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崔完植 한국항공대학교 1986 論文集 Vol.24 No.-
The freedom of overflight of international straits conferred by Article 38 of the Geneva Convention on the High Seas raises various questions as to the power of states bordering straits to restrict that freedom and impose obligations on aircraft in transit. Transiting aircraft mayconsiderably affect a littoral state's interests in regulating flight traffic, limiting dangerous or harmful activities such as flight exercises or refueling while in flight, and restricting military activities prejudicial to the defense or security of the coastal state. In examining some of the air law implications of the Law of the Sea (1982), two main issues arise. The first concernes the scope of the right fo transit passage for aircraft guaranteed by the Convention in international straits, archipelagic air routes, and exclusive economic zones. The term "transit passage" raises the question of possible restrictions on rights of overflight on the analogy of the question of "creeping jurisdiction." The Convention has introduced new areas of conflicting rights. International aviation, which is dependent on unambiguous operating rules, may have to face conflicting claims and legal requirements because of the uncertainties in the legal status of those new areas. This article deals with such new issues of international aviation law.
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崔完植 한국항공대학교 1981 論文集 Vol.19 No.-
In many industries, regulatory guidelines have developed to help prevent defective products from entering the market and to deal with defective products once they reach the consumer. The civil aviation industry also has developed guidelines dealing with defective products. The aviation community has an important interest in assruing aviation manufactures promptly advise users of defects in their products after the sale. The purpose of this article is to study on the Airworthiness Directives system under U.S Federal Aviation Regulations part 39. This article will also explain on the developments of the law in this area with relation to Aircraft Manufa cturer's Liability for Defects in Construdtion and Design. Manufacturers have a continuing post-sale duty to adequately warn users of defects and to develop corrective measures. Aviation consumers are generally advised of dangerous product conditions in FAA airworthiness directives or manufacters' service bulletin.
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