bluuebunny/crossref_metadata_2025 huggingface dataset:
Középkori kések, olló és sarló a pesti Duna-partról
Authors: Horváth Viktória P.
Published: March 2022

2017 első felében a Budapesti Történeti Múzeum munkatársainak vezetésével módunk nyílt a pesti belvárosi Molnár utca két telkének régészeti feltárására, ami a területen tervezett mélygarázsos szálloda építése miatt vált szükségessé. A középkori pesti városmagban elhelyezkedő terület a feltárt rétegviszonyok alapján egykor a közvetlen vízpartot jelentette, s a nedves, iszapos környezetnek köszönhetően az előkerült szerves anyagok, fémtárgyak szinte eredeti állapotukban őrződtek meg. Szerencsére a 19–20. századi építkezések az évszázadok során felhalmozódott hatalmas feltöltés miatt a középkori rétegeket már nem bolygatták, így egészen az Árpád-korig tudtuk nyomon követni a terület régészeti érintettségét.
“Armour fragment” from the Szentes-Lapistó early Avar period burial – Data for saddle types of the Early Avar Age Transtisza region
Authors: Gulyás Bence
Published: March 2022

In the 6th–7th century, elites of Eastern Europe and the Carpathian Basin used similar objects to represent their power – mainly the swords with P-shaped suspension loops and horse harnesses. Of the latter, this paper concerns saddles, to the pommel of which a rectangular piece of chainmail was installed, often further ornamented with bronze and silver fittings. The artefact from Szentes-Lapistó, originally described by Dezső Csallány as a “neck-covering net” can be identified as one of these ornaments.
Application of Regulation (EC) No 261/2004 on Denied Boarding, Cancellation and Long Delay of Flights
Authors: Arnold Kinga
Published: March 2022

This article deals with the everyday application of the Regulation from the airline point of view. It aims to show some of the discrepancies through practical examples and by discussing possible different interpretations of the rules of the Regulation. The topics cover the applicability of the Regulation in case of code-share flights and in case of 5th freedom traffic. Delay, cancellation, denied boarding and the different ways in which they are treated are examined in detail. Some practical examples are given to demonstrate that some of the requirements of care and assistance to passengers are not realistic and make it impossible or at least very cumbersome and costly for the airlines to comply.
EC Aviation Scene: Major Developments November 2006 - February 2007
Authors: Goeteyn Geert
Published: March 2022

This article gives an overview of important developments on the EU aviation scene between 1 November 2006 and 31 March 2007. In addition to the general overview (section 1), the following major developments will be covered in detail in sections 2 to 4:

? The EU/US Air Transport Agreement concluded by European and US negotiators on 2 March 2007 and adopted by the Council of EU Transport Ministers on 22 March 2007 (section 2);

? The airport package proposed by the European Commission (the Commission), including the proposed Directive on airport charges, the assessment of the impact of ground-handling liberalization and the Commission?s Communication on an action plan for airport capacity, efficiency and safety in Europe (section 3). In the discussion relating to the Communication, section 3 will also summarize the main findings of the November 2006 study by Mott MacDonald on the impact of secondary slot trading; and

? The Commission’s Consultation Paper on the possible revision of the CRS Code of Conduct (section 4).
UK Air Passenger Duty held to be Consistent with the Chicago Convention
Authors: Lawson Robert
Published: March 2022

In R (on the application of the Federation of Tour Operators and others) v. Her Majesty’s Treasury [2007] EWHC 2062 (Admin), the English High Court held that the Air Passenger Duty imposed by the UK Government is consistent with Article 15 of the Chicago Convention. The judgment makes interesting findings in respect of the applicable principles of interpretation, the meaning of Article 15 and the consistency with it of a tax in the nature of an air passenger duty. The correctness of these findings is questioned. The potential implications of the decision are touched upon.
A Critical Perspective on ICAO
Authors: Onidi Olivier
Published: March 2022

During the first 50 years of its existence, ICAO made an indisputable contribution to the development of worldwide aviation. However, for the past decade ICAO seems to be losing ground in tackling the main challenges posed by modern aviation, in a context of growing complexity. It remains nevertheless in the interest of Europe to contribute to a revival of ICAO and help the institution to refocus its work on key competencies such as the implementation of critical worldwide standards, technical assistance and promoting regional integration. Although a modernization of the Chicago Convention is essential, most of the practical changes needed are achievable in the short term. The work towards such a revival should start now.
The New International Regime for Third Party Liability
Authors: Kjellin Henrik
Published: March 2022

