AIRCRAFT OPERATING LEASING A LEGAL AND PRACTICAL ANALYSIS IN THE CONTEXT OF PUBLIC AND PRIVATE INTERNATIONAL AIR LAW AVIATION LAW AND POLICY SERIES

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Aircraft Operating Leasing

Author : Donal Patrick Hanley
ISBN : 9041160507
Genre : Law
File Size : 61.8 MB
Format : PDF, Kindle
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Aircraft Operating Leasing A Legal and Practical Analysis in the Context of Public and Private International Air Law, Second Edition Donal Patrick Hanley Although aircraft leasing is comparatively young as a commercial activity - less than forty years old in practical terms - already well over a quarter of the world's commercial aircraft fleet is leased. The legal significance of aircraft leasing is, therefore, growing very quickly. Bringing together the laws affecting both air travel and leasing can, however, be challenging. This book is the first to assume this task in a major focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements as well as to legal academics and students. In this second edition, the author examines the aircraft operating lease from both a legal and practical point of view and contextualizes it in light of the latest public and private international air law agreements, case law, statutes, and regulations from a variety of jurisdictions and current literature in the field: the obligations and rights of each party; failure to meet delivery condition before delivery; standby letters of credit and guarantees; regulatory constraints concerning aircraft registration or foreign remittances; manufacturer's warranties; possession and replacement of parts and engines; sub-leasing; damage to the aircraft and other loss to less∨ liability for damage to third parties; safety issues and lessor's liability for acts of the airli≠ the events that will entitle the lessor to terminate the contract and recover its asset; issues pertaining to enforcement of remedies; and governing law. The format broadly follows that of a typical aircraft operating lease. The author flags the principal legal issues to be considered in developing a standard form aircraft operating lease and makes recommendations in that regard. His approach balances the desired commercial outcome with the legal, or more theoretical, mandate to apply the law to disputes that may arise. An immensely useful supplement sets out a real example of a form of aircraft operating lease for a used aircraft, as used by a leading commercial aircraft leasing company. As a detailed examination of each part of the lease with particular reference to the impact on each term of relevant case law, statutes, regulations, and international treaties, this work greatly enhances understanding of the legal and practical aspects of the aircraft operating lease.
Category: Law

The Commercial Aircraft Finance Handbook

Author : Ronald Scheinberg
ISBN : 9781351364218
Genre : Business & Economics
File Size : 43.72 MB
Format : PDF, Docs
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The Commercial Aircraft Finance Handbook is a resource for every type of aircraft finance practitioner - seasoned and starter alike. The handbook offers a comprehensive overview of the multifaceted matters that arise in the process of financing commercial aircraft. The book clearly reviews the different topics on a high-level basis, and then explains the terminology used for each particular area of specialization.. It can be used as both a learning aid and reference resource. The area of commercial aircraft finance is multidisciplinary one, touching professionals across law, finance, insurance, and leasing (to name a few) and this book arms these diverse practitioners with a framework for knowing the questions and issues that should be considered in an aircraft financing transaction. This book will also provide practitioners just starting out in this field with an introduction to the myriad of topics in aircraft finance while providing more seasoned professionals with explanations of matters outside their normal area of expertise. As well, all practitioners will benefit from the resources provided in the appendices.
Category: Business & Economics

The Principles And Practice Of International Aviation Law

Author : Brian F. Havel
ISBN : 9781139867504
Genre : Law
File Size : 43.91 MB
Format : PDF, ePub
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The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.
Category: Law

Author : Наталия Ерпылева
ISBN : 9785457818606
Genre : Law
File Size : 68.30 MB
Format : PDF, Docs
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В учебнике комплексно исследуются важнейшие отрасли и институты международного частного права (МЧП). Автор анализирует их с позиции правового регулирования в российском законодательстве и международных договорах, применяя сравнительно-правовой метод. Это позволяет определить взаимосвязь и взаимовлияние таких источников МЧП, как национальное законодательство и международный договор, в условиях глобализации и интернационализации экономических отношений различных хозяйствующих субъектов. Материал изложен в соответствии с программой дисциплины «Международное частное право», утвержденной Федеральным государственным образовательным стандартом высшего профессионального образования. Помимо общих вопросов о предмете, методах, субъектах и источниках МЧП, собственности и интеллектуальной собственности, а также коллизионных нормах как основе правового регулирования международных частных отношений, в учебнике рассматриваются основные отрасли МЧП: международное коммерческое право, международное транспортное право, международное расчетное право, международный гражданский процесс, международный коммерческий арбитраж.Для студентов и аспирантов, обучающихся по специальности «Юриспруденция», преподавателей, практикующих юристов, а также всех тех, кто интересуется проблематикой международного частного права.
Category: Law

The International Law Of Investment Claims

Author : Zachary Douglas
ISBN : 9780521855679
Genre : Law
File Size : 75.62 MB
Format : PDF, Kindle
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This book is a codification of the principles and rules relating to the prosecution of investment claims.
Category: Law

