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- The article will conclude by examining how national enforcement bodies will attempt to implement the provisions of the Regulation and the likely difficulties that may be encountered where “extraordinary circumstances” arise. (1)
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- The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Deadly Drones? Why Faa Regulations Miss The Mark On Drone Safety, Steve Calandrillo, Jason Oh, Ari Webb
Deadly Drones? Why Faa Regulations Miss The Mark On Drone Safety, Steve Calandrillo, Jason Oh, Ari Webb
Articles
A rapidly growing commercial drone industry has prompted the introduction of numerous regulations governing American airspace. Congress has tasked the Federal Aviation Administration (FAA) with “developing plans for the use of the navigable airspace to ensure the safety of aircraft and the efficient use” of American skies. While well-intended, the FAA has departed from Congressional will by imposing an excessive regulatory regime that threatens to stifle drone technology and innovation. In fact, many FAA regulations fail to address the very problem they seek to fix, namely the safety of our airspace. The unfortunate result is that myriad scientific and pragmatic …
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
The Montreal Convention And The Preemption Of Air Passenger Harm Claims, Marc Mcdonald
The Montreal Convention And The Preemption Of Air Passenger Harm Claims, Marc Mcdonald
Articles
The article examines the evolution and present state of the law governing the preemption of passenger claims for compensation for harm arising from international air travel under the Montreal and Warsaw Conventions
Creating A Framework For A Single European Sky:The Opportunity Cost Of Reorganising European Airspace, Niall Neligan
Creating A Framework For A Single European Sky:The Opportunity Cost Of Reorganising European Airspace, Niall Neligan
Articles
The object of this article is to critically evaluate the legal framework for a European Single Sky project in light of the recent European Court of Justice decision in International Air Transport Association v The Department of Transport. The article will examine in detail the framework regulations outlining the major provisions from the recommendations of the Commission's High Level Group in 2000, to the implementation at a micro-level by national authorities of the legislation adopted in 2004. Furthermore, this article will examine whether the savings to air service providers from the Single European Sky project in the long term will …
Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan
Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan
Articles
The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …