The International System of Air Transport Regulation, consisting of ICAO's essentially technical regulation, IATA's tariff and services coordination functions and the dense network of Bilateral Agreements might be challenged and profoundly modified by recent developments in the law of the European Communities. / In the framework of the creation of the European Internal Market, to be achieved before 1993, the European civil aviation industry is submitted to an accelerated integration and liberalization process. It comprises the opening of national markets to all Community carriers, the application of a common competition regime to all EEC-related flights and the transfer of regulatory functions to the EEC institutions. The EEC might, at the end of this process, acquire exclusive competences for the regulation of interior and exterior aviation matters. / The structure of the International System of Air Transport Regulation and the European air law in place and in the planning stage have to be analyzed with the aim of exploring the compatibility of the European Integrated Air Market with global legal requirements. Where the International system as well as the EEC legal order show imbalances or come into conflict potential solutions are studied.

Global Navigation Satellite Systems (GNSS) are a key component of the ICAO Communication Navigation Surveillance---Air Traffic Management (CNS/ATM) system. The fact that GPS and GLONASS, currently the only systems that partially meet the requirements for ICAO's GNSS, are military systems owned, operated and controlled by the US and the Russian Federation raises several institutional and legal issues for civil aviation. / This thesis will present the institutional and legal issues of the GNSS which have been recently discussed in the framework of ICAO. The certification issue to ensure the safety of civil aviation will be considered. The possibility of the legal system for the existing GNSS will correspondingly be examined. / The thesis will also discuss the impact on developing countries in respect of utilizing the existing GNSS as a sole-means navigation system in considering whether a guarantee of quality and continuity of the services in long term is needed, and if so which alternative it is likely to take. Finally, the CNS/ATM trials and implementation plan of Thailand will be presented in order to illustrate the inclination with which the developing countries are going through.

The thesis traces the concepts of such crimes under international law as genocide and crimes against humanity, of individual and collective responsibility for these crimes, and identifies the place of crimes of former communist regimes in Central and Eastern Europe among them. The thesis examines the sources of a duty to investigate and to punish human rights violations of a prior regime in international treaty and customary law which is not affected by a succession of States. An analysis of different methods by which post-communist democracies of Central and Eastern Europe come to terms with their past gives evidence of lustration (screening); condemning a previous regime and banning its ruling party as a criminal organization, and criminal proceedings against Communist Party officials. With specific reference to the example of Ukraine, where there exist valid grounds for accountability of the previous communist regime, it is argued that during the transitional period, justice could be achieved by way of outlawing the Communist Party of Ukraine. The accountability of the previous communist regime would be much facilitated by involving international law standards and international investigating bodies.

Since the 1930's several International Organizations and the State of Argentina have attempted to draft an International Convention on Air Traffic Control Liability. All such attempts, however, failed. / Although justified reasons favoured an International Agreement on the subject-matter, it seems that the reasons for the failures of these different Drafts are very understandable. Among them is that if States do ratify an Air Traffic Control Liability Convention, it will automatically infringe a part of their sovereignty. / Despite the fact that a subject as important as this one requires careful study, it cannot be said that it has not been properly addressed, and it is evident that final conclusions can now be reached. An international solution should be abandoned. Two possibilities remain, as a compromise for the unification of laws in that matter, that is either a regional agreement among the different regions of the World or a Model Agreement which States would implement in their national laws. Conflict of laws and reliance upon a specified regulation of the subject-matter may be an even better solution.

It is now common that amendments to the Chicago Convention are adopted unanimously, or almost unanimously, and at a relatively great speed by the General Assembly of the International Civil Aviation Organization (ICAO). Unfortunately, the pace of their ratification by the member States is extremely slow and it delays considerably their entry into force. The first part of this thesis tries to identify, on the one hand, different mechanisms which could accelerate the process of ratification and therefore the entry into force of amendments and, on the other hand, describes the procedure that would maintain the unity and homogeneity of the legal framework of the Chicago Convention. / ICAO is aware that several member States fail to notify differences between their own regulations and the annexes to the Chicago Convention and do not implement in their national legislation the international standards which they did not disapprove. This failure of the quasi-legislative function of ICAO may endanger the safety of the international civil aviation. The second part of this thesis describes various mechanisms of control which ICAO could adopt in order to identify the violations of international obligations by its member States and to urge them to observe its international standards. ICAO has to secure a high degree of uniformity in regulations between its member States. Otherwise, it may lose its role as leader in international civil aviation to regional organizations.