Multimodal Transport Law

Author : Marian Hoeks
ISBN : 9789041132468
Genre : Law
File Size : 28.89 MB
Format : PDF, Kindle
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Due to the fact that no attempt to create uniform law for multimodal carriage has as yet met with success, transport law has no adequate means to create certainty as to the legal consequences of any loss, damage or delay of cargo resulting from multimodal carriage contracts. A fragmented, complex and inconsistent liability patchwork - which involves regional, subregional and national laws usually focused on unimodal transport, supplemented by contractual standard rules created by the industry - serves as an international liability framework. The consequence of this state of affairs is that the applicable liability rules vary greatly from case to case and give rise to uncertainty concerning the extent of a multimodal carrier's liability in a given situation. Indeed, according to a 2003 UNCTAD survey, most parties involved in the transport industry do not consider the existing legal framework for multimodal transportation to be satisfactory or even cost-effective. Now, progressing through an in-depth analysis of the exact nature of the international multimodal carriage contract, this important study assesses how the most advantageous law applicable to a multimodal contract may be uncovered. Using the ideas, legislation and case law on multimodal carriage in the legal systems of Germany, The Netherlands and England to anchor her presentation, the author offers a thorough investigation of the existing framework of carriage law, the applicable rules of private international law, and the options provided by choice of law based on contractual conditions. In the course of the analysis all essential issues are scrutinized, including the following: * whether the modes of transport to be used may be left open by the contract; * time bars on protest and litigation and when they commence; * carriage documentation; * liability of the carrier for subcontractors; * planning for 'friction costs'; * rules on jurisdiction and the resulting forum shopping practice; * instances where conventions overlap, or when no existing carriage regime applies; * damage or loss that occurs at the point where one unimodal regime ends and another begins; * damage or loss brought about by multiple causes; and * rights and obligations attached to delivery. No comparable treatise exists on which rules may govern international multimodal contracts for the carriage of goods and under what conditions they will do so, and this book is thus an indispensable asset to the work of any practitioner or official connected with international transport. In addition, the author presents a detailed review of the various drafts and propositions that have been on offer in recent years, and submits a well-thought-out proposal for a set of multimodal transport rules to alleviate the difficulties that currently plague this area of carriage law.
Category: Law

Law And Policy Of Substantial Ownership And Effective Control Of Airlines

Author : Isabelle Lelieur
ISBN : 9781351922876
Genre : Law
File Size : 85.8 MB
Format : PDF, ePub, Mobi
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The principle of airline substantial ownership and effective control is one of the biggest impediments to the air transport industry growth. Legitimately included in the bilateral agreements since 1946 for national security reasons, States have maintained the principle over the years and used it as a protectionist tool, as well as a bargaining chip. Today, considering that liberalization and globalization concepts are already well-established in the biggest industrial sectors, and a large number of cross-border investments occurs in most of the service sectors through mergers and acquisitions, the time is ripe to remove national restrictions on foreign investments from the airline industry. This comprehensive book identifies those factors that still justify the imposition of national ownership restrictions on airlines and examines the prospects for change in the current policies and regulatory regimes that support them. The readership includes specialists in government departments of transportation, civil aviation authorities and agencies, international organizations, airline executives concerned with general management, economic, legal and public affairs, aviation lawyers, airline pilot associations, law schools concerned with international aviation law.
Category: Law

Foundations Of Aviation Law

Author : Mr Michael W Pearson
ISBN : 9781472445636
Genre : Law
File Size : 28.36 MB
Format : PDF
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Foundations of Aviation Law is an easy-reading general primer into the often complex world of aviation law, written for aviation students as well as legal professionals who are looking for broad-based, introductory coverage of the subject. The book is divided into six general categories, with fifteen relevant sub-chapters, allowing focused learning into particular areas of law. Throughout it features chapter summaries, key word indices and review questions. The design easily allows instructors to develop syllabi that spotlight the specific area of law that they are interested in exploring, providing comprehensive coverage of both traditional introductory legal concepts and topical aviation subject matter.
Category: Law

Open Skies For Africa

Author : Charles E Schlumberger
ISBN : 0821382063
Genre : Business & Economics
File Size : 21.87 MB
Format : PDF, ePub, Mobi
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In Africa, where poor roads, ports, and railways often constrain efficient transportation, air transport holds great potential as a lever for economic growth and development. Yet Africa has suffered several decades of inefficient air services. Uncompetitive flag carriers, set up by newly independent African states, offered primarily intercontinental flights, while the domestic air service market remained underdeveloped and underserved. The 1999 pan-African treaty on liberalization of access to air transport markets, the Yamoussoukro Decision, attempted to address these shortcomings. Yet a decade later, only partial liberalization has been achieved. 'Open Skies for Africa: Implementing the Yamoussoukro Decision' reviews progress made in carrying out the treaty and suggests ways in which the liberalization process can be encouraged. The book analyzes the completed and still-pending steps toward implementation of the Yamoussoukro Decision, both on a pan-African level and within various regions. Special focus is given to the challenges posed by the poor aviation safety and security standards that exist in most African countries. Finally, the book measures the impact that certain policy steps of the Yamoussoukro Decision have had and evaluates the economic significance of air transportation and its full liberalization in Africa. The book concludes that the process of liberalizing African air services must continue, and provides policy recommendations for the way forward.
Category: Business & Economics