Thèses sur le sujet « And Transportation Law »
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1
Dan, Moshe. « Aviation law in Israel ». Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22691.
Texte intégralRésumé :
The Civil Aviation Laws in Israel began their development since the independence of the State in 1948. They comprise of five main Aviation Acts and various executive regulations which facilitate the conduct of the civil aviation industry.The basic aviation act, although modified and supplemented by native Israeli aviation laws is the Air Navigation Act: It was drafted in the 1920's by Great Britain and was incorporated into the legal system of the newly born state.
A review of the development of civil aviation law in Israel has not yet been completed by a single study considering its fundamental provisions, namely providing analysis of international and domestic sources, aviation organizations and policies.
Historically, the political situation in the Middle East has exerted influence on Israel's civil aviation policies. Now that the region is on the verge of a new era of peace, Israeli policy in this field will further be affected. Undoubtedly, a new way of thinking will have to emerge in order to face the possibilities and challenges that peace will bring.
The purpose of this thesis is therefore to describe, analyze and evaluate the basic features of aviation law and aviation policies of Israel.
2
Mugarra, Leire. « Legal aspects of commercial space transportation ». Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112607.
Texte intégralRésumé :
The commercial space transportation industry is growing with the technology that creates more capable spacecrafts to access space. However, there are still some academic discussions related to the delimitation of the outer space and the definition of space objects that could interfere with the regulation of this growing space activity. Because these discussions are not predicted to be solved soon, the developing space policies must attempt to clarify these issues between the parts avoiding the retard in the development of the industry. Moreover, these policies have to promote public-private partnerships and the emersion of private entrepreneurs for a faster development of a safe, reliable, and affordable commercial space transportation.
3
Gbem, Annastacia Aver. « Air law in Nigeria : problems and prospects ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ44057.pdf.
Texte intégral
4
Slenczka, Johannes. « Airport congestion at Frankfurt and the law ». Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29796.
Texte intégralRésumé :
Airport access has become a scarce resource in civil aviation. In part 1, this thesis uses the example of Frankfurt Airport to introduce to the phenomenon of airport congestion and argues that states are under a legal obligation to prevent a situation in which airports can no longer keep pace with the rapid growth of civil air transport. In part 2, possible remedies to airport congestion at FRA are identified and discussed in depth. Part 3 concludes with the argument that the expansion of the runway system at Frankfurt Airport will prove inevitable. However, since the expansion capabilities of airports are generally limited, it is further argued that airport access will remain as a scarce resource in the future. As a result, dealing with airport congestion should not be understood as synonymous with airport expansion. Instead, all available options should be identified and employed so that airport access can be allocated on a more reflective basis, taking into account measures which will prevent or at least minimize congestion in the future.
5
Kolar, Jasin, et Johan Persson. « Green Transportation External environmental communication ». Thesis, Kristianstad University College, Department of Business Administration, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4491.
Texte intégralRésumé :
Climate change is a hot topic today. It is important for companies to take
responsibility for the environment. For companies it is also important to
communicate their environmental efforts to its customers.
The aim of this study is to analyze how transportation companies communicate their
environmental efforts on the web. Europe’s largest transportation companies as well
as Asian and North American airlines are studied. Companies’ websites were
examined and evaluated on several criteria.
The study surprisingly showed that a lot of companies did not have any external
communication due to unavailable websites. There are significant geographical
differences in how companies communicate green.
Many transportation companies provide environmental information on their websites
however they need to be more convincing in doing so.
6
Beamer-Downie, Darcy. « Freight forwarders' liability during international multimodal transportation ». Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33354.
Texte intégralRésumé :
Over the past 30 years the transportation of goods has developed beyond recognition. The transportation infrastructure is sophisticated and relatively efficient and it is not unusual for goods to be shipped by more than one mode of transportation. Unfortunately, private law has not kept pace with these infrastructure changes. Therefore, a different liability regime applies to every unimodal type of transportation. Though, each unimodal regime is usually based on similar principles they are sufficiently different, from each other, to create a great deal of uncertainty when trying to assess the liability of the participants, in the transportation venture. Such uncertainly is highlighted, for example, when the exact time of the loss or damage cannot be ascertained---which liability regime is applicable?An individual who engages a forwarder will not be particularly concerned with the above and generally assumes that by dealing with a forwarder, the forwarder will be liable for any loss or delay. Unfortunately, this is not always the case and depending on the terms upon which the forwarder contracts i.e. as agent, principal, carrier etc., and the application of any mandatory liability regime the forwarder may limit or escape liability altogether. Thereby leaving the customer without an effective remedy.
In this thesis we have examined the common law evolution of the freight forwarder from their traditional role as agents to their modern sophisticated role, as a "one stop shop," which more closely resembles that of principal. With particular emphasis on how forwarders' have coped with the advent of multimodal transportation and its legal uncertainty.
7
Bloomfield, Jessica. « An Alternative Alternative : The Road to Sustainable Transportation Law ». Thesis, University of Oregon, 2013. http://hdl.handle.net/1794/13238.
Texte intégralRésumé :
The dominance of motor vehicle use throughout America reflects a massive government intervention on behalf of automobiles. Congress directs billions of dollars into America's highway system annually, assuming that building new roadways is the best option to move people and goods from one place to another. These policies stand in direct contradiction to today's travel patterns.
This research examines ways to improve federal law to achieve a more sustainable transportation future. First, it identifies the specific provisions in federal transportation law that inhibit the development of "low-build" transportation projects. Second, it describes challenges to halting roadway construction through litigation in federal court.
