bluuebunny/crossref_metadata_2025 huggingface dataset:
Mitigating Effective Control Restriction on Joint Venture Airlines in Asia: Philippine AirAsia Case
Authors: Dy Michelle , Lee Jae Woon
Published: March 2022

The joint venture (JV) ownership model of low-cost carriers (LCCs) in Asia has been responsible for the expansion of LCCs into their neighbouring countries, enabling them to operate interconnected networks under a single brand. The expansion has not been an easy feat. Respective national laws of these JV LCCs still dictate that 'effective control' should be vested with local investors. However, there are signs that this might not be what is actually happening. A closer look at Philippine AirAsia is taken to carefully examine how national government authorities deal with the issue of 'effective control' and to determine whether the observation on JV LCCs in general also rings true for this particular airline. This topic is timely since many JV LCCs recently established in Asia have developed increasingly significant roles in the market. The legal and regulatory aspects of JV LCCs in Asia will also be looked into to deal with how and why the 'effective control' test under domestic law has been mitigated for those airlines. It concludes with a discussion of the policy implications of such mitigation of the 'effective control' test and some observations which could possibly guide future actions of both regulators and airline companies.
Air Transport and the Agreement on the European Economic Area
Authors: Thorsteinsson Ástríður Scheving
Published: March 2022

This article provides a brief overview of the Agreement on the European Economic Area (EEA) with regard to air transport in relation to the three EEA European Free Trade Association (EFTA) States; Iceland, Norway and Liechtenstein. Although regarded as a well-functioning and dynamic agreement, it has certain inherent limitations which are highlighted. The article explores the third-country dimension of the EEA Agreement as regards air services and examines the effects of the ‘open skies’ rulings with regard to the EEA EFTA States and some of the shortfalls of the otherwise level playing field for air carriers within the EEA.

References are also made in this context to three other agreements; the European Free Trade Association Convention, the European Common Aviation Area Agreement and the Swiss-EU Air Transport Agreement.
If You Do Not Know Where You Are Going, You Will End Up Somewhere Else: Update on the Continuing Discussion on Technical Problems and Passenger Rights
Authors: Croon Jochem
Published: March 2022

Within the framework of European Union (EU) Regulation 261/2004, one of the paramount issues remains whether or not a technical defect on an aircraft occurring beyond the control of the air carrier may amount to the concept of extraordinary circumstances for the purposes of Article 5(3) of the Regulation. Following its Wallentin-Hermann ruling of 2008, the European Court of Justice (CJEU) has to deal with another referral on this specific subject (‘van der Lans’). The preliminary ruling is to be expected before the end of this year.

As regards the UK jurisdiction, the Court of Appeal (civil division) with its ruling (on 11 June 2014) in the Huzar v. Jet2 case, came up with an interpretation pursuant to which a technical problem on an aircraft will almost never fall under this concept of extraordinary circumstance. The application seeking permission to appeal by the air carrier concerned was refused by the UK Supreme Court. Also the subsequent requests in the UK by various air carriers to stay proceedings pending the expected decision of the CJEU in respect of new prejudicial questions were turned down

This article intends to provide an update on the discussion on technical problems and passenger rights, merely by some substantive considerations as to why the interpretation by the Court of Appeal in Huzar v. Jet2 is wrong and the decision of the CJEU in the Van der Lans case should be awaited.
The De-registration of Aircraft as a Default Remedy in Aircraft Leasing and Financing Transactions
Authors: Jakobsen Morten L. , Reuleaux Matthias
Published: March 2022

In case of distressed aircraft leasing or asset backed loan transactions it is of utmost importance to obtain physical control over the aircraft as early as possible. The de-registration of the aircraft from the register where the aircraft is registered for the purposes of the operation by the (defaulting) operator is one important feature in the process of securing control. Leasing and financing transactions provide for certain de-registration tools to enhance the owner’s or creditor’s legal position. This article will compare traditional legal concepts which support the de-registration of aircraft with the modern approach contemplated by the Cape Town Convention1 and focuses on certain details and pitfalls to be considered when analysing the various de-registration systems of the Convention in certain Member States to the Convention.
Title IV  Space Resource Exploration and Utilization of the US Commercial Space Launch Competitiveness Act: A Legal and Political Assessment
Authors: Tronchetti Fabio
Published: March 2022

On November 25, 2015, the President of the United States (US) signed into law the US Commercial Space Launch Competitiveness Act. This event received extensive coverage, both in the press and legal literature, mostly due to the content of its Title IV dedicated to Space Resource Exploration and Utilization.

Pursuant to Title IV, US citizens shall be entitled under US law to collect, own, transport and sell asteroid and space resources that they have obtained in the course of resource recovery operations. Considering that international space law does not clarify whether space resources can be appropriated and used for commercial purposes, the enactment of the US Commercial Space Launch Competitiveness Act has been deemed by some commentators to amount to a breach of the international obligations of the US.

