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.

Since 1944, the International Civil Aviation Organization (I.C.A.O.) has the mandate to create and to adopt safety standards for the benefit of all Member States and for the safe operation of the air navigation. It is essential, for the air transport overall success, that each country respects those standards and strongly implement them. However, some Member States do not indicate their differences to those standards. This unstable situation has pushed certain states to adopt unilateral action against those countries that do not respect international standards. Indeed, they will not emit an operation permit to any country that does not comply with the I.C.A.O.'s minimal standards. / Accordingly, some official actions had to be taken by the (I.C.A.O.) In October 1994, the Organization established the safety oversight program, which mandate was to identify Member States' difficulties regarding air operation and give them assistance to help them resolve their difficulties. Our thesis work will identify the events leading to the application of this new program and explain the general structure of it. Finally, we will overlook the next steps of the I.C.A.O.'s program. Some commentary on the I.C.A.O.'s program will be offered throughout this thesis.

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.

Member Countries of the Andean Community (ANCOM) have established a supranational legal regime applicable to intra and extra-subregional air transport activities: the Andean Subregional Air Transport Integration system. This regime was established by Decisions 297 and 320 and was based on the Colombia-Venezuela Bilateral Air Transport Agreement. It revolutionizes the status quo regarding air transport. The new regime adopts the principles of multiple designation of air carriers, free determination of frequencies and capacities for scheduled air services performed with the Subregion, and complete liberalization for non-scheduled air services. It creates an "Andean subregional market" and promotes the establishment of a "common" position for negotiating intra and extra-regional fifth freedom. / Member Countries have been unresponsive in updating their bilateral agreements vis-a-vis the regime set by Decisions 297 and 320. This situation makes the application and healthy development of the Andean Subregional Air Transport Integration process difficult. / In order to avoid these difficulties, Member Countries shall apply the supranational principles contained in Decisions 297 and 320 and update their bilateral agreements. (Abstract shortened by UMI.)

In Swiss law the buyer's remedies for breach of warranty of quality remedies are different in many respects from his other contractual remedies. The aim of this thesis is to show that it is not a necessity but rather a source of confusion for the Swiss legal system to have special remedies for breach of warranty. General contract remedies could very effectively and rationally compensate buyers for breaches of quality warranties. To achieve this aim this study starts by analysing the historical reasons for the adoption of special warranty remedies. In its second half it compares each warranty remedy found in the Swiss Code of obligations with its equivalent in three recent legal systems: Quebec law, the Uniform Commercial Code of the United States and the United Nations 1980 Convention on Contracts for the International Sale of Goods.

Traditionally, American courts refused to enforce foreign forum selection clauses as against public policy. / This doctrine was abandoned in 1972 in the Bremen, where the United States Supreme Court established the presumption of validity of foreign forum selection clauses. However, the enforceability of such clauses is subject to certain exceptions which relate to particular applications of the general principles of contract law. / The Bremen analysis was modified in 1991, when the Supreme Court decided Carnival Cruise, which limited the scope of such exceptions and strengthened the presumption of validity of forum selection clauses. / In 1995, the Supreme Court decided Sky Reefer, overruling the lower court decision in Indussa, and extending the presumption of validity of foreign forum selection clauses to maritime bills of lading subject to the Carriage of Goods by Sea Act (COGSA).

The United Nations Convention on International Multimodal Transport of Goods of 24th May 1980 is an appropriate answer to the legal and political problems raised by through carriage and containerisation. / Traditionally, when goods were transferred from one mode to another they were also transferred to a new legal regime. There was no coherent legal regime governing carrier liability for goods moving in multimodal transport. The Convention creates a new liability system and confer international legal sanction on the responsibilities and immunities flowing from the multimodal transport contract. / The Convention compromises between the needs of developing countries--who called for provisions on regulation and control of multimodal operations at the domestic level--and the demands of developed countries--who wanted the convention to deal primarily with private law matters and pointed to the danger of conflicts with modal conventions. / The Convention is not yet in force but its provisions are the basis of current through carriage contracts.

The new ICAO CNS/ATM (Communication, Navigation, Surveillance/Air Traffic Management) concept, based on satellite use, entails globalisation of these new air navigation systems. / Concerning the communications, the concept's architecture includes those for security as well as administrative communications of airlines and public correspondence of passengers. / From this point of view, the requested globalisation will lead to regulatory and institutional changes, especially for non-security communications as they are regulated by each State overflown, according to Article 30 of the Chicago Convention. / Every legal solution, of course, must take into account the chosen technology. In this domain, the experience of INMARSAT, with the mobile maritime communications by satellites, will be of tremendous importance. / A period of transition, with regional initiatives, will be necessary too before the general implementation of the CNS/ATM concept.

Arguably one of the most aggressive financial and technological undertakings of recent years, the development of Global Mobile Personal Communications Services (GMPCS) and the supporting network infrastructures world-wide, has been the source of numerous issues and conflicts both legally and politically. The intentions of private enterprise to construct and operate satellite systems capable of providing service literally anywhere in the world has created a somewhat adverse political environment internationally, not to mention a supporting regulatory and legal structure completely devoid of definition. The present manuscript focuses to examine and discuss both the regulatory and legal issues surrounding GMPCS and their evolution towards globally accepted standards and protocols for the effective regulation and technical standardization of the GMPCS industry. Through identification and discussion of the principal regulatory issues, including concerns voiced by national telecommunications administrations, we can begin to seek solutions which will satisfy the diverse global nature of these proposed operations. By further examining pre-existing commitments of nations to liberalize telecommunications markets under the GATS and WTO, we go on to examine the interests of nations to accommodate and/or reject the global nature of GMPCS inclusive of the financial and social impact which the systems promise to impose.

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.