bluuebunny/crossref_metadata_2025 huggingface dataset:
Multilateral Trade Agreement for Civil Aviation
Authors: Lazar Fred
Published: March 2022

Emirates Airlines wants greater access to Canada than is currently permitted under the existing Air Services Agreement between Canada and the United Arab Emirates. Thus far, the Government of Canada has legitimately refused the requests. The dispute between Canada and the United Arab Emirates (UAE) over air traffic rights boils down to two fundamental issues that transcend both countries:

1. The importance of the civil aviation sector (airlines, airports, and support services) to the economies of both countries; and

2. The importance of a level playing field for competition between the domestic carriers of each country and between the major hub airports of each country.

It is time to have a serious debate on the future regulatory structure for the global civil aviation industry.

The resolution of the second issue necessitates that we revisit the current regulatory structure for the airline industry and consider moving away from bilateral Air Services Agreements to a multilateral framework for the industry.

There are at least three different ways to proceed to address the issues related to subsidies, capacity dumping, and safeguards for the airline industry. While the multilateral approach is the preferred option, it is unrealistic to assume that there will be sufficient support to move quickly to multilateral negotiations. Nevertheless, it is important to begin to move in this direction, not only to resolve disputes such as the one between Canada and the UAE but also to be prepared to resolve future disputes that inevitably will arise.

While Emirates Airlines executives have focused on the importance of consumer interests, there are many more stakeholders involved, and even consumer and taxpayer interests might not be best served by subsidies, capacity dumping, and arbitrary decisions to retaliate.
The 2010 ASEAN-China Air Transport Agreement: Placing the Cart before the Horse?
Authors: Khee-Jin Tan Alan
Published: March 2022

In November 2010, the ten States of the Association of Southeast Asian Nations (ASEAN) adopted a new air transport agreement (ATA) between them, as one entity, and the People's Republic of China. At first glance, the new ATA is significant - it offers unlimited third/fourth freedom access between the ASEAN States and China. Crucially, however, it falls short of allowing the ASEAN carriers to operate between another fellow ASEAN Member State and China. The ATA is thus not a full-fledged common aviation market arrangement. In effect, it provides the Chinese carriers with a greater advantage in that they are able to connect any point in China with any point in ASEAN. Conversely, the ASEAN carriers can only connect any point in their home States with any point in China. This asymmetry will prove disadvantageous to the ASEAN carriers in the long run, reminiscent of the problems the European carriers once faced with the United States. The ATA must be understood within the context of the separate but related intra-ASEAN liberalization agreements, themselves works in progress that have not yet created a common aviation market within ASEAN itself. By pursuing an ATA with an external market without carving out a unified internal market first, ASEAN appears to be placing the cart before the horse and setting its airlines up for serious competitive disadvantages once the Chinese carriers become stronger players.
The Damaged Quilt: Inadequate Coverage of the Montreal Convention
Authors: Neenan Peter
Published: March 2022

In 1999 following agreement on the wording of the Montreal Convention, the old Warsaw Regime was proclaimed to be modernized. Now, eight years since that Convention entered into force in 2003, this article examines whether the old Warsaw Regime has truly been left behind. Through quantitative analysis of ratification states and accident statistics, the article finds that while many states have ratified the Montreal Convention, the majority of the most important states, those whose airlines continue to fall from the sky, have failed to ratify the Montreal Convention. For families of major aviation disasters, this presents a bleak future; until such time as those states ratify the Montreal Convention, we will have failed to modernize the Warsaw Regime, and many families will remain vulnerable.
The Application of the EU ETS System to the Aviation Sector: From Legal Disputes to International Retaliations?
Authors: Manzini Pietro , Masutti Anna
Published: March 2022