Understanding the problems of federal transportation law and litigation sheds light on the ways to make positive change in the next federal surface transportation reauthorization. This research culminates in recommendations for how Congress can implement policies that require a comprehensive approach to transportation planning.
8
Gao, Jingkang. « Why the Chinese obey the law : case studies from transportation ». Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/104121.
Texte intégralRésumé :
Thesis: S.M. in Transportation, Massachusetts Institute of Technology, Department of Civil and Environmental Engineering, 2016.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references.
Why do people obey the law? Economists take the instrumental perspective, according to which compliance is based on tangible gains and losses to the individual; policymakers can obtain compliance through increasing the certainty or severity of punishment for violations. Psychologists have added the normative perspective to the compliance literature. According to the normative perspective, compliance is based on internalized social values irrespective of utility changes to the individual. Two important types of normative motivations explored in this thesis are the perceived legitimacy of the authorities and the perceived morality of the laws. This thesis contains three papers that address compliance in the context of transport in China. The first paper examines compliance with a wide set of laws and regulations from public disturbance to distracted driving and explores which set of evaluations determine legitimacy. The results show that morality is the most important motivation, that the severity of punishment is more influential than the perceived risk of apprehension, and that legitimacy is determined by procedural fairness. The second paper examines compliance with twelve traffic laws. The results also show that morality is the most important motivation, that legitimacy influences younger drivers while safety influences older drivers, and that there is a social norms gap between distracted driving laws and conventionally studied traffic laws. The third paper examines compliance with the Shanghai license plate auction policy. The results again while normative, instrumental, and image motivations influence compliance for local hukou holders, only instrumental motivations influence compliance for non-local hukou holders. The findings contribute to the research on compliance and provide potential recommendations for authorities and policymakers.
by Jingkang Gao.
S.M. in Transportation
9
Fiorita, Dionigi M. (Dionigi Mario). « Safety and economic regulation of air transportation in Canada ». Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22694.
Texte intégralRésumé :
The Federal Government, in the exercise of its exclusive constitutional jurisdiction over aeronautics, has adopted laws and regulations that address the various aspects of the aviation system. These laws and regulations have evolved significantly from the first piece of Federal legislation passed in 1919.Some of those laws and regulations have as their objective achieving and maintaining an adequate level of aviation safety, while others are intended to ensure that Canadians have access to an efficient and reliable national air transportation system.
On the safety side, there are laws and regulations that establish standards of quality for the aircraft, standards of competence for air carriers and standards of competence and medical fitness of the personnel. There are also regulations that specify the conditions that must be met in order to register an aircraft in Canada.
On the economic side, there are laws and regulations that set the terms and conditions for the operation of domestic and international air services. In the domestic context, such laws and regulations have gone from strict and almost complete government intervention, to giving effect to recent policies of less regulation and more competition.
These same laws and regulations, while providing the regulatory authority with the necessary enforcement tools, also recognize the need to ensure that it does not act improperly or abusively. For such purpose, the stakeholders have access to several different recourses to challenge the actions of the regulatory authority.
10
Herman, Thierry. « Les systemes informatises de reservation, cadre legal et perspectives d'avenir ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0006/MQ44060.pdf.
Texte intégral
11
Liyanage, Senarath Devapriya. « International airline code-sharing ». Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23961.
Texte intégralRésumé :
Code-sharing agreements between international airlines are designed to address passenger preferences, structural impediments, and in some situations, bilateral restrictions, through a cost efficient system of operations.In most instances, code-sharing operations divert traffic from other carriers rather an stimulating and generating new traffic. If the parties were direct competitors prior to code sharing operations, the resulting harm on competition will undoubtedly negate the benefits which may accrue towards passengers.
However, the main concerns, from the passenger's viewpoint, are that of disclosure of the operating carrier and the certainty of the applicable liability regime. Furthermore, the passenger must receive clear details of the joint product without being deprived of information concerning other available options.
The growing use of international code-sharing has resulted in airlines searching for potential partners without proper evaluation of the consequences. Similarly, regulators face the daunting task of defining, articulating and enforcing a clear, consistent policy on the matter.
This paper will initially examine the nature of code-sharing, its perceived benefits and thereafter discuss the prevailing regulatory regimes. Subsequently, a detailed discussion on the probable legal implications will be undertaken and finally concerns of the airlines will be addressed in order to identify essential elements which should be dealt with by the agreement.
12
Fobe, Jean-Michel. « Legal aspects and insurance of the liability of civil aerospace products manufacturers in the EEC, for damage to third parties ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26198.
Texte intégralRésumé :
Civil aerospace products manufacturers in the EEC may, as in the USA, be called into litigation as co-defendant following an aircraft accident by the victims or their dependents. As opposed to the airlines, their liability is not limited by international conventions.This thesis examines their liability and insurance in case of damage to third parties after the entry into force of EEC Directive 85/374 on liability for defective products.
First, a brief description will be given of the evolution of the aerospace industry in Europe and its governmental regulation through certification. In the second part we will examine the evolution of product liability in Europe. The main focus will be on the Directive. After a discussion of aspects of conflict of laws and enforcement of judgments, the particulars of aviation products liability in Europe will be looked at. Finally, we will consider aviation product liability insurance.
13
Ghonaim, Mahmoud A. « The legal and institutional aspects of communication, navigation, surveillance and air traffic management systems for civil aviation ». Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28650.
