In August 2003, the United States resumed the sharing of real-time intelligence with Colombia, information that will be used by Colombia to shoot down aircraft engaged in drug trafficking. A similar program with Peru may restart soon. Such operations are part of the Air Bridge Denial Program (ABDP), a program that has been operating since the early 1990s designed to cut off the flow of drug out of the Andean Region of South America. / This thesis examines the history of the ABDP and the norms applicable to shootdown operations under the UN Charter, customary international law, the Chicago Convention, and human rights law to determine the specific limitations of the prohibition. International law generally prohibits the shootdown of international civil aircraft, and the nature of the shootdown operations can also have human rights implications. / This thesis then examines the circumstances under which international law would excuse an otherwise unlawful shootdown of a civil aircraft. Self-defense, the law of armed conflict and distress are ruled out as likely candidates for use in the legal justification of the shootdown of drug aircraft. / The best defense for the conduct of ABDP shootdowns is the defense of necessity as it exists under customary international law. The potential harm to the essential interests of States threatened by drug trafficking combined with the unique nature of the drug trade in the Andean Region is the ideal situation for the invocation of necessity and provides the most sound international legal justification for the conduct of shootdown operations in this context.

Air transportation is, by its very nature, one of the most international economic activities. However, the regulatory framework of international air transport services has for decades been dominated by narrow, nationalistic views. The increasing globalisation and trans-nationalisation of international trade in general and airline activities in particular question this status quo and puts pressure on the regulators to create a liberal framework, in which airlines can co-operate without impediments. / This thesis looks at the current trends in the liberalisation of international air transport services. In a first step, the world-wide developments are discussed, in particular "open skies" and regionalism. Then, by using the US-German civil aviation relations as an example, the methods and motives of liberalisation in a bilateral relationship are analysed. In a last step the driving forces behind liberalisation of air transport services are discussed, a new approach towards aviation is proposed and an outlook is given on the prospects for future aviation agreements.

The air transport regime, which was established under Bermuda I-type agreements, has been altered during the last two decades through the liberalization of international air transport. International air transport liberalization was initiated by the domestic deregulation of the US. After that, the US began exporting its liberalization policy to the international air transport market through liberal bilateral agreements. Since the early-1990's, the US has concluded numerous open skies agreements. Corresponding with the US liberalization policy, the EC initiated its regional liberalization and the EU achieved a fully open aviation market within the EU region through three liberalization packages. / While liberalization of air transport has been proceeding in the international market, Japan was seeking to amend the Japan-US Civil Air Transport Agreement of 1952, which was modeled on Bermuda I. The development of Japanese and US carriers made the agreement unsuitable for the reality of the Japan-US market. At the same time, the ambiguous capacity clauses of the agreement caused serious interpretive disputes. Japan was seeking a restrictive agreement while the US desired an open skies agreement. It became evident during air transport negotiations. / Japan and the US concluded an interim agreement in January 1998. The agreement of 1998 grants six carriers (three carriers for each country) unlimited third and fourth freedom rights and greatly liberalizes fifth freedom rights. The agreement also guarantees other Japan and US carriers very liberal third and fourth freedom rights and some limited fifth freedom rights. Furthermore, the agreement permits code-sharing in the Japan-US market for the first time. / Although the two countries managed to reach on agreement, Japan must amend the Japanese Aviation Act for more efficient code-sharing between Japan and US carriers and solve its serious airport congestion problem in order to expand services under the new agreement.

The Warsaw Convention represents the unification of important rules concerning private international carriage by air. The international community has agreed on those rules, ever since the appearance of the Warsaw Convention in 1929. Today, it would be chaotic for the air transport industry to operate without such a legal framework. In fact, the Warsaw instruments have been the pillars of harmonized international air transportation. However, the Warsaw System now faces a crisis, due to the fact that participants in the air transport industry consider the Warsaw Convention liability regime obsolete, inadequate and outdated. Both governments and air carriers have reacted against this obstacle by adopting unilateral actions in order to update the liability limits. Some of these unilateral actions have substantially increased the limits of liability; others have even considered their disappearance. In particular, IATA has recently adopted two agreements in which air carriers voluntarily waive the Warsaw Convention limits. At the same time, ICAO has presented for the approval of its Legal Committee, a draft text to modernize the Warsaw System. The intention of this proposal is to replace the Warsaw Convention with a new instrument that would modernize and harmonize the liability regime and other matters.