The question of third party liability has been on the working programme of the ICAO Legal Committee since 2000. A first draft with the view of modernizing the 1952 Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface was developed by a Study Group and submitted to the 32nd session of the Legal Committee in March 2004.
ICAO At The Beginning of the 21st Century
Authors: Guillaume Gilbert
Published: March 2022

The International Civil Aviation Organization (established by the 1944 Chicago Convention) has contributed considerably to the extraordinary development of civil aviation over the last sixty years. Amongst the new challenges facing air transport are the major problems of safety, security and the environment. It seems appropriate to examine how ICAO could respond to these challenges before considering whether, and if so how, it would be advisable to revise the Chicago Convention and to improve the Organization itself.
Liability in Air Carriage. Carriage of Cargo Under The Warsaw and Montreal Conventions
Authors: Koning Ingrid
Published: March 2022

This article discusses the liability of the carrier of goods by air under the Montreal Convention 1999. It deals with some of the more eye–catching changes, like the basis of liability and the (im)possibility of breaking the limits. Also, a number of subjects are covered where, in the author’s view, the Montreal Convention should have introduced new rules (the interpretation of the term ‘damage’) or should have clarified existing case law (right to sue and exclusivity).
Informal Regulations and Practices in the Field of Space Debris Mitigation
Authors: Mejía–Kaiser Martha
Published: March 2022

Valuable orbits around our planet are increasingly populated by man–made space debris that endanger operational spacecraft and manned space missions. Several institutions have already initiated efforts to mitigate this problem. This article outlines such efforts and indicates how debris mitigation practices are becoming an international custom. The author also maintains that this development will result in the creation of a standard of care with respect to space debris mitigation, which will also have an effect on the application of the Space Liability Convention.
Persons with Disabilities and Their Right to Fly
Authors: Luongo Norberto E.
Published: March 2022

At the beginning of 2008, a landmark ruling was issued by the Canadian Transportation Agency (CTA); the decision ordered some carriers to adopt a ‘one-person-one fare’ policy for persons with severe disabilities who travel within Canada by air. The rule provided the airlines a one-year period for the implementation of the new policy. This decision was unsuccessfully challenged before a Canadian Federal Court and the Supreme Court of Canada. Hence, the rule became effective as of 10 January 2009.

This article analyzes this decision and the legislation in force in the European Union and the United States addressing the rights of air passengers with disabilities. It also includes a brief commentary on the pertaining rules contained in Annex 9 of the Chicago Convention, and the most relevant and recent jurisprudential developments in this matter are summarized. In addition, the possibility of adoption of a similar regulation in other countries and some nuances derived from the construction and implementation of the Canadian regulation are presented.
Strategic Liberalization Policies in Bilateral and Multilateral Settings: The Case of China and Vietnam
Authors: Bonin Jason R.
Published: March 2022

While the trend towards air transport liberalization is global in scope, variance in its patterns of depth is shaping the regulatory geography of the industry. Particularly, the signing of the EU-US Open Skies Agreement and the potential for a Trans-Atlantic Open Aviation Area have increased the relative competitive advantage enjoyed in the global ‘north-west’ of Europe and the United States. The increase in competitiveness caused by regulatory relaxation is in turn causing, inter alia, patterns of regionalization in the ‘eastern’ and ‘southern’ states of varying degrees. The push towards intra-regional liberalization is further reinforced by the regionalization of production processes and tourism, increasing the relative demand for intra-regional transport networks. In many instances, the desire to protect the air service sector for national participants may thus inhibit development of the larger economy. This problem is exacerbated by the recognition of the principles of participation and efficiency in the Chicago Convention. The potential conflict between these objectives is nowhere more apparent than in the emerging markets of East Asia. This paper critically analyses the position of two emerging markets, China and Vietnam, and the legal regimes governing their air services sectors. It does so by first reviewing the current processes in the restructuring of air transport regulation. It then analyses the current liberalization process in both China and Vietnam, looking at both commonalities and critical distinctions between the two. Next, analysis turns towards the air services agreements between China, Vietnam, the US, and the Association of Southeast Asian Nations (ASEAN). These agreements evidence a process of power bargaining, a process which may be counterproductive to developing equitable air transport networks and efficient markets. Finally, this paper offers critical guidance on developing a process of phased liberalization with increasingly more competitive partners so as to support overall economic growth.
The ICAO Conventions on Liability for Third-Party Damage Caused by Aircraft
Authors: Abeyratne Ruwantissa
Published: March 2022

The adoption of two international treaties by International Civil Aviation Organization (ICAO) Member States in the first quarter of 2009 on the subject of liability for third-party damage caused by aircraft certainly filled a visible gap in the legislative structure pertaining to liability in air law. However, it remains to be seen whether these instruments will come into effect, given the numerous issues that were brought to bear by key stakeholders and interested parties, both before and during the diplomatic conference which resulted in the treaties. Academic and professional views from the members of the legal profession highlighted several perceived inadequacies and inequities of the treaties. The views expressed by certain States and regional blocks highlighted the redundancy of the instruments in the face of regional and national legislation that cover liability for third-party damage caused by aircraft.