Texte intégralRésumé :
Looking at the current air traffic system developments and the use of satellite for communication, navigation, surveillance and air traffic management, an emerging trend of institutions and law can be observed. This thesis assesses the institutional and legal contributions of the satellite services to civil aviation.This thesis is divided into three parts. Part I sets the scene by giving the reader a brief look at the technical side of the current air navigation system. Chapter I explores the current system's deficiencies and Chapter II explains the framework of selected existing aeronautical and general operating satellite systems and institutions.
Part II deals with the prospective long-range needs of air navigation. Chapter III focuses on the characteristics and capabilities of the new systems and Chapter IV sets out the available financial options.
Part III deals with the vital legal and institutional aspects involved in using satellite systems for civil aviation purposes. Chapter V reviews the legal problems of safety and non-safety aeronautical air-ground communications, Chapter VI identifies the current applicable air, space and telecommunication law, and their impact on the new systems, Chapter VII deals with the institutional aspects of the new systems and Chapter VIII sets out this writer's recommendations. Lastly, final remarks are presented.
14
Wei, Chia-Lee 1971. « Changes in the sea carrier's liability for cargo as a result of containerization and multimodalism (U.S. and Taiwanese law) ». Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=29942.
Texte intégralRésumé :
Containerization, a technical innovation for transport initiated in late 1950s, has invigorated the evolution of the shipping industry. The shipping rules hence need to be restructured to keep abreast of the times, especially those enacted prior to the era of containerization (the Hague Rules 1924).The thesis presents and discusses the carrier's liability in containerized transport under the current shipping rules, comparing particularly the regimes of the United States and Taiwan, both of which still apply the Hague Rules. A subsidiary examination is extended to the MTO's liability in multimodal transport, which has an essential correlation with containerization.
15
Vilao, Maria Cristina G. « Air cabotage : current legal issues ». Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22449.
Texte intégralRésumé :
The term air cabotage refers to the carriage of air traffic between two points within the territory of the same state. This carriage is generally reserved to the aircraft of the territorial state and is thus inaccessible to foreign carriers.This thesis gives a brief account of the origins of the concept of cabotage in maritime law and of its introduction in the early international air law conventions.
The thesis then proceeds to focus on the problem of air cabotage in the North-American context and particularly on the current bilateral negotiations between the USA and Canada at which cabotage rights in the USA are being sought by Canada.
It further projects on the EEC context, where air transport liberalization measures toward the completion of a single integrated market will eventually (perhaps very soon) lead to the availability for Community carriers of cabotage rights within any EEC Member State. The creation of a "Community cabotage area" where only Community carriers would be able to carry Community traffic is also analyzed.
Finally, the consequences of these developments are examined as far as EEC Member States' obligations under the Chicago Convention and relations with third states are concerned. (Abstract shortened by UMI.)
16
Kolivakis, Marie-Angélique. « The economic regulation of air transport : from the Chicago Convention to GATS ». Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23313.
Texte intégralRésumé :
The economic regulation of air transport is a field that was, in large part, left out from the Chicago Convention of 1944 drafted at the Chicago Conference, due to a lack of agreement amongst the participants. Since then, ICAO has made numerous unsuccessful attempts to fill this void. With the inclusion of air transport services in the General Agreement on Trade in Services of 1993, the subject has once again come to the forefront of the aviation liberalization efforts.This thesis describes the economic regulation of air transport since 1944 as set out in the Chicago Convention, its consequences and the liberalization efforts that have since been proposed. The principles of the General Agreement on Tariffs and Trade (GATT) are presented as is the debate concerning their application to air transport services. The final text of the General Agreement on Trade in Services (GATS) and the Annex on air transport services is analyzed and its implications for the future regulation of air transport services are discussed. Finally, the question of the appropriate forum for the future regulation of such services is also examined.
17
Huon, Christian. « La responsabilité des fabricants de materiel aeronautique en Europe / ». Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60697.
Texte intégralRésumé :
Product liability is now regulated by a specific regime. But to be quite honest, it must be admitted that aircraft manufacturers are in a scarcely enviable position now. They produce equipment which is not only increasingly costly and efficient but which may have a useful life of up to thirty years or more. Then, there is a risk that the insurance market will be not available or at least sufficient. Consequently, the establishment of a special system concerning exceptionally serious accidents and a common fund are necessary.
18
Vojtovic, Raphaële L. « Liability and risk management in international air transport : a study of European initiatives ». Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20548.
Texte intégralRésumé :
This thesis examines the legal aspects of aviation insurance and reinsurance regarding passenger liability, in particular in Europe. The paper identifies and describes four main trends currently affecting the aviation insurance industry: the globalization of aviation insurance and reinsurance undertakings, increased competition in aviation insurance sector, the liberalization of the European insurance market, and the evolution of the international and European air carriers liability regime. The implications of these trends for premium rates, and for insurance and reinsurance activities in general, are then assessed.This analysis indicates that the liberalization of the European insurance and reinsurance markets remains incomplete, given that certain essential aspects linked to the activities of insurance undertakings are not harmonized. This lack of consistency within the European regulatory regime is found to be a source of invisible barriers which hamper the effective application of the European freedoms of establishment and of providing services as established in the Treaty of Rome. Furthermore, the author identifies a potential for growing friction between the different international regulatory regimes governing air carriers liability. Looking to the future, the expected effects of the single European currency and the expansion of the WTO services disciplines is also examined.