In light of this controversy, the purpose of the present paper is to assess the consistency of the Act with international space law and to discuss the legal and political implications related to its adoption and (future) implementation.
Gone With the Wind?: The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World
Authors: Wilson Kerianne
Published: March 2022

Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
Pioneering for Rights of the Differently Abled: Scope under the Montreal Convention
Authors: Raju Nivedita , Sankaran Ramya
Published: March 2022

The ruling of Stott v. Thomas Cook heralded the ‘exclusivity principle’ of the Montreal Convention for future claims for damages. However, the case simultaneously raised concerns regarding the rights of differently abled air passengers. Mr Stott, partially paralysed, was denied all his requests for assistance. This resulted in a series of traumatic events following which, Mr Stott suffered severe emotional harm. When Mr Stott claimed damages under the concerned EC Regulations, it was held that the Convention would be applicable exclusive to all other laws.

This article examines a new line of reasoning in arguments for differently abled passengers, in light of the circumstances of Stott. The article identifies relevant international and national legislations on rights of differently abled passengers to substantiate a claim under the Convention, from a fresh perspective, without overturning the exclusivity principle. The authors argue that failure of an airline to abide by prevailing national and international laws on disability rights amounts to an ‘unexpected event’ and breach of duty of care, thereby falling within the purview of an ‘accident’ under the Convention.

Applying abundant case law on the interpretation of Article 17, the authors aim to craft a successful claim for damages for differently abled air passengers, under selected circumstances unexplored by courts, within the confines of the Convention.
Accident Investigators Are the Guardians of Public Safety: The Importance of Safeguarding the Independence of Air Accident Investigations as Illustrated by Recent Accidents
Authors: Challinor Chloe A.S.
Published: March 2022

The sole objective of an air accident investigation is the prevention of future accidents; its purpose is not to apportion blame or liability. This mantra of air accident investigators combined with requirements to ensure the independence of investigations – all contained in ICAO Annex 13 to the Chicago Convention – affords investigators the opportunity to review crucial evidence and reach conclusions on the cause of an accident without fear of recrimination or the presence of undue pressure. Ultimately, these provisions allow the proper and independent investigation of accidents and encourage aviation safety to be furthered.

Recent high profile accidents have laid bare the pressures faced by investigators from within the investigation itself and external sources including the media, victims’ representatives, manufacturers, operators, and the spectre of blame proceedings. This article will study these stress points in the context of recent accidents and seek to illustrate why it is of fundamental importance to the independence of future air accident investigations, and the quality of the resultant safety outcomes, that such pressures are recognized and addressed by the International Civil Aviation Organization (ICAO). It will also consider whether the recently issued 11th edition of Annex 13 incorporating Amendment 15 achieves these aims.
The Downing of MH17: Fact-Finding and Constructing a Legal Response
Authors: Ölçer F. Pinar
Published: March 2022

This contribution provides an overview of the current state of affairs with regards to the investigation of the downing of Malaysia Airlines Flight MH17 in Donetsk Oblast, Ukraine on the 17 July 2014 and the progress of (decision-making with regards to) legal recourse (potentially to be) sought in relation to the downing. An overview is also provided of the distinct forms of legal recourse which have been mentioned as options. Some reflections on the type and scope of response that would be desirable conclude the article.
Is the European Commission Fulfilling Its Ambitious Aviation Strategy?
Authors: Schulte-Strathaus Ulrich
Published: March 2022

On 8 June 2017, the European Commission adopted a series of measures designed to further support growth in the European and international aviation market (Communication on Aviation: Open and Connected Europe, SWD(2017) 207 final) as implementation of the EU Aviation Strategy (Communication from the Commission: An Aviation Strategy for Europe, COM/2015/0598 final). Two of the measures address challenges facing the EU internal aviation market (Interpretative Guidelines on Regulation (EC) 1008/2008 – Public Service Obligations (PSO), COM (2017) 3712 final; Commission Staff Working Document on practices favouring Air Traffic Management Service Continuity, SWD (2017) 207 final). Two further measures address issues related to international aviation (Interpretative Guidelines on Regulation (EC) 1008/2008 – Rules on Ownership and Control of EU air carrier; Proposal for a Regulation on safeguarding competition in air transport, repealing Regulation (EC) No 868/2004, SWD (2017) 182 final, SWD (2017) 183 final). Of the four measures, only one is a legislative proposal, the remaining three are of a non-binding legal nature. The Commission proposes to adopt a new Regulation on trade protection for EU aviation which would replace Regulation 868/2004. The legislative process required before final adoption of the Commission’s proposal has not yet commenced; ultimately the final outcome of the process could differ significantly from the original proposal under review in this article. The author therefore addresses the question of whether, if adopted as suggested in its current wording, the new Regulation 868 would deliver on the intended improvements of the former legislation, become practicable and have strategic impact. The author concludes that the legislative proposal on trade protection is indeed a significant step towards helping the EU effectively address international distortions to competition in the aviation sector. Specific issues would need to be clarified, but the political debate could reveal that the thrust of the proposal would not be acceptable to several stakeholders. Given that ongoing market deployments have eroded the relevance of several regulatory provisions, the author questions whether the Commission’s approach to present interpretative guidelines to current provisions of Regulation 1008/2008 are sufficient to deliver meaningful progress in implementing the EU Aviation Strategy. The author finally evaluates the measures which the Commission proposes to contain the damaging economic effect of labour action in the field of air traffic management.
Air Passenger Rights in the Electronic Age
Authors: Haanappel Peter P.C.
Published: March 2022

