANCE: THE PERILS OF DOING BUSINESS WITH ILLEGAL CHARTERS
Part 4: PREVENTING AND COMBATING ILLEGAL CHARTERS
Chapter 8: AVOIDING ILLEGAL CHARTERS AT AN INDIVIDUAL LEVEL
Chapter 9: AVOIDING ILLEGAL CHARTERS AT AN INDIVIDUAL LEVEL
Chapter 10: THE ROLE OF INTERNATIONAL AND (SOME) NATIONAL ORGANIZATIONS
Biography
Alena is a Doctor of Philosophy in International Law. She received her doctorate from the Moscow State Institute of International Relations (MGIMO University, Russia). Prior that, Alena studied international law and obtained a Master’s degree from University College London. In addition, she worked at London’s only public international law boutique and a world business organization where she focussed on foreign investment, climate change and low-carbon economy agenda. Alena has been advising private entities and States on a variety of international law issues in sectors including energy, oil and gas, construction, shipping and aviation. Her research interests more broadly include international economic law, international investment law, international aviation law, the law of the sea, diplomatic and consular law. Dr Soloveva has varieties of publications in both Russian and English focussing on international investment law and has papers published in journals such as China and WTO Review, American Journal of International Law Unbound, Moscow Journal of International Law. Dr Soloveva has also co-authored a chapter for The BRICS in the New International Legal Order on Investment (Brill Nijhoff, 2020).