The author concludes that the effectiveness of traditional structures and organizations of insurance and reinsurance markets are being challenged by profound structural changes in the industry. In this context, the European liberalization could serve as a model for adapting to this changing environment on a regional level so as to benefit from the opportunities provided by competition and globalization.
19
Croes, Philip. « Trucking air cargo : the application of the Warsaw system to bimodal transport ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56887.
Texte intégralRésumé :
The recent expansion of air trucking operations in Europe has put a strain on the traditional concept of air carrier's liability.Short-haul pick-up and delivery services have gradually given way to a more complex pattern of hubbing and substitute transport by road, possibly undertaken without consent of the consignor of the goods.
In the absence of a set of international rules for multimodal transport, each segment is subject to a separate legal regime. An evolutive interpretation of the original Warsaw Convention, though, fits the newly developed bimodal operations prima facie into the sphere of air carrier's liability.
Problems of delay are dealt with using an elaborate model on the concept of time in the several branches of transport law. The spectrum is completed by a discussion on the plurality of the parties involved in the entire process.
20
Maistros, Alexander Reed. « A Multilevel Statistical Analysis of Impaired Driving Crashes and Law Enforcement Countermeasures ». University of Akron / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=akron1436798274.
Texte intégral
21
Ball, Martyn Norman. « Noise law in England and Wales : a comparative study of the current common law and legislative control of noise pollution ». Thesis, Keele University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.366447.
Texte intégral
22
Lapointe, Hélène. « Regional open skies agreements : law and practice ». Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22696.
Texte intégralRésumé :
This thesis presents an analytic review of the different definitions of "Open Skies Treaty". It mainly introduces American, Canadian and European views of Open Skies. We also propose our definition of Open Skies in a North American context including our NAFTA partner, Mexico.Then, the thesis conducts a detailed study of the law and practice pertaining to regional Open Skies Agreements in Europe, Latin America, Australasia and in the Asia/Pacific region.
Afterwards, an analysis of the main provisions of the North American Free Trade Agreement is made with reference to air transport. Follows, an overview of the state of the Canadian air transport industry and policy.
More importantly, a complete analysis of the New Air Transport Agreement Between Canada and the United States implementing an Open Skies regime as for 1995 is made in Chapter V.
Finally, a critical analysis of this Open Skies Agreement is made and perspectives are given as to the future inclusion of Mexico, Chile and, later on, of all of Latin America.
23
Okumu, Hannington Owuor. « The evolution of air law in Kenya and its current challenges / ». Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27464.
Texte intégralRésumé :
This thesis examines the historical evolution of air law in Kenya, its content and current challenges. Part One is a historical introduction designed to provide a brief background knowledge and information necessary for a proper understanding of the geo-political and socio-economic foundation of air law in Kenya. It focuses on colonization process of East Africa with particular reference to Kenya.Part Two discusses the character and content of British air law and regulations exported to Kenya respecting aviation and attempts to analyse at the juridical basis of these regulations, Orders in Council and sub-delegated legislation. Effects on transition to independence on these laws is also examined in this part.
Part Three identifies and analyses the major post-independence developments in air law and the present regulatory system. Kenya's practice with regard to international aviation treaties is also briefly discussed.
The final part is an incursive summary of the preceding parts and possible conclusions drawn therefrom. Here, we also proffer some suggestions we think might be useful to Kenya's overall regulatory system.
24
Bartlik, Martin. « The impact of EU law on the regulation of international air transportation / ». Aldershot : Ashgate, 2007. http://aleph.unisg.ch/hsgscan/hm00245074.pdf.
Texte intégral
25
Judkins, Daniel Glen 1950. « Head injury outcomes evaluation of a bicycle helmet law for children ». Thesis, The University of Arizona, 1998. http://hdl.handle.net/10150/278664.
Texte intégralRésumé :
Background. Bicycle helmets are 85% effective in protecting against head injury. The City of Tucson enacted an ordinance requiring children to wear a helmet. This quasi-experimental, population-based study evaluates this law's effectiveness. Hypotheses. Primary hypothesis: There will be a significant decrease in head injury occurrence in children after the helmet law. Secondary hypothesis H₂: There will be a significant decrease in head injury severity. Secondary hypothesis H₃: There will be a significant decrease in fatality due to head injury. Data collection. Trauma center trauma registry data, the hospital discharge data from other Tucson hospitals, and the medical examiner's case files. Data analysis. Chi square analysis of the proportion of head injury to all bike injuries, pre and post, revealed a significant drop in head injuries, confirming the primary hypothesis. Other analyses revealed a reduction in injury, but not to significant levels. Conclusion. The helmet law is effective.
26
Radbone, Ian. « A history of land transport regulation in South Australia : the relevance of public choice theory ». Title page, contents and summary only, 1989. http://web4.library.adelaide.edu.au/theses/09PH/09phr124.pdf.
Texte intégral
27
Jaeger, Kurt. « Lawful measures of retaliation in international air law ». Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59404.
Texte intégralRésumé :
Unilateral remedies such as non-forcible reprisals, counter-measures and sanctions remain prevalent means of enforcement in international aviation relations. They are largely unregulated by international treaty law. The Tribunal in the Franco-American Air Services Arbitration of 1978, however, demonstrated that general international law has developed certain restrictions on the use of unilateral counter-measures. The emergence of new principles is also evident in the draft of the International Law Commission on State responsibility.In an effort to combat unlawful interference with international civil aviation, an increasing number of States have expressed their willingness to take concerted counter-measures against offending States. ICAO is the logical forum for discussion and resolution of aviation matters of world-wide concern and should, therefore, act as a fact-finding body and/or dispute settlor in cases of controversy. States should also be more willing to resort to arbitration as provided for in their aviation agreements and should address explicitly the problem of enforcement when negotiating future air law treaties.