For many decades, the private law rights of passengers against their air carriers were covered by the 1929 Warsaw Convention and its various amendments, supplemented by the International Air Transport Association (IATA) Conditions of Contract and Carriage of the airlines. Air carriers and their (travel) agents administered this worldwide system through their distribution of the air travel product. Over the years, the distribution system has changed considerably: computerized reservation systems were introduced; more and more did passengers or third parties on their behalf begin to contract directly with the airline of their choice, bypassing the agent, and more and more did they do so online, electronically, from their home or office computers.

Meanwhile, the Warsaw Convention was replaced by the 1999 Montreal Convention. Also, following deregulation and liberalization of the airline industry, and a concomitant decrease in the regulatory influence of IATA, consumerism entered the air travel world prompting governments and the European Union to adopt special legislation or regulation on matters such as denied boarding, flight cancellations and delays. This new form of air passenger protection has been backed up and broadened by the courts, particularly in Europe. It has been opposed by the airlines, particularly the low cost carriers. The situation today seems to have become wasteful with too much uncertainty, too many claims, and too high transaction costs for all parties involved.

Lastly, electronic and digital techniques have deeply penetrated the domain of the conclusion of the contract of carriage by air. Electronically concluded contracts have now become the most common form of contracting for the non-professional traveller, that is the individual air transport user, the consumer, who contracts directly with his or her airline, using electronic and digital means to do so.

These are three distinct, but interrelated issues: the contractual distribution of the air travel product; the impact of consumer law; and electronic contracting (e-commerce). Each issue will be addressed in a separate part of the article. It seems that the time has come to try to forge a new contractual deal between airlines and their passengers: global, transparent and cost efficient. This article attempts to make a contribution to this beginning debate.
State Responsibility for Exogenous Interference with Air Navigation: Some Legal and Regulatory Issues
Authors: Abeyratne Ruwantissa
Published: March 2022

When the author was working in the International Civil Aviation Organization (ICAO) Secretariat, he was made aware of concerns arising with regard to the issue of numerous instances where aircraft of Korean Air, when entering the airspace of the country of its nationality, had lost all communications with air traffic services, which caused potential danger to the safety of the aircraft and persons therein. Some suspected that exogenous electromagnetic interference with air navigation originating from the Democratic Peoples’ Republic of Korea was causing these communication lapses and wondered whether the matter could be placed before the ICAO Council for consideration. The author’s advice was that any member of the ICAO Council had the right to submit a working paper to the Council in general terms, as at that time, there was no concrete proof of such interference by the North Koreans. As this article shows, there have been numerous media reports of such incursions experienced by the Republic of Korea and evidence that ICAO has taken some action towards addressing the issue. Such action taken, both directly and through the release of guidance material, as well as the legal issues that emerge from this potentially dangerous threat, are discussed in this article.
Is the World Ready for Drones?
Authors: Macpherson Ewen
Published: March 2022

Remotely Piloted Aircraft (RPA) are revolutionizing the world. RPA, Unmanned Aerial Vehicles (UAVs), Unmanned Aircraft Systems (UAS) or ‘drones’ present many new opportunities for a diverse range of industries and practices. Drones are a new way for a closer societyaviation relationship, transportation of goods and data gathering. These opportunities present corresponding challenges: safety around people, infrastructure and other airspace users; privacy, and international uniformity. It is only a matter of time before drones will need integration with non-segregated airspace. Very soon drones could make international flights, particularly in regions with many countries in close proximity (e.g. Europe, South East Asia). Despite these exciting prospects, drone technology is outpacing national and international law. International aviation regulations are governed by the Chicago Convention 1944 and administered by the International Civil Aviation Organization (ICAO). Countries around the world are waiting for the first drone Standards and Recommended Practices (SARPs) from ICAO due in 2018. In the meantime, countries have received from ICAO a 2011 Circular Advisory, the 2015 Manual on Remotely Piloted Aircraft Systems (RPAS’) and Annex 2 Appendix 4 of the Chicago Convention. Working with this limited guidance, research to date on New Zealand, the United States and Singapore demonstrates great divergence in regulatory approaches and overall shows current State drone regulations are inadequate or failing on the current concerns. Therefore, clear guidance and uniformity is needed from ICAO.
European Union Competition Law Developments in the Aviation Sector: July to December 2017
Authors: Strom Martin
Published: March 2022

The second half of 2017 has seen a number of competition law developments relevant to the aviation sector.

