From 2004 to the present the United States Government has employed drones for cross-border law enforcement purposes in the sovereign territory of Pakistan. Various opinions exist as to whether the US is justified in its intrusion into the territory of another sovereign state. Matters regarding to both the integrity of territorial sovereignty and the use of force by a foreign country within the sovereign domain of another state are confirmed by both customary and treaty law. The United States and Pakistan are both parties to the two treaties that enshrine the principle of sovereignty - the UN Charter and the Chicago Convention of 1944. Drones are being used increasingly by governments and private individuals for a host of reasons, ranging from military aggression to aerial recreation. They fulfil various military and useful other tasks, with the result that they are becoming increasingly indispensable. But, as with all technological innovations, the beneficial aspects of these inventions are counterbalanced by the aggressive and destructive use that can be made of them. Some see the employment of drones for military purposes, such as the elimination of terrorist leaders linked to Al Qaeda in Pakistan, as preferable to whole scale destructive warfare. By the same token though, the argument can be made that the reasoning offered to justify intrusions into the sovereign territory of another state is insubstantial to the point of being dispensable and that the abuse of drones as weapons on these insubstantial grounds thereby becomes a real threat to civilised society and to international peace and security. The purpose - and burden - of this study are to debate the legality and the justifications for the use of drones for law enforcement (seemingly military) purposes by the United States in the sovereign territory of Pakistan. A clear view of the permissibility and legality of this campaign in Pakistan is of considerable consequence to other countries that could find their sovereignty compromised. Two essential ‘tools’ used to establish legal clarity in this matter are the Chicago Convention of 1944 and the UN Charter of 1945. The relevant provisions of these international agreements will therefore be studied in detail. Both these conventions were signed by Pakistan and the United States, and both contain provisions protecting the territorial integrity and sovereignty of states. Reference will additionally be made to the Vienna Convention on the Law of Treaties in order to interpret the provisions of the Chicago Convention which is viewed by some as appropriate to regulate drone warfare. The writer intends to use this Convention to show that the applicability of the Chicago Convention may be open to dispute and that, instead, cross-border drone operations and the protection of aerial sovereignty depend on the purport of article 2(4) of the UN Charter and the customary principle of aerial sovereignty. Therefore, the need to thoroughly examine and understand the concepts of the so-called ‘war on terror’ and the principle of preemptive self-defence is considered critical for the purpose in hand, as the United States uses these elements as justification for their infringement of Pakistani sovereign territory and their cross-border use of force in drone operations. These matters will, therefore, receive appropriate attention by reference to the relevant provisions in the UN Charter as well as the principles set out in international case law dealing with the subject matter. / Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / LLM / Unrestricted

The international air transportation industry has historically been a paradox. While the industry enables globalization, historically, the international air transportation regulatory regime has been largely mired in protectionism. This restrictive regime was developed by national actors, who either owned or heavily subsidized their domestic carriers, and guarded their interests very closely, thus insulating the industry from large levels of foreign competition. This paradox of international air transportation continued until the development of convergence in regulatory policy through the 2007 ‘open skies-plus’ air transportation agreement between the United States (US) and the European Union (EU). This thesis examines the developmental process of this agreement as an examination of policy convergence theory, in order identify the explanatory powers leading to the formation of the ‘open skies-plus’ agreement. To identify the explanatory powers, a comparative analysis is established, using two historical reference points, t(0) and t(1), as case studies. This thesis uses two mechanisms for the development of policy convergence, international harmonization and regulatory competition, to identify why the convergence took place at this specific time and why it was set at this specific level of regulation. Using these mechanisms, the 2002 European Court of Justice (ECJ) ‘open skies’ ruling is identified as the explanatory power for the convergence of policy in this field, and the precedent set by the previous bilateral agreement between the US and the Netherlands is identified as establishing the standards of regulation in the 2007 ‘open skies-plus’ agreement. The thesis concludes with an examination of the prospects for further liberalization of transatlantic air transportation, as well as recommendations for the continued development of the field.

The international air transportation industry has historically been a paradox. While the industry enables globalization, historically, the international air transportation regulatory regime has been largely mired in protectionism. This restrictive regime was developed by national actors, who either owned or heavily subsidized their domestic carriers, and guarded their interests very closely, thus insulating the industry from large levels of foreign competition. This paradox of international air transportation continued until the development of convergence in regulatory policy through the 2007 ‘open skies-plus’ air transportation agreement between the United States (US) and the European Union (EU). This thesis examines the developmental process of this agreement as an examination of policy convergence theory, in order identify the explanatory powers leading to the formation of the ‘open skies-plus’ agreement. To identify the explanatory powers, a comparative analysis is established, using two historical reference points, t(0) and t(1), as case studies. This thesis uses two mechanisms for the development of policy convergence, international harmonization and regulatory competition, to identify why the convergence took place at this specific time and why it was set at this specific level of regulation. Using these mechanisms, the 2002 European Court of Justice (ECJ) ‘open skies’ ruling is identified as the explanatory power for the convergence of policy in this field, and the precedent set by the previous bilateral agreement between the US and the Netherlands is identified as establishing the standards of regulation in the 2007 ‘open skies-plus’ agreement. The thesis concludes with an examination of the prospects for further liberalization of transatlantic air transportation, as well as recommendations for the continued development of the field.