28
Huang, Chu Cheng 1964. « Airline labour law : a study of certain labour law rules in international air transport ». Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34739.
Texte intégralRésumé :
This thesis examines problems related to particular labor laws currently applied in international air transport. This analysis is framed within the context of scholarly theory and judicial practice arising from various regimes of labor law governing industrial injury, the individual contract of employment, labor-management relations, and fair treatment in the civil aviation industry.A critical survey of labor regulations operating in the international air transport industry is provided through commentary on the principles formulated by judicial decisions and the theories which underlie their reasoning, helping to clarify both substantive and procedural labor laws affecting international air transport.
A critical analysis of different categories of statutory labor law governing international air transport is also provided to assess the validity of commonly-erected conflict of labor law rules, thereby revealing the inadequacy of the single rule principle in view of the unique and perplexing regulatory interests which are inherent in aviation activity. The divergence between domestic labor statutes and Treaties of Friendship, Commerce and Navigation or bilateral air transport agreements also adds a more subtle aspect to the problems explored.
29
Joyner-Bagby, Tonisha Dawn. « Risks of Driving While Talking on Mobile Devices : Soccer Parents' Perceptions ». ScholarWorks, 2015. https://scholarworks.waldenu.edu/dissertations/1461.
Texte intégralRésumé :
The number of motor vehicle accidents that occur as a result of driving while talking on
mobile devices increases each year. Distracted driving is dangerous; however, policy
researchers have not focused on adults who talk on mobile devices as they drive children
to and from daily events. This study focused on the experiences of soccer parents, an
important focus because of soccer's year-long duration that requires a large amount of
driving in addition to the other daily tasks of parenting. The purpose of this
phenomenological study was to investigate the perceptions of parents of child soccer
players regarding the motivations for and risks of talking on mobile devices while
driving. The theoretical framework for this phenomenological study was the self-determination theory. Data were collected by electronic surveys using a convenience
sample of 10 couples and 4 single parents of children who play soccer for a team in a
southern state. Data were analyzed using the constant comparative method in which
patterns were identified and coded into themes. The key findings were that the parents
had different perceptions of the risks and motivations for talking on mobile devices while
driving. There were participants who viewed talking on mobile devices as risky while
others did not perceive talking on mobile devices while driving as a risk.
Recommendations include conducting further research on parents who drive children to
and from soccer practices, while talking on mobile devices, in order to gain better
understanding of what motivates people to choose to talk on mobile devices while
driving. The implications for positive social change include informing policy makers
about the importance of increasing awareness and educating the public about the risks of
talking on mobile devices while driving.
30
Yin, Yinan. « A comparative study on liability issues concerning maritime transportation of dangerous goods : international and Chinese perspectives ». Thesis, University of Central Lancashire, 2017. http://clok.uclan.ac.uk/20926/.
Texte intégralRésumé :
The subject of dangerous goods as it pertains to carriage by sea is of growing importance and concern because it impacts on safety as well as environmental issues. Both involve liability associated with maritime transportation and liability in respect of dangerous goods is a complex area of law both from an international as well as a domestic perspective. China is a rapidly emerging economic power and a major world player in shipping and seaborne trade including import and export of hazardous substances. Furthermore, China is undergoing remarkable reform and transformation in all respects, and legal regimes, especially in the maritime field, are in a state of evolution. This thesis presents a two-fold area of concentration, that is, the international regime and the domestic Chinese law, looking at the safety as well as the environmental dimensions of international carriage of dangerous goods by sea. In order to carry out a comparative analysis of the international and Chinese legal regimes pertaining to the issues of contractual and tortious liability, a relatively detailed analytical examination of the international regime has been completed. Following this, the legal regime under Chinese law concerning the sea carriage of dangerous goods is critically evaluated in terms of the evolution of the domestic maritime law and the issues of application of international law and domestic law from the perspectives of regulatory law and civil liability. The discussion on the existing issues liability is centered on the principles of liability in tort and contract borne by private parties and state responsibility in respect of damage arising from the maritime transportation of dangerous goods. Conclusions are drawn from the summaries of chapters highlighting the critical issues in light of the findings of the research; the appropriate recommendations and suggestions for improvements to the international regimes; and proposals for law reform in the form of new legislation or amendments to existing legislation with the aim of improving the domestic regime to bring it into closer alignment with international law on the carriage of dangerous goods by sea.
31
Pizzino, Alessandro. « EEC air transportation law and its implications for the member states : focus on Italy ». Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59837.
Texte intégralRésumé :
Recent years have seen major developments in the way commercial civil aviation is dealt with worldwide.As 1992, the target date for the completion of the internal market rapidly approaches, a common air transport policy is slowly taking shape in the European Economic Community. In order to allow the EEC air transport industry to adapt progressively to the new competitive environment, a two-tier liberalization process is being pursued.
The second phase of the process has already commenced. Difficulties are being faced: on the one hand, the EC Commission is firmly determined to push for further liberalization; on the other hand, however, Member States are still reluctant to give up control over the airline industry.
Whether a common Community air transport system will be attained by the end of 1992 necessarily depends upon each EEC Member State's political will to contribute effectively to the process of European integration.
