scholarly journals The Sources of International Air Law: Current Issues of Theory and Practice

2020 ◽  
pp. 64-90
Author(s):  
A. A. Batalov
Keyword(s):  
International Law ◽  
International Standards ◽  
Civil Aviation ◽  
International Treaties ◽  
Dangerous Goods ◽  
Technical Instructions ◽  
Safe Transport ◽  
Transport Of Dangerous Goods ◽  
Contemporary Practice ◽  
Rule Making

INTRODUCTION. Within the context of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and on the basis of the contemporary practice of States and international aviation organizations (in particular, International Civil Aviation Organization (ICAO)) the author examines the process of rule-making and the sources of international air law.MATERIALS AND METHODS. The present research has been conducted on the basis of international air law treaties, the ICAO documents, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS. On the basis of his research the author has been able to identify and systematize the present-day sources of international air law, i.e. the forms, in which the norms of this branch of interna- tional law exist. Theoretical and practical problems relating to the development and implementation of these sources of international air law have been examined.DISCUSSION AND CONCLUSIONS. On the basis of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and the contemporary practice of States and international aviation organizations the following sources of international air law have been identified: (i) international treaties; (ii) international customs; (iii) ICAO international standards; (iv) Technical Instructions for the Safe Transport of Dangerous Goods by Air. Each of these sources of international air law has been examined in detail both from the point of view of the rulemaking process and within the context of its role played in regulation of cooperation between States in the area of international civil aviation. In particular, the author shows the specific role in international air law of such traditional sources as international treaties and international customs. As for the international standards and the Technical Instructions for the Safe Transport of Dangerous Goods by Air, they are described as special complex forms of creation of norms of international air law emerged as a result of rapid development of civil aviation in the second half of the 20th century and its transformation into the global passengers and cargo transportation network. Overall examination of the currently existing rule-making processes and sources of the international air law demonstrates that they are rather dynamic and well take into account the contemporary development of global aviation and the interests of different States.

scholarly journals PROSES HANDLING BARANG BERBAHAYA DI BANDAR UDARA

2021 ◽  
Vol 17 (1) ◽  
pp. 45-53
Author(s):  
Primadi Candra Susanto ◽  
Yosi Pahala ◽  
Hartono Hartono ◽  
Saroni Saroni
Keyword(s):  
Emergency Response ◽  
Training Programme ◽  
Air Transport ◽  
Dangerous Goods ◽  
Technical Instructions ◽  
Safe Transport ◽  
Transport Of Dangerous Goods

Penelitian ini bertujuan membahas proses handling barang berbahaya di bandar udara, berdasarkan IATA (International Air Transport Association) Barang dan atau bahan berbahaya dapat diklasifikasikan menjadi sembilan kelas yang mempunyai beberapa divisi karena luasnya cakupan barang berbahaya dan masing-masing diberi kode tertentu sebagai informasi untuk mempermudah mengindentifikasi bahan atau zat tersebut. Keselamatan pengangkutan barang berbahaya di bandar udara sangat tergnatung dari kelayakan pengepakan atau handling serta ketepatan pengidentifikasian terhadap jenis muatan barang berbahaya tersebut. Dangerous Goods adalah zat yang memungkinkan terjadinya bahaya terhadap kesehatan, keselamatan dan harta milik ketika di angkut dengan pesawat. Dangerous Goods diatur pada regulasi ICAO annex 18 – the safe transport of dangerous goods by air dengan penjelasan pada regulasinya: ICAO DOC 9284-AN905 technical Instructions for the safe transport of dangerous goods by air, ICAO DOC 9481-AN928 emergency response guidance for aircraft incidents involving Dangerous Goods, ICAO DOC 9375-AN913 dangerous goods training programme, di Negara Indonesia ada peraturan tentang Dangerous Goods ini pada UU No.1 Tahun 2009 tentang penerbangan dengan regulasi turunannya: KM No.16 Tahun 2009 / CASR part 92 safe transport of dangerous goods by air, skep/2765/XII/2010 tata cara pemeriksaan keamanan penumpang, personel pesawat udara dan barang bawaan pesawat udara dan orang perseorangan, peraturan Menteri Perhubungan PM 90 Tahun 2013 tentang keselamatan pengangkutan barang berbahaya pada dengan pesawat udara.