This article summarizes the main developments over the past six months and provides the reader with greater detail of each of these developments.

The European Parliament is considering a new proposal which would enable European Union (EU) airlines to challenge the behaviour of non-EU competitors before the European Commission (Commission). The new proposal would help address the sustained criticisms levied by EU airlines against suspected state subsidies being offered to certain non-EU airlines. Under the new proposal, EU carriers would need to show that the actions of a non-EU carrier have caused, or threaten to cause, injury to at least one EU carrier.

In the wake of the UK’s referendum result to leave the EU (‘Brexit’), the UK Government has published a consultation document concerning a possible overhaul of the aviation competition and State Aid rules following Brexit. The consultation is focussing on the so-called ‘grandfather rights’ of slots and whether these rules contribute to the underutilization of airport capacity, as well as whether the rules on state support should be amended to better cater for projects which have wider economic or social benefits. In a similar development, a senior representative of the Civil Aviation Authority (CAA) has emphasized the benefits of the UK retaining the EU rules governing airline ownership and subsidies for airports as a means of ensuring continued access to the European aviation market following Brexit.

In addition, the insolvency of Air Berlin has caused a number of developments. For example, Ryanair has lodged a complaint with the German competition authority and the Commission alleging, amongst other things, that Air Berlin’s insolvency has been manufactured in order to allow Lufthansa to acquire Air Berlin free of debts. The Commission has also approved easyJet’s acquisition of certain Air Berlin assets, as well as approved the acquisition by Lufthansa of certain Air Berlin assets (but not all assets it originally intended to acquire) subject to commitments from Lufthansa. During the investigation, the Commission granted derogations to Lufthansa from the obligation to suspend the completion of a merger until clearance, in order to ensure that the business could be acquired as a going concern.
Fifth Freedom Traffic Rights: Formidable Threat or Theoretical Concern?
Authors: Horton Will , Lee Jae Woon
Published: March 2022

The fifth freedom right means that the aircraft of country A, from a service originating in country A, is allowed to embark passengers and cargo in country B and disembark them in country C. The fifth freedom has been controversial largely because country B and country C (and their national carriers) often view country A airlines as ‘stealing’ their own markets. Although the controversy still exists, the liberalization of market access restrictions has spread to many parts of the world and governments have granted more fifth freedom rights. Interestingly, however, the use of fifth freedom passenger rights has been decreasing. The decline of fifth freedom flights is largely due to the following factors: the availability of longer range aircraft, integrated airline partnerships and growing sixth freedom offerings. Passengers are connecting via airline partnerships, and on sixth freedom-heavy airlines. Such options can more adequately serve markets than fifth freedom operators. There are also greater third and fourth freedom short-haul flights, largely due to the development of low-cost airlines. There are some markets where fifth freedom markets are under scrutiny. Certain airlines still seek and operate fifth freedom routes in order to enlarge the market available to them. Compared to the trend, however, these are minor developments. The significance of fifth freedom traffic rights will continue to diminish.
The International Dimension of EASA Under the New Basic Regulation
Authors: Uva Rita Sousa
Published: March 2022

With an expected date of publication to occur in 2018, the new European Union (EU) Regulation on common rules in the field of civil aviation (hereinafter referred to as the New Basic Regulation) will consolidate the international dimension of the European Aviation Safety Agency (EASA), opening up interesting perspectives to its coordinating role. This article will briefly describe the evolution of the international framework of EASA since the founding Regulation in 2002 and offer a summary of the expected regulatory changes. (The article refers to the proposed Regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations -(EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91, Interinstitutional file 2015/0277 (COD), Brussels, 15 June 2018, publicly available and last consulted on 18 July 2018, at http://data.consilium.europa.eu/doc/document/PE-2-2018-INIT/en/pdf.)
Disrupted Flights and Information Duties of Air Carriers: The Interplay Between Regulation (EC) No 261/2004 on Air Passenger Rights and the Unfair Commercial Practices Directive
Authors: Chatzipanagiotis Michael
Published: March 2022