Since the early 1960s, some scholars of international commercial law and arbitration have begun to introduce new sources of law, other than domestic law, for international transactions. This is the result of two factors: (1) the immense growth of transnational contracts; and (2) their distinctive nature. / This line of thought generated a lively battle over delocalization or domestication of transborder contract which still exists today. Scholars of different legal systems have introduced diverse theories including that of lex mercatoria which has received considerable attention. The controversy is not merely over the terminology, but also concerns the complex issue of the delocalization of substantive law in international commercial dispute resolution. A few scholars have maintained that this idea constitutes a third legal system described as a transnational legal system, in addition to the national and international systems. In turn, opponents claim that such a substantive law exists, if at all, only within the ambit of domestic jurisdiction. / The main theme of the present study is to identify the major schools of thought with respect to the theory of new lex mercatoria, and then to trace its influence and impact on scholarly writings, national and international legislation, transnational practices, and case law.

This thesis broadly seeks to present some relevant legal aspects concerning Flight Information Regions (FIRs) and to analyze State responsibility vis-a-vis FIRs, as well as liability incurred by States on account of acts and omissions while discharging their responsibilities. / The first part of this thesis is a presentation of the international rules and regulations applicable to FIRs, their legal implications and the extent to which they create obligations for States. / Some relevant problems (accidents, airspace congestion, unlawful interference) likely to present an additional challenge for the discharge of responsibilities with regard to FIRs are also considered. / Settlement of differences between States deserves special attention and is discussed in the light of the judicial machinery provided under the Chicago Convention 1944. / Finally, the liability of States is analyzed and the need for a strict liability regime and a policy of risk management is considered.

In 1986, Quebec adopted the Act to amend the Civil Code and the Code of Civil Procedure in respect of Arbitration and thereby established a new and modern regime for contractual arbitration. The new regime includes provisions to facilitate execution in Quebec of arbitral awards rendered outside the province. / This thesis deals with certain aspects of the new regime, comparing it with the well-established French law of arbitration, which has abundant caselaw covering both domestic and international arbitration. Emphasis is placed on the manner in which Quebec courts have applied the new arbitration law in comparison with French judicial practice. / The first part of the thesis deals with domestic arbitration, focussing on contractual and jurisdictional issues. This is done through an examination of the arbitration agreement, the arbitration procedure, the award, as well as the execution of the award and remedies to set it aside. / International arbitration is treated in the second part. The definition of international arbitration, the validity and autonomy of the arbitration agreement, the choice of law relating to the procedure and the dispute itself are reviewed, as is the execution of foreign awards--that is, those rendered outside Quebec or rendered in Quebec but in the context of an international dispute.

The dawn of aviation may have been universally ushered in on 4 June 1783 when two French brothers--Joseph and Etienne Montgolfier--in a pioneering effort, publicly flew their self-made hot-air balloon (built with linen and paper) up to about 1,830 metres: but for many centuries before then, English law had regulated the delictual relations of its subjects in England and its other realms beyond the Seas, including Canada. / With the ever-changing circumstances of the World, engendered particularly by developments in science and technology, as by inconstancy in the socio-political disposition of Mankind, the adaptability of the said regulatory scheme assumes a perennially major focal point within the legal systems concerned. / This thesis reviews the modus operandi of the adaptation of Anglo-Canadian tort law to the uses of aviation, in the context of associated damages occasioned to persons and property on the Earth-surface.

The 1st of April, 1980 is a landmark date for the peoples of Southern Africa, for the SOUTHERN AFRICAN DEVELOPMENT COORDINATION CONFERENCE--SADCC--came into being on that day in Lusaka. At first sight, SADCC would seem to be an organization like others scattered all over the African continent and aiming at common development. However, although it can be compared with others in terms of objectives and organisation, new elements have emerged since its inception: modest short-term objectives, and ambitious long-term ones; a light organizational structure, and a commitment of the Governments involved to achieve the goals. / One can ask what the trends in Civil Aviation are, given this background. This thesis presents a study not with the aim to fully respond to the question above, but to identify the path followed by Civil Aviation as a component of the integrated development sought by SADCC countries. For this purpose, special attention will be paid to the SOUTHERN AFRICA TRANSPORT AND COMMUNICATIONS COMMISSION--SATCC.