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The Sources of International Air Law: Current Issues of Theory and Practice

2020· article· en· W3117599207 on OpenAlexaff
Andreĭ Batalov

Bibliographic record

VenueMoscow Journal of International Law · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Aviation
Canadian institutionsInternational Civil Aviation Organization
FundersUniversity of Oxford
KeywordsInternational lawAviation lawLawDoctrineCivil aviationPolitical scienceAviationComparative lawPublic international lawEngineering

Abstract

fetched live from OpenAlex

INTRODUCTION.Within the context of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and on the basis of the contemporary practice of States and international aviation organizations (in particular, International Civil Aviation Organization (ICAO)) the author examines the process of rule-making and the sources of international air law. MATERIALS AND METHODS.The present research has been conducted on the basis of international air law treaties, the ICAO documents, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method. RESEARCH RESULTS.On the basis of his research the author has been able to identify and systematize the present-day sources of international air law, i.e. the forms, in which the norms of this branch of interna- tional law exist. Theoretical and practical problems relating to the development and implementation of these sources of international air law have been examined. DISCUSSION AND CONCLUSIONS.On the basis of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and the contemporary practice of States and international aviation organizations the following sources of international air law have been identified: (i) international treaties; (ii) international customs; (iii) ICAO international standards; (iv) Technical Instructions for the Safe Transport of Dangerous Goods by Air. Each of these sources of international air law has been examined in detail both from the point of view of the rulemaking process and within the context of its role played in regulation of cooperation between States in the area of international civil aviation. In particular, the author shows the specific role in international air law of such traditional sources as international treaties and international customs. As for the international standards and the Technical Instructions for the Safe Transport of Dangerous Goods by Air, they are described as special complex forms of creation of norms of international air law emerged as a result of rapid development of civil aviation in the second half of the 20th century and its transformation into the global passengers and cargo transportation network. Overall examination of the currently existing rule-making processes and sources of the international air law demonstrates that they are rather dynamic and well take into account the contemporary development of global aviation and the interests of different States.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.018
metaresearch head score (Gemma)0.027
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.027
Threshold uncertainty score0.103

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0180.027
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0070.014
Science and technology studies0.0060.077
Scholarly communication0.0270.041
Open science0.0040.007
Research integrity0.0110.012
Insufficient payload (model declined to judge)0.0120.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.020
GPT teacher head0.350
Teacher spread0.330 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

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Citations4
Published2020
Admission routes1
Has abstractyes

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