This thesis deals with the problems of conflict of labour laws in international air transport, in the context of U.S. judicial practice in relation to the constitutional law-based labour statutes, employment accident statutes and labour management relation laws. / The first chapter provides an overview of the methodology adopted in conflict of labour laws under the U.S. jurisprudence, mainly focusing on the balancing-of-interests technique crystallised through precedents. The compatibility problem involved in dealing with conflicts within international airline industry is also briefly discussed. / A detailed review of different categories of labour statutes in later chapters reveals specific conflict of laws problems that could not be solved through any single rule, especially when in international air transport setting. The divergence between domestic labour statutes and Treaties of Friendship, Commerce and Navigation or Air Transport Agreements also create subtle circumstance. All these point to the conflict of labour laws in international air transport as a relatively unexplored sphere, and the desirability of international unification of certain principles. / The implications for the rather unique case of Taiwan are explored in chapter 5.

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.

The purpose of this paper is to examine the international regime governing aircraft accident investigation while focusing on its various shortcomings and weaknesses. / Weakened by the international legal nature of the Chicago Convention and by limitations voluntarily inflicted by its authors, Article 26 of the Convention and Annex 13 are unable to offer aircraft accident investigation a sufficient basis for a reliable and unified legal regime. / Consequently, the questions pertaining to accident investigation are regulated by the various domestic laws, which leads to unavoidable conflicts of interests and tends to ruin the effort of co-operation. / Although envisaged under a bilateral or regional form, a global approach to safety of civil aviation should be favoured to solve these conflicts and strengthen the current legal regime. Such international co-operation seems to stand better chances of achievement within the International Civil Aviation Organisation.

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.