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This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).
List of contents
How not to make rules.- Can ICAO make laws or deliver judgments?.- How to make rules.- Principles of rulemaking.- Judicial review of rulemaking and administrative action.- Interpretation of air transport rules, treaties and guidance material.- Conclusion.
About the author
Dr. Ruwantissa Abeyratne has worked in the field of aviation law and management for over thirty years. He is currently President/CEO of Global Aviation Consultancies Inc., and Senior Associate, Air Law and Policy at Aviation Strategies International, both of which are consultancies headquartered in Montreal. At retirement from the International Civil Aviation Organization after 23 years of service at various senior positions in air transport and air law, Dr. Abeyratne was Senior Legal Officer, heading the Treaty Office of ICAO. He also advised States on their registration and depository obligations with regard to international treaties and their adherence thereto and was General Counsel for ICAO staff members. Prior to his service at ICAO, Dr. Abeyratne was, for 8 years at Airlanka, serving the airline as Chief Coordinator and Head of International Relations and Insurance.
Dr. Abeyratne, holds the degree of doctor of civil laws (DCL) from McGill University, the degree of doctor of philosophy (PhD) from the University of Colombo, the degree of master of laws (LL.M) from Monash University, Victoria, Australia, and the degree of bachelor of laws (LL.B) from the University of Colombo. He is an ICAO TRANAIR certified instructor.
Dr. Abeyratne is the author of approx. 30 books and more than 400 papers in academic and professional journals and edited volumes. His professional reputation rests largely on work in aerospace law, diplomacy and economics.
Dr. Abeyratne’s current academic research is focused on air transport economics and aviation and climate change.
Dr. Abeyratne holds an impressive record of teaching at graduate level for 22 years in the field of international law and relations and public policy.
He is a fellow of both the Royal Aeronautical Society and the Chartered Institute of Logistics and Transport and a member of the International Trade Law and Space Law Committees of the International Law Association. Dr. Abeyratne is also a member of editorial boards of several international law journals.
Summary
This book embarks on a discussion of rulemaking in air transport, its processes and legalities, starting with a deconstruction of work carried out at the time of writing in various fields of air transport by the International Civil Aviation Organization (ICAO) which should be at the apex of rulemaking. This initial discussion, which demonstrates the weakness of rulemaking in the air transport field for lack of direction, purpose and structure in the development of authoritative rules and regulations that should serve as compelling directives from the main organization responsible for aviation, leads to an evaluation of the fundamental principles of rulemaking in ICAO, the Federal Aviation Administration (FAA) of the United States and the European Commission (EC).