This article discusses in depth the features of the two treaties and analyses the issues that have been raised by interested parties.
EU-Russia Aviation Relations and the Issue of Siberian Overflights
Authors: Baur Johannes
Published: March 2022

Since Soviet times, EU carriers have to pay royalties for getting the right to overfly Russian territory on flights from Europe to Asia, in particular Japan, China and South Korea. These payments are not only detrimental to the further development of air services between Europe and Asia, there are also an important trade irritant between the EU and the Russian Federation until today and are considered by the EU as being non-compliant with international standards.

This article describes the system of overflight royalties and the history and development of the discussions between the EU and the Russian Federation since the early nineties until the agreement on the ‘Agreed Principles’ from 2006.
Responsibility and Liability Aspects of the Icelandic Volcanic Eruption
Authors: Abeyratne Ruwantissa
Published: March 2022

The fallout from the Icelandic volcano in April 2010 brought to bear yet another burden on the airline industry and issues and questions on responsibility for stranded passengers worldwide. The most curious outcome of the closure of airspace over some European States and the subsequent grounding of flights worldwide, resulting in hundreds of thousands of passengers being left to their own devices in instances where the airlines did not, or could not, provide assistance, was the noticeable silence on the part of States concerned with regard to their responsibilities to travelling citizens. Although under ordinary circumstances airlines are liable to look after their passengers, particularly in circumstances within their control, the volcano was completely unexpected and air carriers were faced with State action, which closed the airspace of several European States. This article discusses the nature and effects of a volcanic eruption on aircraft in flight, along with regulatory issues connected thereto and two issues of liability: State liability and air carrier liability, with a focus on European law and practice.
Airline Bankruptcy and Consumer Protection in the European Union
Authors: Pantazi Tania
Published: March 2022

Airline bankruptcy is a common phenomenon in Europe, especially in the last decade. A sudden interruption of operations is often the result of air carrier’s financial problems or the revoking of its operating license. The liberalization of air transport industry in Europe, along with other factors, has contributed to the increase in the number of airline bankruptcies. Consumers facing airline bankruptcies, however, are not always protected, as there are cases in which passengers were stranded abroad or not compensated because of lack of assets. The existing legal framework of the European Community does not contain any specialized provision, although there is Community legislation on the monitoring of airline finances, travellers’ rights, and insolvency proceedings. This article examines the relevant legal instruments and discusses potential amendments to legislation, such as mandatory insurance or the creation of compensation funds, in order to provide consumers with effective protection against airline insolvency.
EU Competition Law Developments in the Aviation Sector
Authors: English Mark
Published: March 2022

In the twelve-month period of August 2009 to July 2010, the General Court and European Commission have adopted a number of EU competition law (antitrust and merger control) judgments and decisions in the aviation sector. In the summer of 2010, the General Court gave judgment in the appeals stemming from the prohibited Ryanair/Aer Lingus merger, in which it fully endorsed the Commission’s approach. Against this backdrop of continued judicial approval, the Commission has cleared a number of aviation mergers and alliances, making some conditional upon remedies with slot divestitures as their central feature. Important procedural steps have also been taken and final decisions are awaited in a number of ongoing competition law investigations in the aviation sector within the Commission; these include merger, alliance and cartel cases.

The General Court’s judgment is an important judicial endorsement of the Commission’s decisional practice in the aviation sector. The Commission decisions of the past year confirm important refinements to the Commission’s policy with regard to market definition, competition assessment and remedies which the Commission had started to develop in earlier decisions. In this article, we first summarize these judgments and decisions then review in more detail the importance of these from a policy point of view. In so doing we seek to identify and analyse the principal trends and developments in EU competition law (antitrust and merger control) as applied to the aviation sector. This article’s concluding remarks also consider some likely developments for the year to come.
Price Transparency Requirements of the EC Air Services Regulation 2008
Authors: Friedmann Georg Ruben
Published: March 2022

Within the framework of Article 23 EC Regulation 1008/2008, the European legislator created a new set of provisions on pricing in the airline sector, which had become one of the main legal aspects for website selling practices of airlines and online travel agencies on the common market. The author analyses the wording of Article 23, first paragraph, explaining main requirements such as: (1) the final price indication; (2) breakdown of the price; and (3) optional price supplements. A further distinction is to be made between mandatory, optional, and variable price components: as variable price components (such as the service charge) may change during the booking process, depending on various data to be typed in by the customer, it shall be sufficient to indicate the final, all-inclusive price before payment at the end of the booking process, in accordance with the rulings of High Courts in Germany and Austria regarding price transparency under national law.
Metal Neutrality and the Nation-Bound Airline Industry
Authors: Mifsud Paul V.
Published: March 2022

The system of trade in international aviation services is a product of post-World War II economic nationalism. It has resulted in an international airline industry in which international airlines are effectively 'nation-bound', because their operations all must begin and end in their home countries.

