Encyclopedia of Public International Law in Asia Online

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General Editor: Seokwoo Lee

Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia Online provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law and the resulting shift from the older Asian order; the development of modern international law; and the impact that all of this has had on Asian states. Each jurisdiction included in the Encyclopedia follows a standard structure for the broadest comparative advantage and starts with a Country Snapshot (Date of Independence, Date of Admission to the United Nations, Geographical Size, Population, Demographic Information, Form of Government, System of Law), followed by a State Report Overview (Executive summary of state report, Key highlights of unique state practice).

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16. Air Law | Central Asia

(838 words)

Author(s): Tegizbekova, Zhyldyz
16.1 Aviation Law and Policy in Central AsiaThe Central Asian countries, namely Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan, are landlocked and therefore rely critically on aviation for passenger travel and express cargo logistics. Despite substantial growth in the past decade, the region’s aviation market is still not realizing its full potential.With air traffic being on the rise and with new route launches, growing airlines such as “Air Astana,” and the construction of one of the newest airports in the world in Turkmenist…

16. Air Law & Law of Outer Space | Bangladesh

(2,201 words)

Author(s): Alam, Shah | Karim, Mohammad Ershadul
16.1 Aviation Safety in Bangladesh: National and International PerspectivesMany people have a fear of flying or dying in an airplane accident, but air travel is and has been the safest mode of transportation for years. The average number of accidents in the commercial airline was only 2.6 in per million departures in 2018. Though this number is slightly higher from the 2017 at the rate of 2.4 with no commercial jet accident, the safety of commercial aviation has increased over the years since its incept…

16. Air Law & Law of Outer Space | India

(3,713 words)

Author(s): Chakka, Benarji | Lele, Ajey
16.1 Air Carrier Passenger Liability in IndiaIndia is a party to the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention), 1929, The Hague Protocol of 1955 and Montreal Convention of 1999. These three Conventions chiefly deals with air carrier’s liability in international law. In order to implement the international obligations, India had adopted the legislation with regard to the Air carrier passenger liability through the Carriage by Air Act, …

16. Air Law & Law of Outer Space | Indonesia

(3,353 words)

Author(s): Kusumaningrum, Adi | Muhammad, Alif Nurfakhri
16.1 Accession to Various Treaties Affecting Air Law and Law of Outer SpaceUnder the Convention on International Civil Aviation 1944 (the Chicago Convention), each State has complete and exclusive sovereignty over the airspace above its territory. The Chicago Convention provides general principles such as: sovereignty, territory; flight over territory of contracting States (includingscheduled and non-scheduled flights), cabotage, pilotless aircraft, prohibited areas, landing at custom airport, applicability…

16. Air Law & Law of Outer Space | Japan

(3,355 words)

Author(s): Furuhata, Mami | Aoki, Setsuko
16.1 Open Sky AgreementsOpen Sky Agreement are a type of air transport agreements (ATA) between countries that promote open and competitive markets for international air transportation. It enables airlines, not governments, to make decisions about routes, capacity, frequency, and pricing of their services, based on market demand.After World War Ⅱ, the United States and the United Kingdom signed one of the earliest bilateral agreement in 1946, formally known as the “Agreement between the government of the United Kingdom and the government of…

16. Air Law & Law of Outer Space | Korea

(2,997 words)

Author(s): Lee, Jae Woon
16.1 Accession to Various Treaties affecting Air Law and Law of Outer Space16.1.1 Korea-U.S. Air Transport Agreement (1998)International air transport has been primarily governed by air services agreements (also known as air transport agreements) with states that stipulate mutual restrictions on market access. These restrictions include the designation of airlines by other states (which airlines and how many may operate the agreed services), the nationality requirements of designated airlines, the routes that th…

16. Air Law & Law of Outer Space | Singapore

(5,717 words)

