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| About the Author | |
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| Foreword | |
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| Acknowledgement | |
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| List of Abbreviations and Acronyms | |
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| Introduction | |
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| Defining Aviation Safety in View of the Global Interest | |
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| The Concept of Aviation Safety | |
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| Historical Development of Aviation Safety Regulations | |
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| Renewed Importance of Aviation Safety in Contemporary Society | |
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| Aviation Safety: The Raison D'�tre of ICAO | |
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| Concluding Remarks | |
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| Regulation of Aviation Safety by Means of a Technical Safety Code | |
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| Establishment of Safety Oversight Responsibility | |
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| Responsibility of the State of Registry and/or the State of the Operator | |
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| Responsibility of States in Their Respective Territories | |
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| Critical Elements of the Safety Oversight System | |
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| Formulation of Technical Regulations | |
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| Subject Matters Addressed by SARPs | |
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| Personnel Licensing (Annex 1) | |
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| Rules of the Air (Annex 2) | |
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| Airworthiness of Aircraft (Annex 8) | |
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| Operation of Aircraft (Annex 6) | |
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| Other Annexes | |
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| Criteria for Safety Regulations: Uniformity, Reliability, and Affordability | |
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| Processes for Formulating Technical Regulations | |
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| Juridical Nature of Technical Regulations | |
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| Scope of Application of Technical Regulations | |
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| Auditing of State Compliance with Technical Regulations | |
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| Universal Safety Oversight Audit Programme | |
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| Universal Security Audit Programme | |
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| Legal Issues Arising from ICAO Audits | |
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| The Principle of Consent and the Mandatory Nature of Audits | |
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| Confidentiality and Transparency | |
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| Implications for International Law and Practice | |
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| Concluding Remarks | |
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| Protecting Aviation Safety from Military Operations | |
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| Prohibition of the Use of Weapons against Civil Aircraft in Flight | |
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| Article 3bis and Customary International Law | |
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| Reactions of ICAO to the Use of Weapons against Civil Aircraft | |
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| Freedom of Action in Times of War or National Emergency | |
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| Revisiting Article 3bis in the Context of 11 September 2001 | |
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| Coordination of Potentially Hazardous Activities to Civil Aircraft | |
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| General Relations between Civil and Military Aviation | |
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| Concluding Remarks | |
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| Strengthening Aviation Safety against Unlawful Interference | |
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| The Tokyo Convention | |
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| The Hague Convention | |
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| The Montreal Convention | |
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| The Montreal Supplementary Protocol | |
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| The MEX Convention | |
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| Addressing New and Emerging Threats after 11 September 2001 | |
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| Characterization of Crimes against the Safety of Civil Aviation | |
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| Concluding Remarks | |
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| Enhancing Aviation Safety through the Rule of Law | |
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| Safety Obligations and Fundamental Norms | |
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| Safety and Obligations Erga Omnes | |
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| Obligations towards ‘the International Community as a Whole’ | |
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| ‘The Importance of the Rights Involved’ | |
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| Concern of All States | |
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| Positive Prescriptions of Obligations Erga Omnes | |
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| Safety Obligations and Jus Cogens | |
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| Safety and ICAO'S Regulatory Function | |
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| The Legal Effect of ICAO Assembly Resolutions | |
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| Declaratory Resolutions | |
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| Interpretative Resolutions | |
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| Pre-legislative Resolutions | |
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| Directive Resolutions | |
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| Recommendatory Resolutions | |
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| Concept of Quasi-Legislation or Quasi-Law | |
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| Doctrinal and Constitutional Basis for Quasi-Law | |
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| Essence of Quasi-Law | |
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| Scope of Quasi-Law | |
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| Effect of Quasi-Law | |
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| Implementation of Quasi-Law | |
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| ICAO Enforcement and Implementation Functions | |
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| Enforcement Functions | |
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| Enforcement under Article 54(j) of the Chicago Convention | |
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| Other Enforcement Mechanisms | |
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| Implementation Functions | |
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| Implementation at the National and Regional Level | |
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| Implementation in National Law in General | |
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| Monism | |
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| Dualism | |
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| Sui Generis Approach | |
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| Regional Implementation | |
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| Global Ramifications of National and Regional Initiatives | |
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| Reverted Monism? | |
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| Checks and Balance under the Rule of Law | |
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| Checks and Balances in ICAO Quasi-Judicial Activities | |
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| Checks and Balances of ICAO Quasi-Legislative Activities | |
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| Concluding Remarks | |
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| General Conclusions | |
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| Selected Bibliography | |
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| Index | |