Regulation (EC) No 261/2004 on passenger rights in cases of denied boarding and of cancellation or delay of flights includes provisions on the air carrier’s duty to inform passengers of their rights. In this regard, the Regulation interacts with Directive 2005/29/EC on Unfair Business-to-Consumer Commercial Practices. Failure of the carrier to provide complete, clear and accurate information to passengers could be an infringement of both legislative instruments, and entail parallel or subsequent administrative enforcement proceedings at both national and crossborder level. This article analyses the carrier’s duty to inform, pursuant to the provisions of these instruments. Special emphasis is laid on certain parameters of administrative enforcement, especially the power to investigate infringements as well as the duplication of proceedings and penalties, taking into account aspects of fundamental human rights.
European Union Competition Law Developments in the Aviation Sector: July to December 2018
Authors: Strom Martin
Published: March 2022

The second half of 2018 highlights that the aviation sector continues to see developments new in competition law. This article summarizes the main developments over the past six months and provides the reader with greater detail of each of these developments.

 

One major development is the July 2018 judgment by the European Court of Justice in the dispute between flyLAL, on the one hand, and Riga Airport and Air Baltic, on the other. The court ruled that flyLAL was entitled to bring an action for damages against Riga Airport and Air Baltic (both Latvian companies) in Lithuania. In doing so, the Court clarified the interpretation of both Articles 5(3) and 5(5) of Regulation 44/2001. In particular, it ruled that loss of earnings caused by predatory pricing can constitute initial damage for the purposes of Article 5(3) and clarified the circumstances in which a tortious claim can be brought in the location of a branch of the defendant under Article 5(5).

ASL has launched a claim for damages before the General Court arguing that the European Commission’s (the ‘Commission’) decision to block the proposed acquisition of TNT Express by UPS, on the grounds that the intra-EEA (European Economic Area) express small packages delivery services market would be reduced in a large number of Member States, has caused ASL to incur losses of EUR 263m. The Commission’s decision to block the merger has since been overturned by the General Court, and an appeal brought by the Commission is currently pending before the European Court of Justice.

This period has also continued to see a succession of State aid cases heard in the General Court, with no less than five judgments involving Ryanair. Ryanair appealed decisions by the Commission concerning State aid at airports in Nîmes, Angoulême, Altenburg-Nobitz and Pau-Pyrénées (where Transavia also lodged an appeal), but was unsuccessful in each. However, the General Court did annul a Commission decision, insofar as it related to Ryanair and its subsidiary, finding that they had received illegal State aid at Zweibrücken airport in Germany.
The Decision in TUIfly: Are the Ryanair Strikes to Be Seen as Extraordinary Circumstances?
Authors: Kucko Magdalena
Published: March 2022

By analysing national as well as European Union case law, this article offers an interpretation of the status of a strike as an extraordinary circumstance under EU Regulation 261/2004. The main finding is that while in the past, it was unclear whether a strike constituted an extraordinary circumstance under Regulation 261/2004, at present it is more likely to assume that it will not be encompassed by this exception. As a consequence, Ryanair will likely face myriad claims from passengers having suffered from its cancellations in the summer of 2018. The article further identifies that in the TUIfly decision, the European Court of Justice is implicitly approving of unauthorized industrial action which provides for an unwelcome development in the global aviation industry
The Nature of Some Subjects Requires Uniform Regulation and Aviation Is a Prime Example
Authors: Ellis Jeffrey
Published: March 2022

Determining whether the United States federal government or the individual states govern aviation-related matters is an issue that is integral to any legal analysis involving a US based operator, manufacturer or regulatory body. Resolution of this issue requires application of the preemption doctrine. That doctrine has its roots in the US Constitution and the foundational jurisprudence interpreting same. In recent times, this doctrine has become the subject of an increasingly complex legal analysis. The purpose of this article is to explain why the preemption analysis need not be so complex. A review of the early Supreme Court case law dealing with the inherent power of the federal government to regulate commerce along with the Supreme Court's early cases dealing with aviation regulation demonstrate that a far simpler analysis can be applied. This approach is consistent with the purpose and intent of the framers of the US Constitution and also simple common sense. As former Supreme Court Justice Potter Stewart once said when addressing another constitutional issue involving the power of the States to regulate pornography/free speech, there are some subjects that so obviously require federal regulatory control that you ‘know it when you see it.’
National Implementation of Non-Legally Binding Instruments: Managing Uncertainty in Space Law?
Authors: Tapio Jenni , Soucek Alexander
Published: March 2022

