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Les passagers perturbateurs : perspectives juridiquesSchrenzel, Guy. January 1999 (has links)
More and more frequently, incidents caused by passengers occur on board commercial aircraft. Disruptive passengers behaviour varies from case to case. They can consist for example in being abusive towards crew members or other fellow passengers, in refusing to follow safety instructions or even in committing acts of violence against persons on board. All these behavioural patterns often jeopardize aviation safety. Airlines have recently become aware of the seriousness of this phenomenon and of the danger it can be for safety. ICAO itself has put a study group in charge of evaluating the situation and making suggestions. The following study analyses at first the answers given to the problem of disruptive passengers by the international conventions related to aviation safety while pointing out that these solutions yet contain serious loopholes. It then examines the question of the airlines liability resulting from acts committed by disruptive passengers and, briefly, the disruptive passengers liability towards the victims of their acts. / Finally, after a brief overview of the solutions given by U.S. law, the following study addresses the question of the need of a new international instrument.
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Responsibility of the United Nations for breach of rules of self-determination : a case study of Eritrea and the United NationsAraya, Yosief Alazar. January 2001 (has links)
The thesis argues for holding the United Nations responsible for violation of rules of self-determination in the same manner it has been responsible for infringement of humanitarian norms. The position stems from the decision of the International Court of Justice that held the United Nations has duties corresponding to its rights. By the analogously application of the rules of state responsibility, the United Nations is responsible for breach of rules of self-determination in the de-colonization process of Eritrea. The responsibility of the organization emanates from an imposition of a lopsided resolution. The resolution gave more weight to political and strategic interests while setting aside 'genuine and free will' of the people of Eritrea. The United Nations is also responsible for omission of its duty when Ethiopia abrogated the federal scheme in violations of international law. The thesis concludes by saying the world organization has legal and moral duties to make reparation to the people of Eritrea.
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Regulatory changes affecting satellite communications in the late 1990s, for the benefit and in the interests of all countries?Salin, Patrick A. January 1997 (has links)
This Thesis is divided into three parts. First, it discusses the international setting of satellite communications, presenting the diversity of their legal regimes. It then addresses, in two subsequent parts, the two major regulatory markets which are moulding the evolution of the international setting of space-based communications. In a second part, it presents North-America which was the inceptor of the deregulation trend and of the LEO systems and which firmly holds the lead of the regulatory trend. Then, it addresses Western Europe which is attempting to exert a part of the control of the evolution of the LEO lion's share in a context of US regulatory and technical dominance. / The outcome of this Thesis is multifold. The accent is given all along on the changes affecting the regulatory environment of space-based communications within space-law concepts and stresses the dominant relationship between state regulators and their corporate partners, with a constant questioning on the leeway that seems to characterise the evolution of the law of space applications. (Abstract shortened by UMI.)
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La lettre de crédit stand-by en droit commercial international privé /Trudeau, Paul R. January 1989 (has links)
The documentary credit or letter of credit is and has been for many centuries a fundamental instrument of international commerce. The characteristics of simplicity of use and of legendary reliability found in this mechanism of payment have induced the parties involved in world trade to use it as a guarantee to the execution of all kinds of legal obligations such as the full completion of construction work, financing, payment of customs duties or taxes, judicial bonds and even promises of marriage. / This master's thesis specifically concerns letters of credit used as a guarantee which are called in the trade "stand-by letters of credit". The first title presents the instrument in a practical context illustrating its principles with examples. The second title examines the legal aspects as such of the stand-by letter of credit while trying to circumscribe the nature of the instrument in law. Finally, in the third title, the cases where the functions and integrity of the instrument are tested are studied thereby identifying the legal strength of stand-by letters of credit recognized by the courts of different jurisdictions. / This study has enabled me to discover that this instrument is not as well suited to be a guarantee than it is to be a payment mechanism. In fact, its principles of function which are assets when used as a payment can become sources of flagrant injustice in the eyes of courts of certain jurisdictions when used as a guarantee.
