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Table of Contents
Preface; Contents; Chapter 1: How Not to Make Rules; 1.1 Introduction; 1.2 Cyber Terrorism; 1.2.1 Definitions and Issues; 1.2.2 Air Traffic Management Systems; 1.2.3 The ICAO Role; 1.2.4 The Work Of ICAO: Progress So Far; 1.2.5 Exhortations to ICAO by Other Entities; 1.2.5.1 IATA; 1.2.5.2 CANSO; 1.3 Leasing and Transfer of Functions; 1.3.1 Introduction; 1.3.2 Transfer of Functions; 1.3.2.1 The Process and Its Effects; 1.3.2.2 ICAO Requirements; 1.4 State Liability at International Law; 1.5 Remotely Piloted Aircraft Systems; 1.5.1 Introduction; 1.5.2 The ICAO Secretariat Study.
1.5.3 Safety as an Unexplored Issue1.5.3.1 Pilotless Aircraft; 1.5.3.2 Compliance with ICAO Standards; 1.5.3.3 Collision Avoidance; 1.5.3.4 Air Traffic Management; 1.5.3.5 Aerodrome Operations; 1.5.3.6 Meteorology; 1.5.3.7 Flights Over the High Seas; 1.6 Climate Change; 1.6.1 Climate Justice and COP 21; 1.6.1.1 Climate Justice; 1.6.1.2 The COP 21 Agreement; 1.6.2 ICAOŚ Work; 1.6.2.1 Regulatory Challenges for ICAO: Introduction; 1.6.2.2 The IAGOF Mechanism; 1.6.2.3 Concerns of States on the Text of the Draft Resolution; 1.6.2.4 The Council; Aircraft Operators.
Criteria for Emissions Units to be Purchased by Aircraft Operators1.7 A Global Law on Competition in Air Transport; 1.7.1 Introduction; 1.7.2 Competition in Air Transport; 1.7.2.1 Auctioning Air Traffic Rights; 1.7.2.2 What Can ICAO Do to Promote Competition and Liberalization of Air Transport?; A Code of Conduct; 1.8 Conclusion; References; Chapter 2: Can ICAO Make Laws or Deliver Judgments?; 2.1 Legislative Power of ICAO; 2.2 Judicial Power of ICAO; 2.3 The WTO Example of Adjudication; References; Chapter 3: How to Make Rules; 3.1 Nature of an Annex; 3.2 Can the Council Make Law and Rules?
3.3 Rulemaking in Safety Oversight3.4 Regional Safety Oversight; 3.5 The Regional Safety Oversight Manual; 3.6 Conclusion; References; Chapter 4: Principles of Rulemaking; 4.1 The United States Example; 4.2 The Rulemaking Process; 4.3 The ICAO Process; 4.4 The European Example; References; Chapter 5: Judicial Review of Rulemaking and Administrative Action; 5.1 The Aviation Perspective; 5.2 Treaty v. Regulation; 5.3 ICAO as a Generic Example; 5.4 Judicial Review of Commissions and Agencies; 5.5 Principles of Natural Justice; 5.6 Delegation in the United States and the United Kingdom.
5.7 Democracy and Administrative LawReferences; Chapter 6: Interpretation of Air Transport Rules, Treaties and Guidance Material; 6.1 Rules and Treaties; 6.1.1 Internal Rules; 6.1.2 Treaty Provisions; 6.1.3 States ́Responses to Consumer Protection Under the Warsaw and Montreal Conventions; 6.2 Guidance Material; 6.2.1 Airport Economics Manual Doc 9562; 6.2.2 ICAO Policies on Charges for Airport and Air Navigation Services: Doc 9082; 6.2.3 ICAO Policies in the Field of Taxation in Air Transport: Doc 8632; References; Chapter 7: Conclusion.
1.5.3 Safety as an Unexplored Issue1.5.3.1 Pilotless Aircraft; 1.5.3.2 Compliance with ICAO Standards; 1.5.3.3 Collision Avoidance; 1.5.3.4 Air Traffic Management; 1.5.3.5 Aerodrome Operations; 1.5.3.6 Meteorology; 1.5.3.7 Flights Over the High Seas; 1.6 Climate Change; 1.6.1 Climate Justice and COP 21; 1.6.1.1 Climate Justice; 1.6.1.2 The COP 21 Agreement; 1.6.2 ICAOŚ Work; 1.6.2.1 Regulatory Challenges for ICAO: Introduction; 1.6.2.2 The IAGOF Mechanism; 1.6.2.3 Concerns of States on the Text of the Draft Resolution; 1.6.2.4 The Council; Aircraft Operators.
Criteria for Emissions Units to be Purchased by Aircraft Operators1.7 A Global Law on Competition in Air Transport; 1.7.1 Introduction; 1.7.2 Competition in Air Transport; 1.7.2.1 Auctioning Air Traffic Rights; 1.7.2.2 What Can ICAO Do to Promote Competition and Liberalization of Air Transport?; A Code of Conduct; 1.8 Conclusion; References; Chapter 2: Can ICAO Make Laws or Deliver Judgments?; 2.1 Legislative Power of ICAO; 2.2 Judicial Power of ICAO; 2.3 The WTO Example of Adjudication; References; Chapter 3: How to Make Rules; 3.1 Nature of an Annex; 3.2 Can the Council Make Law and Rules?
3.3 Rulemaking in Safety Oversight3.4 Regional Safety Oversight; 3.5 The Regional Safety Oversight Manual; 3.6 Conclusion; References; Chapter 4: Principles of Rulemaking; 4.1 The United States Example; 4.2 The Rulemaking Process; 4.3 The ICAO Process; 4.4 The European Example; References; Chapter 5: Judicial Review of Rulemaking and Administrative Action; 5.1 The Aviation Perspective; 5.2 Treaty v. Regulation; 5.3 ICAO as a Generic Example; 5.4 Judicial Review of Commissions and Agencies; 5.5 Principles of Natural Justice; 5.6 Delegation in the United States and the United Kingdom.
5.7 Democracy and Administrative LawReferences; Chapter 6: Interpretation of Air Transport Rules, Treaties and Guidance Material; 6.1 Rules and Treaties; 6.1.1 Internal Rules; 6.1.2 Treaty Provisions; 6.1.3 States ́Responses to Consumer Protection Under the Warsaw and Montreal Conventions; 6.2 Guidance Material; 6.2.1 Airport Economics Manual Doc 9562; 6.2.2 ICAO Policies on Charges for Airport and Air Navigation Services: Doc 9082; 6.2.3 ICAO Policies in the Field of Taxation in Air Transport: Doc 8632; References; Chapter 7: Conclusion.