In December 2011 the European Court of Justice has affirmed the legitimacy of Directive 2008/101/EC which include the air transport in the Emissions Trading Scheme (ETS) system. The ruling of the Court raised strong reactions especially by non-EU air carriers affected by the extension of the European trading system to the part of the flight taking place outside the European airspace, including the high seas. The opposition of the non-EU air carriers is expressed in a common statement of 21 February 2012 in Moscow, containing the overview of possible actions to be taken as a consequence of the Court's decision. The proposed actions include the opening of a proceeding for dispute settlement according to Article 84 of the Chicago Convention, the adoption by the non-EU countries of national provisions intended to hinder the application of the EU Directive to their air carriers, the reconsideration of the implementation of the existing agreements and the suspension of the negotiations on the others. The article analyses the legal viability of these actions and it argues that none of those can be easily put into practice. By contrast, it is suggested that a mutual acceptable solution must be sought in the framework of the International Civil Aviation Organization (ICAO).
Airline Insolvency Protection: A Justified Form of Relief or the Next Level of Consumerism?
Authors: Steppler Ulrich , Vogler Ralf
Published: March 2022

It would appear that with every holiday season and every airline insolvency consumer watchdogs reiterate their call for the introduction of an aviation bankruptcy regime to help stranded passengers return safely and have their air fares refunded if an air carrier has to cease operations due to financial difficulties. In this paper the authors look at the legality of various regulatory options from the perspective of European and international law and come to the conclusion that a funds solution would be a violation of international law and that other forms of relief or protection are neither necessary nor helpful.
CJEUs Decision in Nelson and Others in Light of the Exclusivity of the Montreal Convention
Authors: Radoševic Sonja
Published: March 2022

The most recent decision by the Court of Justice of the European Union (CJEU) on passenger rights in air transport, based solely on interpreting internal European Union (EU) air law, yet again places at risk the international air law obligations of the twenty-seven EU Member States. The Montreal Convention 1999 (MC99), in its Article 29, expresses the clear intent of the drafters that the liability rules provided by the Convention, where applicable to the carriage, are exclusive of all local laws, rules and regulations that otherwise might be applied. Yet the Court purports to create alongside the undisputable and exclusive cause of action dealt with by the Montreal Convention a separate set of rules regulating the exact same matter. Providing no legal justification for doing so and without any discussion of the implications of the principle of exclusivity, the Court's decision raises serious concerns, with respect to the certainty of the internal EU legal order and with respect to international law and international relations.
The Long Arm of the DOT: The Regulation of Foreign Air Carriers Beyond US Borders
Authors: Silversmith Jol A.
Published: March 2022

The European Union's plan to include foreign air carriers in its Emissions Trading Scheme (ETS) attracted considerable opposition based upon the ground of extraterritoriality, but it certainly was not the first effort to regulate air transportation beyond national borders. Notably, the United States - one of the most vigorous opponents of the application of ETS to its own air carriers - has a long history of imposing extraterritorial requirements on carriers from other nations. Although many of these proposals previously have been analyzed on an ad hoc basis, there has not been a comprehensive overview of them and their implications. This article contends that, post-deregulation, such proposals have become more common, even while the consequences of extraterritorial regulation may not have been fully considered. In recent years, Congress and Department of Transportation (DOT) often have proposed extraterritorial aviation obligations; the Federal Aviation Administration (FAA), by contrast, has been more restrained in its approach, although it also has proposed requirements that would reach beyond US borders. In some cases, statutes and regulations have been limited or withdrawn based on extraterritorial concerns, but in others, they have been adopted despite objections from foreign carriers and governments. As a consequence, the United States is now potentially vulnerable to accusations of inconsistency in its opposition to foreign proposals that would have the effect of regulating US-flag carriers.
The Future of Aviation Safety Regulation: New US-EU Agreement Harmonizes and Consolidates the Transatlantic Regime, but What is the Potential for Genuine Regulatory Reform?
Authors: Jennison Michael
Published: March 2022