Non-legally binding instruments are increasingly influencing the contemporary international approach towards the development of regulation of space activities. The example of space debris mitigation was – and remains – a prominent paradigm that has not only given way to a set of international non-legally binding guidelines and standards, but also reinforced the standing of ‘soft law’ as an alternative format for global norm setting. However, the successful development and proliferation of non-legally binding instruments for space debris mitigation is neither a proof, nor a guarantee, that such non-traditional approaches to norm setting can ultimately provide a necessary level of legal certainty in space law, as such an approach comes with challenges. Those are also relevant for the national implementation of the Guidelines on the Long-Term Sustainability of Outer Space Activities adopted in June 2019 by the United Nations Committee on the Peaceful Uses of Outer Space. This article discusses the levels of national implementation of non-legally binding instruments and their effectiveness in reaching the purpose and objectives of such instruments. In doing so, it shall shed light on the contribution of soft law and its national implementation to the development of space law at large.
Adoption of the Building Blocks for the Development of an International Framework on Space Resource Activities
Authors: - -
Published: March 2022

On 12 November 2019, The Hague International Space Resources Governance Working Group adopted the Building Blocks for the Development of an International Framework on Space Resource Activities by consensus.

The Working Group was established in 2016 with the purpose to assess the need for a governance framework for space resource activities and lay the groundwork for such framework. The Building Blocks reflect four years of discussions among the members and observers of the Working Group, representing industry, space agencies, international organizations, governments, academia and civil society.

The first draft of the Building Blocks was presented in 2017 in order to solicit feedback from the international community. This draft was also published this Journal (Developments of the Hague Space Resources Governance Working Group, 42(6) Air & Space L. 625–634 (2017)). The comments received, as well as input from the Technical and the Socio- Economic Panels of the Working Group, were taken into account for subsequent revisions of the Building Blocks.

The final version of the Building Blocks presented here below will be complemented by a Commentary, to be published in the Spring of 2020.

Space resources, space mining, adaptive governance, priority rights, sharing of benefits
Legal Aspects of Satellite Constellations
Authors: Bielicki Damian M.
Published: March 2022

In recent years a few entrepreneurs proposed launching into space large fleets of satellites, consisting of hundreds of satellites, often referred to as ‘constellations’. Their role is to provide satellite services to the largest possible number of users on Earth. This article provides a review of key legal issues associated with satellite constellations, including responsibility and liability for potential damages caused by satellites being a part of a constellation, insurance, registration of space objects, allocation of radio frequencies and orbital slots, and space debris.

satellite constellations, space law, space insurance, liability, space debris
An EU Perspective of ‘Fair Competition’ in Global Air Transport
Authors: Schneider Scott
Published: March 2022

This article discusses the framework of the European Union (EU) prohibition on anti-competitive behaviour in the context of benefits and risks to actors within its air transport market. The significance of third countries endorsing variant regulatory frameworks as the EU begs the question of what constitutes ‘fair competition’. The lack of a universal meaning of this concept may be an opportunity for the EU to lead a discussion in reaching a global approach to ‘fair competition’ in line with the foundations of its internal framework while also appealing to the wider, international, industry. The recent initialling of a comprehensive air services agreement between Qatar and the EU provides discussion on a proactive way forward for reconciling EU competition policy to the approaches among the external air transport market. Ultimately, this article considers whether the EU’s model of promoting competition is fit for a global air transport market and whether or not there may be another approach to bring about a cohesive playing field not only within Europe but among the international air transport market worldwide.

competition, aviation, transport, market, regulation.
The Future of the United Kingdom’s Space Industry in a Post-brexit World: Mitigating the Effects of Brexit on the UK’S Commercial Space Industry
Authors: Crawford Hannah
Published: March 2022

International cooperation exists as the fundamental legal cornerstone of space exploration and has underpinned the United Kingdom’s role in outer space. Instigated by a surge of commercial activity in outer space, mankind is approaching a second space age whilst many of the world’s governments are captivated by increasing levels of nationalism. Focusing on the nationalism of the United Kingdom and corresponding ideology, this article purports that ‘Brexit’ poses a risk to the survival of the United Kingdom’s commercial space industry. As such, this article seeks to consider the ways in which this former great power can hone in on its history of integration and alliance in outer space and thrive in these burgeoning commercial space ventures.

European Union, Space Policy, Brexit
The End of Closed Airspace in the Middle East: A Final Move on the Regional Chess Board?
Authors: Mendes de Leon Pablo
Published: March 2022

Closure of airspace has become a new topic on the aviation agenda of the twenty-first century. States adopted this measure to begin with on 11 September 2002. The US closed its airspace for about five days after the occurrence of this tragedy in New York for all air traffic. European States did the same after the eruption of the Icelandic volcano Eyjafjallajökull in 2010. Pakistan shut its airspace in February 2019 after India carried out an air strike against a presumably terrorist training camp in Pakistani territory.