32
Kadletz, Andreas 1969. « Conflicts of laws in private international air law : the contracts of carriage by air, aviation insurance, aircraft purchase, finance, the creation of security rights in aircraft and a common general part ». Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27456.
Texte intégralRésumé :
This thesis deals with the problems of conflicts of laws with respect to contractual private air law, focusing on those contracts which are of a practical importance. As compared to traditional studies of this legal area, this study applies a very innovative approach to the topic. Due to the vast amount of legal instruments, jurisprudence and legal writings to be handled, it does not appear appropriate to deal with the problems without pointing out common approaches, methods and solutions. In accordance with the economic legal working methods which have been developed by Middle European legal systems, and increasingly can also be observed in a number of common law systems, the aspects, which are common to all kinds of international contracts in private air law, are dealt with in a common General Part. Aspects such as the method of interpretation of international conventions, their "interrelations" with the conflicts of laws, and the general approach to "conflicts justice" (Kegel) as opposed to the modern American "Choice of Law Revolution" approaches are discussed. The Specific Part deals with the particulars of each kind of contract; significant aspects such as the effects of the new IATA Inter-Carrier Agreement (signed at Kuala Lumpur, 1995) are examined, as well as the problems which are encountered in international contracts of aviation insurance, cross-border finance of aircraft, and the creation of security rights, which, because of the sheer monetary sums involved, are of enormous practical significance. The conclusion at the end of the thesis provides two rules to resolve the conflicts of laws with respect to all contractual aspects of private international law: one single common rule as to contractual obligations, and another rule as to real rights in aircraft (iura in rem) which require a slightly different approach.
33
Lu, Angela Cheng-Jui. « The crisis of unification of private air law : problems and solutions ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq29834.pdf.
Texte intégral
34
Pothier, Ann Frédérique. « Leading international aviation towards globalization : the new relationship among carrier alliances, open skies treaties and antitrust immunity ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ44073.pdf.
Texte intégral
35
Schrenzel, Guy. « Les passagers perturbateurs : perspectives juridiques ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0016/MQ55108.pdf.
Texte intégral
36
Mah, Geoffrey. « The Warsaw Convention : points of controversy ». Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23917.
Texte intégralRésumé :
The Convention for the Unification of Certain Rules Relating to International Carriage by Air of 1929 is a multilateral treaty that seeks to unify the legal regime the international carriage of passengers, baggage and cargo by air. One aspect of this regime is the regime of liability imposed on air carriers, which is characterised by a presumption of fault and liability on the carrier, thereby reversing the burden of proof, while at the same time imposing monetary limits to the damages for which the carrier is liable.In the sixty-one years that the Convention has been in force, several points of controversy have arisen in the interpretation of the Convention. Of these, the main controversies are whether carriers are liable for mental injury under Article 17, whether punitive damages may be awarded to victims, and what is meant by willful misconduct under Article 25.
Since there are 126 States party to the Convention, the investigation of the above issues is necessarily multi-jurisdictional. The conclusion of the investigation is that in the course of judicial interpretation by the various courts, applying various approaches and guided by different policy considerations, the Convention has unfortunately become disunified.
37
Jakob, J. Arie. « Aviation terrorism and the Warsaw convention ». Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23958.
Texte intégralRésumé :
International air travel is the chosen means of transportation for hundreds of millions of people around the globe. At the same time, international civil aviation has witnessed a systemic threat from terrorists, who consider aircraft and other aeronautical facilities as surrogate targets. Among others, innocent travellers and passengers dissociated entirely from terrorists' personal or political ambitions are the victims. The Warsaw Convention, and subsequent modifications thereto, devised to regulate the civil liability of the air carrier vis a vis its passengers, falls short of recognizing this particular class of victims and may not be seen as an efficient legal instrument for the resolution of the consequences of terrorist related aviation disasters.
38
MacKeigan, John Mark. « Liability of air traffic services providers : the impact of new systems and commercialization ». Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23962.
Texte intégralRésumé :
The liability regime to which air traffic services (ATS) providers are subject is being significantly changed with the implementation of satellite-based technologies as exemplified by the ICAO Communications, Navigation, Surveillance/Air Traffic Management (CNS/ATM) systems, and by the movement from state to corporate provision of services.These new systems will result in less individual state control than currently exists. With multiple service providers crossing sovereign airspace boundaries, a space-based component and a greater role for pilots in selection of flight profiles, these new systems will create an increasingly complex ATS liability environment.
Statutes governing and limiting the liability of state ATS providers will thus have less relevance than in the past with the withdrawal of the state as provider of ATS and its replacement by corporate service providers. Liability insurance and contractual liability limitation thus assume greater importance.
This thesis examines the impact of these important technological and organizational changes on the legal regime governing ATS provider liability.
39
Vülundardóttir, Kristín. « Liability in international air transport : (an Icelandic perspective) ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26228.
Texte intégralRésumé :
At present there are several instruments that regulate air carrier's liability in international transportation. These international treaties are collectively known as the Warsaw System. Unfortunately, not all States are parties to the same instruments.In this thesis, four possibilities will be introduced for amendment of the System. These possibilities are as follows: ratification of the Guatemala City Protocol through the Montreal Protocol No. 3, an international treaty instrument, meant to update and amend the whole Warsaw System; the Italian solution, a national "remedy" taken without international consultations; the Japanese action, Japanese air carriers have waived entirely the Warsaw System's limits of liability; and finally, a recommendation to the EC Commission on a regional remedy in the form of a multilateral agreement where carriers raise the liability limits but otherwise the Warsaw provisions apply.