The growth of branded global alliances and the evolution of US and European aviation policies are accelerating rapidly. As part of its deregulation policy, the US has used the possibility for antitrust immunity (ATI) for cooperative marketing arrangements with national carriers that accept Open Skies liberalization.

Recent developments in US policy now require airlines seeking such immunity to commit to operate joint ventures that are 'metal neutral'. A metal neutral joint venture is structured so that partners in the venture are indifferent as to which operates the 'metal' (aircraft) when they jointly market services. The metal neutral requirement is a work in progress but holds the potential to diminish economic nationalism and alter the nation-bound nature of aviation operations.
The Beijing Convention of 2010: An Important Milestone in the Annals of Aviation Security
Authors: Abeyratne Ruwantissa
Published: March 2022

Aviation is an important global business and a significant driver of the global economy. It is vital therefore that stringent measures are taken to counter acts of unlawful interference with civil aviation. Following a diplomatic conference, held in Beijing from 30 August to 10 September 2010 under the auspices of the International Civil Aviation Organization (ICAO), representatives from more than eighty States adopted two international air law instruments for the suppression of unlawful acts relating to civil aviation. The two instruments are the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (hereinafter 'Beijing Convention' or 'Beijing Treaty') and the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft.

The Beijing Convention serves international civil aviation well by requiring parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing, and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. The treaties promote cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects. The Beijing Convention also obligates States to criminalize the transport of biological, chemical, and nuclear (BCN) weapons and related material. Many provisions of the Beijing Convention, which is a newcomer to aviation security in the context of some new provisions it introduces, may need reflection, particularly in interpreting the intent of its founding fathers. This article discusses some aspects of the Beijing Treaty, which may need that reflection
Regulatory Framework for a Performance-Based Approach to Air Safety Management in the European Union
Authors: Ratajczyk Mikolaj
Published: March 2022

Traditionally, State safety functions in civil aviation have been predominantly based on ensuring compliance with prescriptive rules and regulations based on past experiences and accident investigation. This has served aviation well and allowed it to achieve very good safety levels. However, as aviation is becoming more complex, this traditional approach is no longer sufficient and needs to be supplemented with a more proactive method based on safety performance monitoring and realistic improvement target setting. Work on the implementation of such a system has started both at the international level and in the European Union (EU).

This article considers the challenges associated with this process and presents recommendations on how the regulatory framework for this new approach could be best shaped, especially in the complex institutional and legal context of the EU. It argues that a performance-based approach should enable Europe to continue driving its overall air safety performance in the longer term and to ensure a truly uniform level of air safety for all European passengers. It would also be a unique development in the world, combining the new proactive 'philosophy' to air safety management with its consistent application in a regional context.
Ensuring Global Runway Safety: A Look at the Future
Authors: Abeyratne Ruwantissa
Published: March 2022

From 24 to 26 May 2011, the International Civil Aviation Organization (ICAO) hosted a Symposium on Global Runway Safety. The objectives of the Symposium were to highlight the evolution towards a more integrated safety management approach in ICAO's runway safety programme, coordinate a global effort for improving runway safety by identifying what a State can do to improve runway safety outcomes, identify a common framework for the enhancement of runway safety, promote and gain commitment from partners to deliver regional runway safety workshops across the globe, and identify content and format for subsequent runway safety workshops.

The Symposium was held against the backdrop of ICAO Assembly Resolution A37-15 (Consolidated statement of continuing ICAO policies and associated practices related specifically to air navigation), which was adopted at the 37th Session of the Assembly held in Montreal from 28 September to 8 October 2010.  Appendix P to the Resolution calls upon ICAO to keep under review the technical requirements for aerodromes and requests States to ensure that safety management systems are introduced at their aerodromes. States are also called upon to place greater emphasis on the management of aerodrome operations, with runway safety given a high priority.

