Ozgur, Nilgun (2019) Global governance of civil aviation safety : an analysis from the perspective of global administrative law. (PhD thesis), Kingston University, .
Abstract
This thesis suggests that conceptualising the global governance of aviation safety through the lens of administrative law provides a proper checks-and-balances system for individuals by allowing national courts to apply global aviation safety standards. The research examines the state’s compliance with aviation safety regulations within the traditional paradigm of the binding rules of international law-making and state sovereignty. Through the impact of globalisation, air transport market liberalisation and deregulation, the line between domestic aviation safety and international aviation safety has diminished. At the same time, civil aviation safety has become a global concern. In that sense, the current international legal system for civil aviation safety does not respond to contemporary realities. After defining the issue, the thesis addresses the emerging legal theory global administrative law (GAL), which embraces the changes in global social life and the impact of globalisation on existing international legal theories about international aviation safety. The thesis illustrates the notion that the global governance of aviation safety is an example of joint administrative action of international and national public powers by multiple actors and thus falls within the executive structure of the global administrative legal theory. Finally, the thesis explores the possible contributions of a global administrative law (GAL) theory, to the global governance of aviation safety, which would allow national courts to apply global aviation safety standards. Examining the increasing trend of national courts that apply international law or citing foreign courts’ decisions on common values in different jurisdictions confirms the assertion that judicial dialogue, particularly among the higher national courts, is developing. Consequently, based on these developments, the global judicial approach to aviation safety may develop for the benefit of people around the world.
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