scholarly journals The subsidiary rule-making processes in international air law: current issues of theory and practice

2020 ◽  
pp. 64-80
Author(s):  
A. A. Batalov
Keyword(s):  
International Law ◽  
Practical Importance ◽  
Theory And Practice ◽  
Civil Aviation ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Contemporary Practice ◽  
Contemporary Development ◽  
Rule Making

INTRODUCTION. Within the context of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and on the basis of the contemporary practice of States and international aviation organizations (in particular, International Civil Aviation Organization (ICAO)) the author examines the subsidiary rule-making processes in international air law as the integral part of the whole rule-making process of this branch of international law.MATERIALS AND METHODS. The present research has been conducted on the basis of international air law treaties, the resolutions and documents of ICAO, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS. On the basis of his research the author has been able to achieve the following results: (1) detailed and precise classification of all acts, decisions and documents (including, in particular, numerous ICAO documents) concerning the activities of international civil aviation and adopted or approved within the framework of the subsidiary rule-making processes in international air law; (2) defining the practical importance of these subsidiary rule-making processes within the context of the whole rule-making process of international air law; (3) discovering current problems of the rule-making process in international air law and proposing possible ways of its improvements in view of the interests of the Russian Federation and international aviation community as a whole.DISCUSSION AND CONCLUSIONS. After examination of the subsidiary rule-making processes currently existing in the international air law it can be concluded that these processes are rather dynamic and well take into account the contemporary development of global aviation and the interests of different States. At the same time, the recent trends within ICAO and other international aviation organizations towards simplification and acceleration of such rule-making processes by way of shifting many substantial provisions from mandatory into non-mandatory acts and documents or through limitation of the States’ participation in these processes can negatively affect the States’ interests, impede the achievement of universal uniformity in regulations, standards and procedures and, eventually, even jeopardize the global aviation safety.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 39 United Arab Emirates: Emirati Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Bälz Kilian
Keyword(s):  
International Law ◽  
United Arab Emirates ◽  
Civil Code ◽  
International Standards ◽  
Federal State ◽  
Private International Law ◽  
International Treaties ◽  
Federal Law ◽  
The Hague ◽  
The Law

This chapter presents Emirati perspectives on the Hague Principles. The United Arab Emirates (UAE) are a federal State that was established in 1971. Private international law, civil procedure, and arbitration all are federal matters that are covered by federal laws. Private international law is codified in a section of the UAE Civil Code (Federal Law No 5 of 1985) that deals in Articles 10 to 28 with ‘The application of the law regarding the place’. The section also contains the conflict of law rules applicable to international commercial contracts. The statutory provisions of the Civil Code are, in practical terms, the most important source of law when determining the law applicable to an international contract in the UAE. According to Article 22 of the Civil Code, international treaties, to the extent they apply, override the provisions of municipal law. Moreover, Article 23 of the Civil Code provides that in the absence of any statutory provision, ‘the [general] principles of private international law’ shall apply. This provides the UAE courts with the option to make reference to international standards such as the Hague Principles.

Organization of transport of dangerous goods road transport

2018 ◽  
Vol 120 ◽  
pp. 341-363
Author(s):  
Grzegorz Rogalski ◽  
Dariusz Pyza
Keyword(s):  
Transport Process ◽  
External Environment ◽  
Hazardous Materials ◽  
Road Transport ◽  
Dangerous Goods ◽  
Safety Regulations ◽  
Safe Transport ◽  
Transport Of Dangerous Goods ◽  
Selection Of

The article presents selected problems of organization of dangerous goods transport. The transport of dangerous goods in accordance with safety regulations and standards guarantees not only the minimization of hazards resulting from the transport of hazardous materials, but also its full effectiveness. Selection of the type of packaging and means of transport depending on the threats posed by a specific dangerous product, it affects the safety of transport and the external environment. In this sense, the article presents the characteristics of legal acts related to the transport of hazardous materials, the conditions of safe transport and the obligations of participants in the transport process.

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