This article posits the basic fact that issues of runway safety require the standardization and harmonization of rules, which cannot all be ensured through regulation. It examines what has already been accomplished through ICAO and discusses certain proactive measures for runway safety in the future, using the outcome of the ICAO symposium as a backdrop to the discussions.
Re-routing under the Air Passengers Rights Regulation
Authors: Bech Serrat Josep M.
Published: March 2022

This article analyses the alternative transportation requirement provided by Regulation (EC) No. 261/2004 in comparison with European sale of goods law, with a view to exploring the limits on re-routing to be provided by air transportation companies and the exercise of the passenger's right to be offered alternative transportation. The article concludes that this is a rarely regulated remedy, and there is room for improvement in a new Regulation to deal with re-routing when the original transportation contracted for is not provided.
Onboard Electronic Fraud: Piracy in the Twenty-First Century?
Authors: Hackett Jim
Published: March 2022

Internet access is available on some international flights; this will become more commonplace in the future. Internet frauds abound. Already, most personal banking is performed using the Internet; it is easy to transfer funds from one account to another, including from a personal or trust account to that of a fraudster. For example, if a trustee who is both an Australian citizen and a Hong Kong permanent resident, on board an aircraft (Cathay Pacific, Virgin Atlantic, or Qantas) in international airspace flying from Hong Kong to Australia, uses a personal computer to access an Australia-based trust account and (while unauthorized) transfers money to a personal account, has the trustee committed any crime for which he/she may be arraigned in any jurisdiction? It will be argued that the answer may be 'no'. What if the trustee is flying Cathay Pacific? This is partly because the law of Hong Kong insists that Hong Kong has jurisdiction over acts committed by persons aboard Hong Kong-registered aircraft yet does not recognize Internet activity of the type indicated above as a crime if the perpetrator is in international airspace. Similarly, if the trustee is on Virgin Atlantic, the United Kingdom claims jurisdiction and holds that no crime has been committed unless a trust fund based in the home country has been plundered. However, the (Australian) Criminal Code 1995 (Cth) (hereinafter 'the Code') appears to forbid the type of fund transfer mentioned (whether the trustee is on Cathay Pacific, Virgin Atlantic, or Qantas); it thus seems at first blush that the trustee has committed a crime in Australia. The problem is that a Commonwealth prosecutor cannot (it is submitted) access the Code, because the Crimes (Aviation) Act 1991 (Cth) (promulgated earlier in time than the Code) effectively states that no non-violent act in which a person engages on an Australia-bound aircraft (Qantas or otherwise) in international airspace after takeoff from a foreign country is a crime. On such a flight, the Code is inapplicable. The maxim generalia specialibus non derogant is relevant. One solution is that concerned States should draft and sign a treaty that puts national law to one side to ensure that modern-day pirates (such as the errant trustee) are nowhere safe. Similar treaties are already in force to deal with high-seas pirates and aircraft hijackers; the meaning of piracy requires expansion in the twenty-first century.
Transnational Airlines in Latin America Facing the Fear of Nationality
Authors: García Arboleda José Ignacio
Published: March 2022

Latin America has been the recent scenery of cross-border mergers and acquisitions of airlines in countries in which their domestic law allows important foreign investment in air carriers. However, the still present architecture of bilateral exchange of traffic rights between countries, encouraged by the 1944 Chicago Convention, is a serious threat for the development of these transnational airlines, operating through a complex network of corporations incorporated in different countries. Typically, this bilateral architecture includes 'ownership and effective control' clauses that require an airline designated by a country party to a bilateral air services agreement (ASA) to be majority owned and effectively controlled by its nationals.

Such nationality clauses were founded, back in the 1930s for security (including military) and economic reasons. Recently, some Latin American countries are liberalizing nationality requirements for designated airlines under bilateral ASAs in conformity with their locally relaxed posture pertaining to foreign investment in air carriers. Regional initiatives have also been taking place, slowly waiving the traditional restrictive attitude towards the previously mentioned nationality requirements. Hence, it is argued that airline's designation under a bilateral ASA in Latin America should be focused on criteria that are linked with the corporative structure rather than on the nationality of the final ownership of the airline. This position will be coherent with today's reality in regard to the airline industry of the region.
New Proposal to Amend the System of Airport Slot Allocation in the European Union
Authors: Naumann Christoph
Published: March 2022