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Artificial space debris and international lawFortin, Pierre, 1960- January 1990 (has links)
In just three decades of human exploration and utilization of outer space, an unwanted legacy of thousands of artificial space debris has been left behind. / The purpose of this thesis is to analyse the appropriate technical aspects of the artificial space debris issue and to explore the legal ramifications of the question. / The first chapter is devoted to the technical aspects and covers topics such as the origins and location of artificial space debris, the hazards they constitute, the anticipated damage that might be caused by such debris and the likelihood of its occurrence. / In the second chapter, the legal aspects are explored by first looking at space law generally. A brief historical perspective of space law as well as the role of the United Nations in the making of space law is offered. Space law as it relates to the space debris issue is then analysed by first trying to define terms such as "space object", "component parts" and "space debris". Particular emphasis is then placed on issues like jurisdiction and control over space debris, international responsibility for space debris, their identification and, finally, liability for damage caused by space debris.
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Responsibility and liability in general public international law and in the law of outer spaceLowe, Sabine January 1992 (has links)
Just as the actions of individuals often conflict with the legally protected interests of others, States may embark on activities which jeopardize the integrity of other States' rights. The new relationship evolving between the risk-creators and the potential victims is governed by social responsibilities as well as rules of law. / In the first part of the thesis, the concept of responsibility for internationally wrongful acts is contrasted with that of liability sine delicto. The examination seeks to define the principles upon which each is based and to determine the respective legal significance, scope and applicability. The analysis of both concepts is guided and influenced by the work of the International Law Commission. / The second part focusses on the law of outer space. A scrutiny of the relevant norms reveals which stage of development this fairly new subdivision of international law has reached with regard to responsibility and liability.
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Les institutions et aspects juridiques relatifs au contrôle aérien en Europe : EurocontrolSaillard, Sébastien January 1992 (has links)
The European Organization for the Safety of Air Navigation (Eurocontrol) was created in 1960 for the centralization and harmonization of air traffic control, to meet the new requirements of increasing air traffic. The primary functions of Eurocontrol were modified because of the reluctance of several European member States to transfer their control on ATC. But air traffic was still increasing and is deemed to increase until the next century. The problem remains unsolved. Today, a new political trend in favor of Eurocontrol is emerging. This trend is shared by most of the European States as well as other organizations as the European Community and the European Civil Aviation Conference. / The main legal aspects of Eurocontrol are analysed in this thesis, as well as its cooperation with other organizations involved. Eventually, the future of Eurocontrol is analyzed with respect to future air navigation systems (FANS) based on satellite technology.
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Liberalisation of air transport in the EEC and its implication for non-EEC European countriesHacket, George T. (George Terence) January 1992 (has links)
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.
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The applicable law to international commercial contracts : harmonization perspectives between civil and common law?Alem, Mohammed Y. January 1991 (has links)
There seems to be wide acceptance of the idea that divergencies between legal systems give rise to disadvantages. These divergencies are, and have always been, regarded as inconveniences to overcome, particularily between the Civil and Common Law traditions, which present quite diverging points of view in the way the Law is thought. Today, one criterion of evaluating any harmonization of international legal norms is the extent to which the effort enhances certainty, a quality much appreciated in the field of international commercial contracts. / In fact, today, there is a detectable effort on the international level to harmonize the laws, especially in relevance to international contracts, in order to provide a better environment for world trade. / When we decided to go through this subject, we had in mind the importance of understanding this harmonization tendency on the international sphere. That may be the reason why we have tried, in this thesis, to expose the harmonization process adopted by some recent conventions. Our purpose was to prove that, even though differences and disparities may exist, as long as there is a uniform tendency toward social and cultural uniformity, one might predict that these divergencies would eventually even out. We see in this tendency an indication of the convergence of the Common and Civil Law toward the same destination: make this world a better place.
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The Warsaw system : why Thailand should become a partyLeepuengtham, Tosaporn January 1993 (has links)
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.
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