Each possibility will be thoroughly examined in order to determine whether it is the best solution to the present crisis that the System is facing. At the end of this thesis one solution will be recommended for Iceland and other States to update the System. Other solutions are available but will not be discussed since they are not considered desirable for the aim of unification of air carrier's liability in international air carriage. What must be kept in mind when the four possibilities are being examined is that the aim of this thesis is to find a solution that unifies the air carrier liability regime and sometimes, in order to reach a uniform solution, a compromise must be reached. (Abstract shortened by UMI.)
40
Dikkerboom, Anneloes. « 'Nationality of aircraft and 'nationality of airlines' in the perspective of globalization ». Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26442.
Texte intégralRésumé :
One of the fundamental principles of the Chicago Convention is the principle of nationality of aircraft. It is the means by which the Convention attaches most of the rights and obligations that it creates to aircraft and state of registry, irrespective of who owns or operates the aircraft. Yet the rules of the Convention on nationality and registration can give rise to serious practical problems when an aircraft registered in one state is cooperatively arranged to be operated by an operator belonging to another state.This thesis takes a closer look at the principle of nationality of aircraft in international aviation law and gives an outline of the history of this concept. Further, it explains how nowadays this principle is applied to aircraft operated by international operating agencies, and to aircraft registered in one state and leased, chartered or inter-changed by operators belonging to other states.
The concept of 'nationality of aircraft' should not be confused with the concept of 'nationality of airlines'. Another part of my thesis is dedicated to this concept of 'nationality of airlines', which is of major importance in aviation too.
This part contains a general explanation on this concept as well as some examples of the ownership and control requirements in different national laws. Besides introducing the Community Air Carrier concept, it focusses on the question if the ownership and control clauses included in bilateral agreements are compatible with today's trend towards global carriers and international mergers. (Abstract shortened by UMI.)
41
Kayser, Valérie. « Legal aspects of private launch services in the United States ». Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60462.
Texte intégralRésumé :
The last decade has witnessed the development of a private launch industry. Under international space law, in particular the Outer Space Treaty of 1967, States shall supervise and authorize the activities of their nationals, including private launch companies, in Outer Space. In the United States, a substantial set of regulations has been elaborated to exercise this control over the activities of the private launch industry. This thesis analyzes, in a first chapter, the evolution which led to these regulations. The Commercial Space Launch Act of 1984 and the subsequent regulations issued by the Office of Commercial Space Transportation, regarding the licensing process are dealt with in the second chapter. The third chapter examines the most important practical legal issue relating to private launch services, namely liability and insurance.
42
Ardaine, Didier. « Concentrations et acquisitions des compagnies aériennes et droit communautaire ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56893.
Texte intégralRésumé :
As a consequence of the American deregulation policy, combined with the effects of the economic crisis and that of the realization of the "unique market", the European airline industry is undergoing a large movement of re-structuralization.The European Commission admitted the inevitable character of this trend towards concentrations among transporters but wished to control the issue, to prevent any infringement to the principles of competition as stated in the EEC Treaty.
Initially elaborated by a consequent jurisprudence of the European Communities Court of Justice, this control led to the adoption in 1989, of a specific regulation on concentrations.
Considered as an essential tool towards the realisation of the Community objectives, its implementing must nevertheless be combined with the imperatives of a common industrial policy and take into account the globalisation trend that is attached to this activity.
43
Lagarrigue, Ingrid. « "ATC liability and the perspectives of the global GNSS" : (is an International Convention viable?) ». Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22695.
Texte intégralRésumé :
Since the 1930's several International Organizations and the State of Argentina have attempted to draft an International Convention on Air Traffic Control Liability. All such attempts, however, failed.Although justified reasons favoured an International Agreement on the subject-matter, it seems that the reasons for the failures of these different Drafts are very understandable. Among them is that if States do ratify an Air Traffic Control Liability Convention, it will automatically infringe a part of their sovereignty.
Despite the fact that a subject as important as this one requires careful study, it cannot be said that it has not been properly addressed, and it is evident that final conclusions can now be reached. An international solution should be abandoned. Two possibilities remain, as a compromise for the unification of laws in that matter, that is either a regional agreement among the different regions of the World or a Model Agreement which States would implement in their national laws. Conflict of laws and reliance upon a specified regulation of the subject-matter may be an even better solution.
44
Pandiani-Vlachos, Teresa. « Air navigation safety over prohibited and danger areas : international regulation and state's practice ». Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61753.
Texte intégral
45
Albán, Pedro. « The prevention and suppression of drug abuse and illicit traffic in international civil aviation / ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69748.
Texte intégralRésumé :
Drug control has important connotations in the field of civil aviation. In the first place, substance consumption by aviation personnel may have disastrous effects given the level of alertness required in the performance of their duties. Furthermore, a significant portion of the illicit traffic in drugs is performed by air. Hence, the International Civil Aviation Organization has been called upon to participate actively in the international campaign against traffic in drugs. This paper explores ICAO's response to the international call for action.The first chapter presents ICAO within the context of the international system of drug control and provides background information on the drug control activity performed by the international community during the present century.
The second chapter reviews in detail ICAO's role and activity, which have touched three main subject areas: air transport aspects, technical aspects and legal aspects of the prevention and suppression of drug abuse and illicit traffic in international civil aviation.