The recent US-EU bilateral aviation safety agreement represents a new height in the harmonization of aviation safety regulations. It also advances reciprocal reliance on the two side's safety oversight findings. The agreement may even take those worthy goals as far as they can reasonably go. At the same time, an industry group has identified overlapping and inconsistent regulatory barriers to the cross-border transfer of aircraft costing millions of dollars annually and asked the US, the EU, and the International Civil Aviation Organization (ICAO) for help in reducing unnecessary regulatory barriers. The unfolding implementation of the complex US-EU safety agreement provides an occasion for considering whether true aviation safety reform is possible. As it happens, the FAA is undertaking a sweeping revision of one segment of its airworthiness regulatory code that will strip away the accretion of layered requirements developed over the years and substitute a much leaner, performance-based set of standards. Meaningful regulatory reform is possible, without compromising the gold standard of global safety, but it will require several steps. First, States must continue to work toward continuing compliance with existing global safety standards. Industry can continue to identify regulatory fat that can be eliminated. States can examine their own codes to find regulatory structures ripe for conversion to performance-based rulemaking. Finally, the US-EU partnership can continue to lead the way by moving regulatory reform principles into ICAO's global standard-setting process.
Indias Evolving Policy on International Civil Aviation
Authors: Khee-Jin Tan Alan
Published: March 2022

The Indian government's policy on international civil aviation has undergone significant changes in recent years. Tentative steps have been taken to liberalize market access for foreign carriers from some countries, as well as to relax rules on foreign investment in Indian carriers. However, the underlying conservative tendency to protect struggling local carriers still dictates overall policies. In particular, the government continues to link foreign carriers' capacity entitlements to the local carriers' ability to utilize their own entitlements. Yet, as demonstrated by the Jet Airways-Etihad deal, there could now be a willingness to link capacity entitlements to foreign ownership stakes. While the deal could have been a 'one-off' event, it has tremendous implications for the expansion plans of Indian carriers and airports. This article also assesses how India's continued conservatism in air transport policy affects the liberalization effort in the entire South Asian region.
A Protocol to Amend the Tokyo Convention of 1963: Some Unanswered Questions
Authors: Abeyratne Ruwantissa
Published: March 2022

In June 2013, the ICAO Council decided to hold a Diplomatic Conference whereby ICAO Member States would adopt a Protocol to the Tokyo Convention of 1963.This Conference will be convened from 26 March to 4 April 2014. It will be required to consider draft text prepared by the Legal Committee and approved by the Council over a period of seventeen years. Some of the text is in square brackets, meaning that they will be finally resolved by the Conference. The 38th Session of the ICAO Assembly was shown the draft text of the Protocol in the form of a progress report on legal work relating to unruly passengers, merely for the information of the Assembly. The text of the draft Protocol is riddled with unanswered questions and inconsistencies that need at least to be considered before the text is placed before the Diplomatic Conference.

This article addresses the ambiguities and inadequacies of the text in the hope that, prior to the Conference in March/April 2014, the Council of ICAO, if not the Legal Committee or both, would take another look at the meaning, purpose and nature of the document and its survival as an enduring instrument that would not be open to criticism, and, like many other such treaties, remain unsigned by the majority of the ICAO Member States.
Henri A. Wassenberghs Contribution to the Development of Modern International Air Transport Policy and Law
Authors: Cheng Chia-Jui
Published: March 2022

This contribution stresses Or's contribution to the development of Air and Space Law in Asia in the framework of the International Institute of Air and Space Law of Leiden University which he chaired from 1986-2000. He actively promoted Open Skies and globalization of air transport, while referring to principles of the General Agreement on Trade in Services (GATS). The author also summarizes Or's numerous publications pertaining to air transport law and policy in which analyses the mentioned themes in greater depth.
Case Note: van der Lans v. KLM and Extraordinary Circumstances
Authors: van der Wijngaart Tom
Published: March 2022

In its judgment delivered on 17 September 2015 in van der Lans v. KLM, the Court of Justice of the EU held that the ‘extraordinary circumstances’ defence (which relieves a carrier of its obligation to pay compensation in respect of a cancelled or delayed flight under Regulation (EC) 261/2004 (hereinafter the ‘Regulation’)) does not apply in the case of an unexpected technical problem which is not attributable to poor maintenance and was not discovered during routine maintenance.
EU Competition Law Developments in the Aviation Sector: July to December 2015
Authors: Kinsella Marianna
Published: March 2022

The second half of 2015 continues to highlight the importance of competition law in the aviation sector.

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

The second part of 2015 has seen the European Commission (the ‘Commission’) adopt a new Aviation Strategy for Europe. The package of measures is intended to ensure that the European aviation sector remains competitive and reaps the benefits of a fast-changing and developing global economy.