Although air traffic in Europe is forecasted to double by 2030, many major European airport hubs are operating at or close to full capacity already today, i.e. they cannot meet the airlines' demand for takeoff and landing slots. A continuous increase of airport capacity (mostly by adding additional runways) is hardly possible in the densely populated European Union. The Council Regulation (EEC) 95/93 on common rules for the allocation of slots at Community airports (CR 95/93) establishes a set of rules for the allocation of takeoff and landing slots which are the most critical bottleneck in European air traffic. The basic allocation principle is grandfather rights: an airline will generally be allocated the same slot in the subsequent scheduling period which it has used in the respective preceding period. Based on the current allocation scheme, peak hour slots at congested airports are almost never available for allocation to a different air carrier. Also, the current allocation scheme does not take into account the seats available on the aircraft used by an airline or whether such aircraft is fuel-efficient or particularly loud. In sum, the current slot allocation mechanism based on grandfather rights does not necessarily promote the efficient use of scarce runway capacity or competition between airlines. Several attempts have been made by the European Commission to alter CR 95/93, but the basic principle of grandfather rights was always preserved. On 1 December 2011, the European Commission published its 'Proposal of the European Parliament and of the Council for a regulation on common rules for the allocation of slots at European Union airports', which objective is to ensure optimal allocation and use of airport slots at congested airports, primarily by strengthening and effectively implementing slot allocation and use, and enhancing fair competition and competitiveness of operators. In preparation of this Proposal, the European Commission carried out a public consultation in 2010 and commissioned various studies to independent consultancy firms. This article discusses the various options explored in the public consultation and the studies which have been included by the European Commission in its Proposal, and what the potential upsides and downsides of such options are should they be eventually enacted.
Jurisdiction and Conflicts of Laws in Contracts of International Carriage by Air
Authors: Deiró Giselle
Published: March 2022

Because of its cross-border nature, air transportation is very often exposed to the legal regimes of different countries. The uncertainty created by this situation was reduced to some extent by the Warsaw System and most recently by the Montreal Convention, which have established a unified uniform liability system applicable to international air transportation. Currently, in international carriage by air, most contracts will fall under the substantive rules of either of these regimes. However, in spite of their success, the unification accomplished by these instruments was not complete and some issues are still left to the national laws. Moreover, the legal traditions of the forum can greatly affect the interpretation of the unified regime the Conventions intend to create. An analysis of the rules applicable to international carriage by air, and the application of these rules made by courts in different jurisdictions demonstrates that domestic legislation has shaped the concepts vested in the Conventions and in many opportunities the interpretation of the courts created significant differences in their application around the world.
Ray of Hope for Airline Alliances: Consideration of Out of Market Efficiencies by the European Commission
Authors: Mohan Manu
Published: March 2022

The article will analyze the application of 'out of market efficiencies' to airline alliance agreements by the European Commission. The Commission in May 2013 issued a decision in relation to the revenue-sharing joint venture on certain routes offered by Air Canada, United Airlines, and Lufthansa (who are all members of Star Alliance).

This decision is the first instance where the Commission accepted the argument of out of market efficiencies. Generally, the assessment of efficiencies by the Commission is confined to 'in market efficiencies' i.e., the markets where concerns were identified by the Commission. Out of market efficiencies are efficiencies which are generated on the market other than the markets where concerns were identified by the Commission.

According to the standard test set out by the Commission in its Guidelines, efficiencies on other markets can be accepted where: (i) two markets are related; and (ii) group of consumers affected and benefitting are substantially the same. The Parties contended that the cooperation created efficiencies on the Frankfurt-New York route (market on which Commission raised concerns) and on other related behind and beyond routes (e.g., Prague-Frankfurt-New York or Frankfurt-New York-Seattle).

In its decision the Commission broadened the standard test in that it did not require the Parties to demonstrate that the groups of consumers travelling on the Frankfurt-New York route and the related routes are 'substantially the same'. It was sufficient for the parties to demonstrate 'considerable commonality' between passengers travelling on the route of concern and the related behind and beyond route.

This article also considers whether the Commission is justified in restricting the application of out of market efficiencies only to those markets which are related to the relevant market.
Protocol to the Tokyo Convention of 1963: A Legal Triumph or Damp Squib?
Authors: Abeyratne Ruwantissa
Published: March 2022

After lengthy preparation and much deliberation, a Diplomatic Conference under the auspices of ICAO was convened in April 2014 with a view to adopting a Protocol to the Tokyo Convention of 1963 on the subject of unruly passengers. The Conference had various issues for discussion, not the least of which were matters of jurisdiction and enhanced security on board aircraft. The Protocol which was adopted as a result of the Conference was signed by only one fifth of the States participating, where all of Europe and most of North America abstained. Even among the developing States, only a handful signed. It is too early to say whether the new Protocol will suffer the same fate as most treaties adopted under the auspices of ICAO, and be shelved with few ratifications. This article addresses key issues of the Protocol and analyses the major differences between the draft Protocol submitted to the Conference and the final Protocol adopted. It also contains a discussion on the significance of the jurisdictional issues and the relevance of the In-flight Security Officer (IFSO) on board an aircraft and includes a commentary on the issues which faced the Conference and the expectation of States involved. There is also a discussion on a Resolution adopted by the Diplomatic Conference.
EU Competition Law Developments in the Aviation Sector: January to July 2014
Authors: Deasy Geoffrey
Published: March 2022