The conclusions contain the author's personal assessment of the issues reviewed and make reference to the future challenges of the international community in the subject.
46
Santos, Aurora C. R. « Guidelines for drafting bilateral air transport agreements : the case of Macau ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26218.
Texte intégralRésumé :
The primary intention of this research is to elaborate guidelines for bilateral air transport agreements which can be entered into by Macau, a Chinese territory under Portuguese administration.In order to achieve this, a comprehensive comparative study of other countries' bilateral air transport agreements is undertaken. This involves carrying out a detailed examination of, inter alia, the theoretical, doctrinal and institutional features of the said agreements in general, and a practical study of various concrete agreements.
Macau's current and future political and legal status is outlined with special consideration being paid to the unique status of the Territory vis-a-vis Portugal and the People's Republic of China. Macau's recently created civil aviation structure is presented along with the Territory's trading policy in general and more specifically, the international air policy to be adopted.
Finally, based on the above research, a proposal is presented, in the conclusion, for a standard bilateral air transport agreement which Macau can use in its expanding civil aviation links with other countries.
47
Hacket, George T. (George Terence). « Liberalisation of air transport in the EEC and its implication for non-EEC European countries ». Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61159.
Texte intégralRésumé :
European Economic Area stands for the change of the structure of Europe after the developments it has undergone in recent years.Europe is changing, a new architecture is being put in place, and new responsibilities are being assumed.$ sp1$ The European Economic Community$ sp2$ is progressing towards an integrated internal market. The Member States of the European Free Trade Association$ sp3$ are seeking closer ties with the EEC. With Austria, a fully neutral country applied for Membership in the EEC for the first time. Finally, with the surrender of the communist regimes in Eastern Europe a large number of new countries are seeking after closer ties with the western market areas.
These changes did not leave air transport matters untouched. The development towards an internal market has led to substantial changes in the EEC legislation on these external relations. As a concrete outcome of these changes a draft agreement between two EFTA countries and the EEC has been negotiated, which may indicate the form of further cooperation between EEC and non-EEC countries in air transport matters.
This thesis was submitted in the summer/autumn of 1991, a few months before the successful negotiation of a European Economic Area (EEA) which embodies such further cooperation. ftn$ sp1$EES - A Historic Step towards a New Europe (3/90) EFTA Bulletin 1 at 1. quad $ sp2$Hereinafter referred to as EEC. quad $ sp3$Hereinafter referred to as EFTA.
48
Leepuengtham, Tosaporn. « The Warsaw system : why Thailand should become a party ». Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69751.
Texte intégralRésumé :
The liability regime of the air carrier is regulated by the Warsaw Convention of 1929. The latter establishes a certain uniform set of regulations in the field of international carriage by air. This universally accepted Convention was gradually amended and supplemented by later instruments in order to adjust and adapt this uniform set of rules to the changing and rapid growth of the aviation industry.Thailand, however, is one of the few countries who have not yet become a party to this beneficial system. This results in conflicts of laws and jurisdictions.
The purpose of this dissertation is to explain and analyze the necessity and significance of Thailand's adherence to the Warsaw System, and to propose a strategy for Thailand to become a party to this system.
49
Nicolaïdès, Dimitri P. « GNSS-legal and institutional issues ». Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20224.
Texte intégralRésumé :
Should civil aviation reach its promising full potential, it will inevitably be through the use and reliance upon Global Navigation Satellite Systems (GNSS) and its innovative technologies. At present only one option seems clearly and 'directly' operational for the civil aviation challenge, and that is a---USA owned and controlled---GPS based GNSS.This thesis will critically discuss the legal and institutional issues of the GNSS. The issues considered will be based upon the discussions and conclusions recently reached within ICAO. The object of this thesis is to compare, contrast and criticise ICAO's international law-making propositions, related to GNSS, in the fight of the 'practical reality' varying from the users' demands and expectations, passing through the lack of practical experiences, to the USA monopoly as sole basic signal provider.
Whilst ICAO is undeniably a great contributor to global development of civil aviation, it seems that in the case of GNSS implementation, ICAO's role is limited by both its mandate, but equally a lack of political consensus upon potential 'solutions' to hypothetical problems.
The research is based on materials and documents available by the end of May 1997 and does not take into account the later developments in ICAO discussions.
50
Zur, Hausen Henning. « CRS regulations and the GATS ». Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22708.
Texte intégralRésumé :
In the course of the last decade, computer reservation systems have become the prime channel for the distribution of air transport services. While their benefits for consumers, travel agents and airlines are undisputed, CRS have caused considerable legal problems in both the CRS and the airline industries. As self-regulation did not prove to be effective, different authorities have issued instruments addressing the relevant issues.After a brief presentation of the CRS industry and of the main legal problems, the first part of this thesis will give a detailed analysis of three major CRS regulations: The Regulations on Carrier-Owned Computer Reservation Systems, issued by the United States Department of Transportation, the EEC Council Regulation on a code of conduct for computerized reservation systems and the Code of Conduct for the Regulation and Operation of Computer Reservation Systems, adopted by ICAO.
The second part will deal with the General Agreement on Trade in Services, which forms part of the GATT and which will be applicable to CRS services. General remarks about services will be followed by an analysis of the GATS, emphasizing provisions which could be of relevance for the operation of CRS.
The concluding third part of the thesis will comment on the impact of GATS on the CRS industry, on its suitability as a world-wide regime for the operation of CRS and on the relationship between GATS and ICAO.