The international air transportation industry has historically been a paradox. While the industry enables globalization, historically, the international air transportation regulatory regime has been largely mired in protectionism. This restrictive regime was developed by national actors, who either owned or heavily subsidized their domestic carriers, and guarded their interests very closely, thus insulating the industry from large levels of foreign competition. This paradox of international air transportation continued until the development of convergence in regulatory policy through the 2007 ‘open skies-plus’ air transportation agreement between the United States (US) and the European Union (EU). This thesis examines the developmental process of this agreement as an examination of policy convergence theory, in order identify the explanatory powers leading to the formation of the ‘open skies-plus’ agreement. To identify the explanatory powers, a comparative analysis is established, using two historical reference points, t(0) and t(1), as case studies. This thesis uses two mechanisms for the development of policy convergence, international harmonization and regulatory competition, to identify why the convergence took place at this specific time and why it was set at this specific level of regulation. Using these mechanisms, the 2002 European Court of Justice (ECJ) ‘open skies’ ruling is identified as the explanatory power for the convergence of policy in this field, and the precedent set by the previous bilateral agreement between the US and the Netherlands is identified as establishing the standards of regulation in the 2007 ‘open skies-plus’ agreement. The thesis concludes with an examination of the prospects for further liberalization of transatlantic air transportation, as well as recommendations for the continued development of the field. / Arts, Faculty of / Central Eastern Northern European Studies, Department of / Graduate

This dissertation deals with international transport law and looks at the development of bilateral air service agreements governing international scheduled flights from their inception after the Chicago Conference of 1944 until the present day. The Chicago Conference left a legacy of separation in airline services. Scheduled and nonscheduled flights came into existence and bilateral agreements are needed to regulate international scheduled services. The relationship between the state and its designated airline forms the pivot of the bilateral relationship. However, the aviation relationship between state and airline and between states inter se face challenges as globalisation and development take place in the air transport industry. New methods of cooperation now exist which need to be adapted to suit the needs of individual countries and airlines. South Africa has accepted the challenges of development and undertaken modern methods of cooperation such as code-sharing. / Law / LL.M.

This dissertation deals with international transport law and looks at the development of bilateral air service agreements governing international scheduled flights from their inception after the Chicago Conference of 1944 until the present day. The Chicago Conference left a legacy of separation in airline services. Scheduled and nonscheduled flights came into existence and bilateral agreements are needed to regulate international scheduled services. The relationship between the state and its designated airline forms the pivot of the bilateral relationship. However, the aviation relationship between state and airline and between states inter se face challenges as globalisation and development take place in the air transport industry. New methods of cooperation now exist which need to be adapted to suit the needs of individual countries and airlines. South Africa has accepted the challenges of development and undertaken modern methods of cooperation such as code-sharing. / Law / LL.M.

The rapid increase and popularity of Unmanned Aircraft Systems (UAS) in civil usage around the world is due to their versatility. With advancement in technology across the globe, there are UAS of different sizes and capabilities in the market. It is imperative to note that the use and operation of UAS have numerous merits and equally, potentially poses serious risks to aviation safety, unlawful interference with States’ security as well as invasion of the privacy of persons. This reality poses a challenge to integration of UAS into the civil airspaces of different States. Accordingly, the international community developed the Chicago Convention that provides the principal framework to address the threefold concerns. At the international level, however, there is lack of a unified system of regulation of UAS. Consequently, the Chicago Convention requires States to develop national institutions and legal frameworks to not only effectively address these concerns, but also create a delicate balance between national security and right to privacy. This thesis evaluates how the legal, institutional and policy frameworks for UAS in the US, South Africa and Kenya have addressed the current needs and challenges in operation and integrating them into regulatory frameworks for civil aviation. It follows that the three States have developed constitutional frameworks, legislation, regulations, policies and strategic plans as they seek to address the challenges that emanate from integrating UAS into the civil aviation airspace. This encompasses ineffective enforcement mechanism of regulations. The thesis maps out experiences of integration in the three countries, emanating from research goals including investigating the extent to which existing international regulatory frameworks address the threefold concerns. The study establishes that the common thread running through UAS regulation is each country’s unique issues and paths to integration. Additionally, that the approach for integration of UAS into civil aviation needs be gradual and pragmatic. For this reason, this thesis recommends the development of institutional capacity, coordination and funding, and increase in regional efforts to revamp UAS integration efforts into civil aviation. / Public, Constitutional, and International Law / LL. D. (Public, Constitutional and International Law)