One of the fundamental principles of the Chicago Convention is the principle of nationality of aircraft. It is the means by which the Convention attaches most of the rights and obligations that it creates to aircraft and state of registry, irrespective of who owns or operates the aircraft. Yet the rules of the Convention on nationality and registration can give rise to serious practical problems when an aircraft registered in one state is cooperatively arranged to be operated by an operator belonging to another state. / This thesis takes a closer look at the principle of nationality of aircraft in international aviation law and gives an outline of the history of this concept. Further, it explains how nowadays this principle is applied to aircraft operated by international operating agencies, and to aircraft registered in one state and leased, chartered or inter-changed by operators belonging to other states. / The concept of 'nationality of aircraft' should not be confused with the concept of 'nationality of airlines'. Another part of my thesis is dedicated to this concept of 'nationality of airlines', which is of major importance in aviation too. / This part contains a general explanation on this concept as well as some examples of the ownership and control requirements in different national laws. Besides introducing the Community Air Carrier concept, it focusses on the question if the ownership and control clauses included in bilateral agreements are compatible with today's trend towards global carriers and international mergers. (Abstract shortened by UMI.)
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.26442 |
| Date | January 1994 |
| Creators | Dikkerboom, Anneloes |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001426510, proquestno: MM99992, Theses scanned by UMI/ProQuest. |
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