The spaceplane could be the most desirable form of space transportation in the next century. However, accompanying it are questions of whether a boundary is needed between airspace and outer space, and whether the current definition of 'space object' in the outer space treaties is adequate to include these hybrid vehicles This thesis concludes that the spaceplane does not portend the need for a boundary and that it will not require the development of a new definition. Chapter I describes some of the best known spaceplane initiatives. Chapters II and III, respectively, discuss the air law and space law regimes and arguments made for and against establishing a boundary between airspace and outer space. Chapter IV describes debates regarding the sufficiency of the term 'space object' as it is defined in the space law regime. Chapter V analyzes the impact that spaceplanes will have on the boundary and 'space object' debates.

This Thesis aims to examine recent efforts of the developing countries, within the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), to increase their participation in space activities and in particular, to develop their own indigenous space capabilities. The Thesis will demonstrate that the United Nations is not, given the present economic and political climate, the best forum within which the developing countries should try to develop space law. / Chapter 1 examines the main problems facing the developing countries in the transfer of space technology from the technologically advanced states. Chapter 2 examines the legal basis of their claims for greater cooperation. Chapter 3 examines the present debate within COPUOS where the developing countries are attempting to further develop international space law to their advantage. Chapter 4 suggests alternative routes which should be considered by the developing countries in order to work towards greater cooperation which will meet their needs.

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.

Foreign arbitral awards should be recognizable and enforceable. However, this is not always the case; they are recognizable and enforceable in some countries but not in others. Those countries that recognize and enforce awards are mostly developed countries, whereas those which do not are mainly developing countries. / This study compares and contrasts the recognition and enforcement of foreign arbitral awards in developed and developing countries with a view to discovering why they are recognizable and enforceable in some countries but not in others. In this study, the United States is representative of the developed countries, while Indonesia represents the developing countries. / Three factors determining whether or not foreign arbitral awards are recognizable and enforceable are identified in this study. They are the availability and adequacy of the legal framework, the attitude of the business community, and the attitude of the courts. The inquiry, accordingly, focuses on an examination of those factors in both countries. The examination reveals that the third factor is the determining element regarding the recognition and enforcement of foreign arbitral awards.

The aviation industry, by its very existence, has a tremendous impact on the global economy. As an integration of economic interests and international prestige, aviation triggers a large number of disputes and disagreements. This dissertation examines the regulatory aspects of international air transport disputes. / Chapter one acknowledges the existence and nature of international aviation disputes in its scope and, more importantly, recognizes some of the many causes of conflicts arising from such disputes. / The second chapter reviews chronologically dispute resolution attempts and analyses their effectiveness. Further, it examines the international bodies, governing treaties, and the available machinery for the resolution of aviation disputes. / The third chapter distinguishes the most influential multilateral and bilateral treaties in the field of aeronautics and presents the solutions for settlement of disputes promoted by ICAO. / Chapter four includes the variety of procedures found in international agreements on aviation and the examination of political, legal and economic means as the mechanisms for the settlement of disputes. / Chapter five establishes the recent proposals for the improvement of the current procedures governing the settlement of aviation disputes. Hence, it includes an analysis of the legislative measures of the European Union, the regulations of the World Trade Organization and the norms of North American Free Trade Agreement; all in view of their competence in resolving air transport conflicts. / The conclusion is a summary of the structure and the function of the existing aeronautical dispute settlement system and its future developments.

This thesis undertakes a critical assessment of a very topical and highly debated question in the development of EU competition law: does the European Merger Control Regulation apply to concentrations that result in collective (or joint respectively oligopolistic) dominance? And, if so, under what conditions? / The study suggests that the Merger Control Regulation does, indeed, cover cases of collective dominance. It recommends, however, that a proposed transaction should only be blocked on grounds of collective dominance if it raises substantive doubts that the transaction will create an anti-competitive market structure (like, for example, the Gencor/Lonrho case). Should the doubts not attain the required level, then a two-stage approach is suggested. The first stage would have to screen the proposed transaction as being reasonably capable of guaranteeing a competitive environment (despite the initial doubts as to the collective dominance issue). The second stage would be opened only if the Commission has legitimate reasons to believe that the firms concerned are effectively involved in either concerted practices (Art. 85 EEC Treaty) or in a collective abuse of a dominant position (Art. 86). Interestingly, the Commission seems to have adopted a similar approach in some of the latest border-line cases. After an extensive analysis of the landmark decision Nestle/Perrier, this thesis finds that the described two-stage approach would also have been appropriate in this case.