While the above measures could be labelled as ‘incidental’ in terms of time period, the closures of airspace implemented in the second half of the second decade of this century are more ‘systematic’. They last longer and have a deeper background. Reference is made to the closure of airspace in the Middle East, and in practically all States following the outbreak of the Coronavirus disease 2019 (COVID-19) pandemic.

This brief paper will focus on the closure of airspace in the Middle East, which came to an end in January 2020, and pay attention to the regulatory proceedings surrounding it. These can only be understood against the wider political, historical and perhaps also religious background. Those factors contribute to the fragility of the legal arrangements underpinning the diplomatic deal.

closure of airspace, sovereignty and territorial jurisdiction, non-discrimination, air traffic services, compensation of damages
Saving Competition in Hong Kong’s Aviation Market
Authors: Lee Jae Woon
Published: March 2022

Hong Kong is a regional and international aviation hub and aviation is the lifeblood of the Hong Kong economy, providing connectivity for the flow of people and goods between the city and the rest of the world. Despite its significance to Hong Kong’s economy, Hong Kong’s aviation market has a number of ambiguities from a competition perspective. As one of the most regulated industries, aviation intersects with competition law, and their intersection requires a systematic approach. There are ex ante regulatory powers available to aviation regulators and ex post competition law powers in many areas of the aviation market. Without coordination between the Hong Kong Competition Commission (HKCC) and aviation agencies in Hong Kong, overlapping areas will be regulated haphazardly. Since Hong Kong’s current aviation regulations do not consider competition review, the overlapping areas will be subject to the HKCC’s ex post enforcement power. The current system creates confusion and uncertainty for airlines, who would assume that their business activities have been approved by aviation regulators. This article identifies competition law issues in Hong Kong’s aviation market and makes recommendations on how to address them.

Hong Kong, Aviation Market, Aviation Law, Competition Law, Hong Kong Competition Commission
The Fragmentation of Property Rights in the Law of Outer Space
Authors: Tjandra Jonathan
Published: March 2022

Neither customary international law nor existing outer space treaties provide clear answers as to whether property rights can exist in outer space. In this Article, I will argue that under international law, there exists a fragmented system of property rights, namely, a right to use outer space with a limited right of exclusion. This interpretation is supported by an analysis of Roman private law and common law philosophical theories of property. However, I argue that this fragmented system of property rights is insufficient to deal with the problems of scarcity and unequal distribution of technology that arise from the unique context of outer space.

Space law, property rights, Roman law, territorial sovereignty, national appropriation
EU/UK Aviation Relations Following Brexit
Authors: Balfour John
Published: March 2022

Brexit, UK, EU, Aviation
The Interception of Civil Aircraft
Authors: Schubert Francis
Published: March 2022

This article investigates the regulatory framework that governs the interception of civil aircraft. It analyses the various circumstances that may justify such interventions as well as the main legal principles that apply to their conduct. Particular attention is given to the States’ obligations under the Chicago Convention, and more specifically the obligation of due regard for the safety of civil aircraft that applies to the adoption by States of regulations for their State aircraft. The research investigates the civil-military cooperation framework and the procedures that must be followed by the various civil and military stakeholders involved with a view to reducing the need for interceptions and to ensure that those that ultimately need to be undertaken can be executed without endangering the safety of civil aircraft.

Interception; Due regard; Civil military cooperation; Article 3bis; Unidentified and strayed aircraft
Synthesis, Characterization, Photocatalytic and Antimicrobial Activities of Copper Doped Silver and Nickel Oxide Nanoparticles
Authors: Shaukat Nosheen , Ahmad Zaheer , Munawar Khurram Shahzad , Abbas Syed Mustansar
Published: March 2022

ABSTRACT: The copper-doped silver and nickel oxide nanoparticles were prepared by the co-precipitation method in which the silver oxide (Ag2O) and nickel oxide (NiO) nanoparticles are doped with copper in 4:1 in the presence of sodium dodecyl sulfate (SDS), a surfactant. Then various analytical studies were carried out by using X-ray diffraction (XRD) and Diffuse reflectance spectroscopy (DRS). The XRD analysis revealed the crystalline structure and the size of nanoparticles was determined by using Scherrer’s formula. The XRD data showed the effect of doping on crystallinity and size. It was found that the size of nanoparticles was reduced without any change in crystallinity after doping. DRS results showed that when silver oxide and nickel oxide nanoparticles were doped with copper oxide nanoparticles, the energy band gap was shifted to a lesser value, i.e., from 1.50 to 1.17 eV for Ag2O and from 2.29 to 2.08 eV for NiO, respectively. The photocatalytic degradation of methylene blue (MB) and eriochrome black-T (EBT) by nanoparticles was monitored by UV-Vis spectroscopy. The antimicrobial activity of the synthesized nanoparticles was checked by using well diffusion assay and it was found that doped nanoparticles were more active than the undoped ones.
Antimicrobial susceptibility patterns of bacterial isolates from routine clinical specimens of a tertiary hospital in Bangladesh
Authors: Hossain Md. Anwar , Hossain M. Mahboob , Begum Nilufar
Published: March 2022

Background and objectives: To prevent the emergence and spreading of antimicrobial resistance, especially multidrug resistance in pathogenic bacteria, the selection of appropriate antibiotics is a prerequisite for the effective treatment of infection.This study aimed to analyze the prevalence and antimicrobial resistance patterns of bacterial isolates from various clinical samples in a tertiary care hospital.