The first half of 2014 has seen quite a substantial increase in competition law activity in the State aid sector in relation to aviation matters with the release of the European Commission's ('Commissions') new state aid rules for airports and airlines, the adoption of a communication prescribing transparency rules and a number of State aid decisions issued by the Commission.
Henri Wassenbergh on Air and Space Law: An Appreciation
Authors: Cheng Bin
Published: March 2022

This is a succinct appreciation of Or Wassenbergh's writings on Air and Space Law, much of which reiterates what the author wrote some years ago in a different context.
Sixth Freedom Revisited in the Twenty-First Century
Authors: Van Brandenburg-Kulkarni Prachee
Published: March 2022

In 1996, Professor Henri A. Wassenbergh published an article in Air & Space Law titled 'The "Sixth" Freedom Revisited', building on his earlier work done on the subject as early as 1957. More than fifty years later this topic is still current. As international transit passengers become a source for more airports worldwide to tap into for income for their respective economies, it is worth looking at the prospects for this freedom of the air and the potential prospect of India jumping on the bandwagon as new kid on the block. Giving the personal role Professor Wassenbergh fulfilled in building up this part of KLM's business it seems an apt way to commemorate his contribution.
The World According to Or - First and Foremost a Tribute to Henri A. Wassenbergh but also Flagging some Strange Inconsistencies in Aviation Law
Authors: Crans Berend
Published: March 2022

In the area of aircraft finance practice one may encounter strange inconsistencies in the legal framework or one may find that certain legal concepts are really not appropriate for the industry as it has developed. In this publication, some of those inconsistencies and outdated legal concepts are described. First, there is the question of the fate of a right of pledge on an aircraft which is registered as to nationality in the Netherlands and which is subsequently recorded in the Dutch Public Registry, being the register maintained pursuant to the 1948 Geneva Convention. Second, the author takes the view that the 1933 Rome Convention on the precautionary arrest of aircraft is outdated and totally out of sync with today's aviation industry. Third, we see the strange situation that the Cape Town Convention, while it does not apply to the European part of the Netherlands, applies to certain special municipalities of the Netherlands, i.e., the BES Islands. This leads to a peculiar situation because the domestic laws of the BES Islands take a different view on, e.g., accession of engines than the Convention. This subject is closely connected with the view expressed by the author that accession rules, to the extent they relate to aircraft engines, should be abolished.
The Single European Sky: What about the Liability Aspect?
Authors: Defossez Delphine
Published: March 2022

Following the liberation of European air transport in the 1990s, the Union has tried to implement dramatic changes by enacting the Single European Sky (SES) Regulations. The cornerstone idea of the SES Regulations is to create so-called Functional Airspace Blocks or FABs. These FABs will normally satisfy the growing capacity requirements of all airspace users and minimize delays by managing air traffic more dynamically. This will have as immediate consequences an increase in efficiency.

This article will examine each of the Treaties establishing the FABs in detail with regard to the liability aspect only and, while acknowledging their advantages, it will point out the differences in the protection they offer and the consequences the author sees happening. This article will also suggest several improvements. The primary focus of the article is the liability aspect in the FAB Treaties, but references to agreements between air navigation service providers (ANSPs) will also be included.

Through showing the advantages of the proposal, this article highlights the hypothesis that the SES will not bring any changes to the current liability framework; to the contrary, it will further blur the general picture by adding a layer of fragmentation.
EU Competition Law Developments in the Aviation Sector: January to June 2015
Authors: Deasy Geoffrey
Published: March 2022

The first half of 2015 continues to highlight the continued importance of competition law in the aviation sector. This article summarizes the main competition law developments over the past six months and then provides the reader with greater detail of each of these developments. The European Commission (‘Commission’) has concluded its third investigation into the global alliance transatlantic cooperation by accepting commitments in the Sky Team investigation. The Commission has again been requested to review a merger involving Aer Lingus, but this time it is IAG’s interest in the airline that was notified to the Commission. With follow-on damages actions1 continuing to play out in court, there has also been an increase in the number of judgments handed down clarifying specific points of law, particularly surrounding the complainant’s request for disclosure. With a non-confidential version of the Commission’s airfreight decision (decided in November 2010) still outstanding, complainants’ requests for access to the confidential version of the decision (available to parties fined by the Commission) continues to dominate cases before the courts in the UK as well as the Netherlands. In April 2015, two of the UK’s competition authorities were merged: The Office for Fair Trading (‘OFT’) and the Competition Commission (‘CC’) were merged to form the Competition and Markets Authority (‘CMA’).
Lufthansa Cargo Flower Flights Colombia/EcuadorAmsterdam: Netherlands Court Judgment on the Applicability of the EUUS Agreement and on Establishment
Authors: van Fenema Peter
Published: March 2022

