Aeronomics and Law: Fixing Anomalies by Ruwantissa Abeyratne

By Ruwantissa Abeyratne

This publication embarks on a modern research of the interplay of economics and legislation in terms of air shipping, delving into the key concerns that plague the undefined. It exhibits how a number of the thorny and difficult matters may be approached sensibly. one of the matters mentioned are the paradox of exponential development of air delivery which makes airline profitability stay negative; the legislative impediments in so much nations that avert direct international funding within the undefined; the confounding and muddled mess at the back of the economics of airplane engine emissions; and the inexplicable fact that, even supposing civil aviation is essentially intended to satisfy the wishes of the folk of the area, nation regulators have upended the equation and given precedence to nationwide pursuits over the pursuits of the passenger. The publication might be of curiosity to economists and legal professionals alike who care for air shipping matters, and in addition to teachers and scholars within the sector of transportation in addition to regulators and airlines.

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20 FDI in Air Transport 21 There has been increased activity and regulatory interest in foreign investment in national air carriers. Some of the reasons for this include: (a) in some instances foreign international air carriers have acquired an equity interest through the privatization of formerly nationally owned air carriers; (b) some international air carriers have made transnational investments in national air carriers as an indirect means of market access (for example, to increase their ability to compete to/from domestic cities beyond an international gateway through a closer relationship with a domestic carrier serving those domestic cities to and from the same gateway); and (c) in some instances, cooperative marketing arrangements, joint ventures, franchise operations, alliances and mergers between international air carriers or between international and domestic air carriers have involved transnational investment intended to increase both the effectiveness of the specific cooperative arrangements as well as the commercial benefits for all parties concerned.

As a consequence, the issue of seaworthiness has a bearing on all maritime issues. 80 The issue of safety at sea is mainly covered by the International Convention for the Safety of Life at Sea, amended 1974, in force May 25, 1980. 81 Geneva Convention, supra note 70, Article. 12 which provides that every State shall require the master of a ship sailing under its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers: to render assistance to any person found at sea in danger of being lost; to proceed with all possible speed to the rescue of persons in distress if informed of their need of assistance, in so far as such action may reasonably be expected of him; and after a collision, to render assistance to the other ship, her crew and her passengers and, where possible, to inform the other ship of the name of his own ship, her port of registry and the nearest port at which she will call.

Taking off where Article 5 (1) of the Geneva Convention leaves off, UNCLOS makes the following statement in Article 94: “Article 94: Duties of the Flag State Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. 85 Following this general statement Article 94 provides a detailed explanation that covers different aspects of the registration of vessels. 87 This jurisdictional duty is presumed to be performed when the flag state adopts in its own domestic legislation all the regulations 84 The Law of the Sea, Official Text of the United Nations Convention on the Law of the Sea with Indexes and Annex, Final Act of the Third United Nations Convention on the Law of the Sea, United Nations: New York, 1983.

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