Aeronomics and Law: Fixing Anomalies by Ruwantissa Abeyratne

By Ruwantissa Abeyratne

This publication embarks on a modern research of the interplay of economics and legislations in relation to air shipping, delving into the foremost concerns that plague the undefined. It indicates how a number of the thorny and tricky matters might be approached sensibly. one of the matters mentioned are the paradox of exponential progress of air delivery which makes airline profitability remain bad; the legislative impediments in so much international locations that restrict direct overseas funding within the undefined; the confounding and muddled mess at the back of the economics of plane engine emissions; and the inexplicable truth that, even supposing civil aviation is basically intended to fulfill the wishes of the folk of the realm, country regulators have upended the equation and given precedence to nationwide pursuits over the pursuits of the passenger. The publication should be of curiosity to economists and attorneys alike who take care of air delivery concerns, and likewise to lecturers and scholars within the zone of transportation in addition to regulators and airlines.

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34 Mihaly v. Sri Lanka, 17 ICSID Review-FILJ (2002) 142, para. 61. 26 24 Anomalies in Airline Economics in a physical sense. In the 1998 case of Felix v. Venezuela,35 where the investor acquired promissory notes issued by the host country, the Court held that while usually an investment may involve a transfer of some kind of funds or other property to the host country, it was not an inflexible rule and that funds need not be physically transferred to a host country but could be put at its disposal elsewhere.

The use of radio transmitting apparatus in the territory of the contracting State whose territory is flown over is required to be in accordance with the regulations prescribed by that State. The next provision is Article 31 which states that every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered. Article 32 a), with regard to the crew of an aircraft provides that the pilot of every aircraft and the other members of the operating crew of every aircraft engaged in international navigation will be provided with certificates of competency and licenses issued or rendered valid by the State in which the aircraft is registered.

The concept of sovereignty should be applied to issues of State and should not be used as a tool to control markets. Nationality of Aircraft Closely linked to the subjects of ownership and control of airlines and investment is the issue of nationality of aircraft. There is no specific requirement for registration of aircraft in terms of statutory provision. 54 However, it must be noted that the International Law Association, (ILA) at its conference held in Helsinki in 1966 observed that: First of all, it seems clear that every aircraft, in order to engage in international air navigation under the terms of the (Chicago) Convention must be registered, even though the Convention may not be entirely specific on the subject.

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