German Lufthansa (LH) Cargo operated flights carrying flowers between Colombia & Ecuador and Amsterdam. The Netherlands government forbade such ‘illegal 5th freedom’ transport and in August 2013 a Netherlands court supported this decision. The German company’s defence that these cargo flights, because of an intermediate landing in Puerto Rico, were permitted under the EU–US air transport agreement, was rejected by the court. The court also supported the government’s refusal to allow LH Cargo to engage in this transport under the Colombia/Ecuador–Netherlands bilateral regimes, as the airline could not be regarded as ‘established’ in the Netherlands under national and EU law. The article analyses and criticizes the arguments used by the Court and further elaborated in the 2014/2015 appeal stage of the proceedings, when pre-judicial questions to the European Court, both on the interpretation and application of the EU–US agreement and on the ‘establishment’ criterion, were formulated.
Remotely Piloted Aircraft Systems: Some Unexplored Issues
Authors: Abeyratne Ruwantissa
Published: March 2022

The thirty-sixth Session of the Legal Committee (LC) of the International Civil Aviation Organization (ICAO) was held from 30 November–3 December 2015. One of the items under discussion was on legal issues pertaining to Remotely Piloted Aircraft Systems (RPAS) as a new component of the civil aviation system. The item had been placed on the agenda by the Council of ICAO – the governing body of the LC – pursuant to a discussion that emanated from the thirty-eighth Session of the ICAO Assembly held in 2013, whereby the Assembly had recommended that the Council further study the subject of RPAS. At the LC discussion, the ICAO Secretariat presented the LC with a paper which discussed the current regulatory position of RPAS under various existing instruments and offered various interpretations of terminology as background information for the LC. The Secretariat paper was purely informative and analytical in nature, presumably intended as a catalyst for discussion. Although the paper was acknowledged to be of high quality (as it well deserved) and endorsed as such by the majority of members of the LC, the Committee also noted that certain issues relating to the liability regime remained unaddressed. Consensually, the LC was of the view that the legal study on RPAS should remain in the agenda of the LC for some time, until all relevant legal issues on the subject were thoroughly studied and examined. Some of the issues identified by the LC as requiring attention were: the definition of aircraft in flight in the context of RPAS against the backdrop of existing legal instruments; operations over the high seas; cross-border operations; and the responses of Member States to a questionnaire that should be sent by ICAO. This article examines both the ICAO Secretariat paper leading to deliberations of the LC at its thirty-sixth Session as well as some unexplored legal issued relating to RPAS.
Outcome of the 39th Session of the International Civil Aviation Organization Assembly
Authors: Abeyratne Ruwantissa
Published: March 2022

The 39th Assembly of the International Civil Aviation Organization (ICAO) was held from 27 September to 7 October 2016. A much awaited event, particularly as the global community anxiously looked forward to being presented with a long due economic instrument that would introduce a global market based measure scheme to manage aircraft engine emissions, the Assembly adopted several resolutions in the safety, security and environmental fields as well as in the legal field. The policy adopted at the Assembly defines the direction that Member States as well as ICAO should take in moving forward over the three years to follow. Additionally, the 39th Session was flavoured with a new and desirable dimension that couched the resolutions implicitly within two key concepts that have become the overarching philosophy of the Organization. The first of these concepts is the No Country Left Behind initiative of the ICAO Council and the second represents a concerted effort at supporting the Sustainable Development Goals of the United Nations through aviation. This article discusses key resolutions adopted and their nuances for the future of aviation through a legal and policy analysis.
Steef Mennens v. Emirates Direktion für Deutschland
Authors: Brecke Katja Helen
Published: March 2022

In a recently published judgement the European Court of Justice (CJEU) has clarified the rules applying to downgrades according to Article 10 Regulation (EC) No 261/2004. By confirming the carrier's reasoning, the Court held that where a passenger is downgraded on a flight, the price to be taken into account in determining the reimbursement for the passenger affected is the price of the flight on which he was downgraded unless that price is not indicated on the ticket entitling him to transport on that flight, in which case it must be based on the part of the price of the ticket corresponding to the quotient resulting form the distance of that flight and the total distance which the passenger is entitled to travel.

Furthermore, the Court found that for the reimbursement solely the price of the flight itself, to the exclusion of taxes and charges indicated on that ticket, can be taken into account, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased.