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).
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.
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, serl³P
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