Methods: This study was conducted at a teaching hospital of Dhaka city, Bangladesh from January 2020 to March 2021. The results of culture and antimicrobial susceptibility of bacterial isolates from various clinical samples were collected and analysed. Identification of bacteria and antimicrobial susceptibility test were performed according to the standard methods.

Results: A total of 1277 bacterial isolates was analyzed. Of them, 1072 (83.95%) were Gram-negative, and 205 (16.05%) were Gram-positive bacteria. Among the isolates, Escherichia coli (n=576), Enterobacter spp. (n=150), Klebsiella spp. (n=140), and Staphylococcus aureus (n=117) were predominant.The Enterobacteriaceae showed higher resistance to cephradine (94.3%) and cefuroxime (76.7%), whereas least resistant to imipenem (10.1%) and meropenem (14.8%). Pseudomonas spp. was highly resistant to ceftriaxone (80.2%), and colistin (70.8%), whereas least resistant to piperacillin-tazobactam (15.1%). Colistin was the most effective agent (resistance 6.7%) against Acinetobacter spp. Linezolid (resistance 1%) and vancomycin (resistance 2%) were highly effective against Gram-positive bacteria. Among the Staphylococcus aureus, 95.7% were methicillin-resistant (MRSA). A total of 889 (69.6%) bacterial isolates were identified as multidrug resistant. Multidrug resistance was more prevalent in Gram-positive isolates (79.5%) than that of Gram-negative bacteria (67.7%). Furthermore, 7.5% of Gram-negative bacterial isolates were resistant to all seven classes of antibiotics tested.

Conclusions: This study revealed presence of high rate of resistance to several antimicrobial agents in bacteria isolated from various clinical samples.The findings would help healthcare professionals to select appropriate antibiotics for the effective treatment of infections and to develop antibiotic stewardship protocol.

IMC J Med Sci 2022; 16(1): 005

*Correspondence: M. Mahboob Hossain, Microbiology Program, Department of Mathematics and Natural Sciences (MNS), BRAC University, 66 Mohakhali, Dhaka 1212. E-mail: mmhossain@bracu.ac.bd
Comparison of clinicopathological and preoperative computed tomography findings of sinonasal masses
Authors: Sasidharan Namrata , Pilakkal Abdunnasar Moodem , Pillai Santhi Thankappan
Published: March 2022

Background and objectives: Computerized tomography (CT) scan with contrast can delineate soft tissue pathologies and is now the first choice in diagnosing sinonasal malignancy and inflammatory lesions. The present study compared the diagnostic nasal endoscopy (DNE) and CT scan to diagnose cases presented with sinonasal mass.

Materials and methods: This was a descriptive study conducted on patients with sinonasal masses attending at Government TD Medical College, Alappuzha, Kerala from 1/1/2014 to 30/6/2015. Each patient was examined by diagnostic nasal endoscopy and had undergone preoperative CT scan. Histopathological examination of the specimens was carried out and compared with the findings of DNE and CT scan.

Results: A total of 72 cases were enrolled in the study. Age group was from 13-85 years with a male to female ratio of 1.3:1. Nasal obstruction was the commonest symptom. Among the 72 cases, 59 belonged to the non-neoplastic group and 13 to the neoplastic group. Sinonasal polyps (65.3%) formed the majority of the non-neoplastic lesions. Vascular lesions (6.9%) were the commonest benign neoplastic mass and malignancy was seen in 6.9% of cases. Diagnosis by DNE and CT scan was same except in 3 cases. Histopathology and radiological scan result correlated well except in 3 cases.

Conclusion: Histopathology still remains the gold standard in the diagnosis of sinonasal masses. Clinical, CT scan and histopathology diagnoses were complementary with each other. However, CT scan is indispensible in studying the anatomical variants and providing the route map prior to and during endoscopic sinus surgeries.

IMC J Med Sci 2022; 16(1): 008

*Correspondence: Santhi Thankappan Pillai, Department of Otorhinolaryngology, Government TD Medical College, Vandanam, Alappuzha, Kerala 688005, India. Email: sttpillai@gmail.com