Author(s): Escolar, Gerardine Goh
16.1 Accession to Treaties Affecting Air Law and Law of Outer Space16.1.1 IntroductionThe global image of Singapore includes oft-cited references to its national airline, Singapore Airlines, and its airport, Changi International Airport. Singapore has been active in the aviation industry for much of its history, with great success. Little wonder then, that Singapore has also been active in the international air law arena while legislating domestically to ensure the safety of its aviation operations and the competitiveness of its airline and aviation industry.Singapore has als…

16. Air Law & Law of Outer Space | Sri Lanka

(3,434 words)

Author(s): Elkaduwe, Samindika
16.1 International Legal Regime of Aviation and Outer Space, Sri Lankan Perspectives16.1.1 Air LawThe term air law denotes the branch of international that govern civil aviation. The rules of air law can be broadly divided in to public international air law and private international air law. Public international air law mainly consists of rules governing international air navigation and security of international civil aviation whereas private international air law mainly concerns the rules governing internat…

16. Air Law & Law of Outer Space | Taiwan

(275 words)

Author(s): Wang, Chen-Yu
16.1 Taiwan and Air Defense Identification Zone (ADIZ)The first Air Defense Identification Zone (ADIZ) was established by the United States on 27 December 1950, shortly after President Truman had proclaimed a national emergency during the Korean War. Until now, about 20 countries and regions have such zones declared, which include Australia, Canada, Iceland, India, Italy, Japan, Pakistan, Malaysia, Norway, the Philippines, the United Kingdom, People’s Republic of China, South Korea, Sri Lanka, Taiwan, …

16. Air Law & Law of Outer Space | Thailand

(1,837 words)

Author(s): Satayanurug, Pawat
16.1 Streaming Tokyo, Hague and Montreal in Thailand’s New Act on Certain Offences against Air NavigationThailand is a State party to major international conventions relating to certain offences against air navigation: the Convention on Offences and Certain Other Acts Committed on Board Aircraft 1963 (commonly called the Tokyo Convention 1963), the Convention for the Suppression of Unlawful Seizure of Aircraft (commonly called the Hague Convention 1970), and the Convention for the Suppression of Unlawful Acts …

16. Air Law | Malaysia

(6,753 words)

Author(s): George, Mary
16.1 History of Aviation in MalaysiaThere is a shared history of aviation between Malaysia and Singapore. The first scheduled air passenger and mail service operated in June, 1937, as Wearne’s Air Service between Singapore, Kuala Lumpur and Penang. The inaugural flight lifted off on 28 June 1937 departing from Singapore’s Kallang Airport that opened on 12 June 1937 (The Launching Of The Inaugural Flight Service Between Singapore, Kuala Lumpur And Penang, http://hids.arkib.gov.my/en/peristiwa/-/asset_publisher/WAhqbCYR9ww2/content/pelancaran-perkhidmatan-penerbangan…

16. Air Law & Outer Space | Philippines

(1,916 words)

Author(s): Bañez, Emerson
16.1 Philippine Space Policy and Recent DevelopmentsThe Philippines is a signatory to the Outer Space Treaty and has acceded to the Moon Treaty. Despite this, there was little motivation for the country to internalize its commitments. It had no spacefaring capability whatsoever, and no industrial base through which to develop it. Private enterprises based in the country have acquired satellites in orbit or prior to launch, but never part of a larger program for making the country space-capable. Govern…

16. Air Law & the Law of Outer Space | Iran

(2,300 words)

Author(s): Mahmoudi, Seyed Hadi
16.1 The Aerial Incident of 3 July 198816.1.1 IntroductionThe shooting down of Iran Air flight 655 registered as EP-IBU is one of the most tragic air incidents in aviation history. The aircraft began its flight on July 3, 1988, with over 290 persons on board, including its crew, from Bandar Abbas Airport as stopover airport to Dubai. Shortly after the flight, while the aircraft was still flying over Iranian territory, it was shot down by a missile fired from USS Vincennes and downed in the Iranian terri…