Other developments include the Commission’s conditional clearance of the Aer Lingus and IAG merger with clearance only being achieved after the parties submitted a substantial remedies package. This clearance decision has actually paved the way for a number of other legal challenges being brought to an end, notably, Ryanair’s long-running legal battles with both the Commission and the UK’s Competition and Markets Authority (the ‘CMA’) as well as Aer Lingus’ challenge to the Commission’s 2012 decision to rank a bid submitted by Virgin Atlantic to acquire slots from IAG, which the latter was required to divest as part of the conditional clearance of its purchase of bmi, above a bid submitted by Aer Lingus.

Another major development is the European Union (‘EU’) General Court’s annulment of a 2010 Commission decision which fined eleven airlines a total of EUR 799 million for their participation in an air-cargo cartel. The Commission’s decision has given rise to a large number of follow-on damages claims in various jurisdictions, and the EU General Court’s annulment will create substantial uncertainty as to the future conduct of such claims.
The Belgian Space Act: An Innovative Legal Safeguard to Boost the Space Industry
Authors: Michielsen Patrick
Published: March 2022

This article looks at Belgium’s space legislation, including its provisions regarding authorization of space activities, and the registration of, and liability for space objects. It analyses Belgium’s specific regulatory choices which have been made by its lawmaker in light of its international public law commitments, and also addresses novel space activities with small satellites and orbital space flights. Belgium advocates that States should adopt a strict, but pragmatic approach to the UN space treaties and their key concepts with a view to covering cross-border space activities e.g., by concluding bi- or multilateral agreements. The article also assesses some benefits and drawbacks for space operators conducting space activities under Belgian authorization. Finally, this article analyses to what extent international organizations with headquarters and/or technical establishments on Belgian territory (such as the European Union) need to abide by Belgium’s space legislation.
Single European Skies: Functional Airspace Blocks  Delays and Responses
Authors: Fox Sarah
Published: March 2022

This article considers the ‘Functional Airspace Blocks’ (FABs) – which are part of the European initiative for a Single European Sky (SES). The primary objective of the transport policy has been to complete the internal market for transport and facilitate the free movement of persons, good and services. Yet the significance of the transport policy to the wider objectives of the EU is often overlooked. Whilst deregulation of the air transport sector in the EU has created the world’s largest and most successful example of regional market integration and liberalization in air transport – the industry remains hampered by disjointed skies, which standard to compromise safety and impact upon economic development. And, whilst the FAB should have been completed – ‘by’ December 2012 – it is still not a reality. The research identifies the aims and advantages of a common European airspace and reviews the delays and consequences of implementation, specifically commenting on the use of the infringement process (or non-use) against Member States regarding the implementation of the FABs.
To What Extent Has the Self-Assessment Principle, Introduced in Regulation 1/2003, Affected, Whether Positively or Negatively, the Undertakings in Air Transport Sector in the European Union?
Authors: Sharma Sidhant
Published: March 2022

This article provides an overview of the self-assessment principle, introduced in European Union Council Regulation 1/2003 and its effects to undertakings in the air transport sector in the European Union. In doing so, this article examines and analyses the old regimes of European Economic Community (EEC) Regulation 17/62 and EEC Regulation 3975/87 and then considers the self-assessment principle and its application to undertakings in air transport sector in detail which includes consideration of other important provisions of Regulation 1/2003 such as those dealing with role of national courts and national competition authorities. Lastly, attention will be given to the consequences that undertakings in air transport sector encounter from the application of the self-assessment principle and whether undertakings can rely on any practice to overcome any negative consequences.
Airline Alliances: Justifying the Bureaus Intervention
Authors: Taborda Ashley
Published: March 2022

In Airline Alliances: Justifying the Bureau’s Intervention, the Canadian Competition Bureau’s 2011 challenge of the proposed joint venture between Air Canada and United Continental Holdings is analysed from a Competition Law perspective, through the lens of the nuanced environment in which airlines operate in Canada. Despite the multitude of arguments supporting the pro-competitive effects of airline alliances, particularly with regards to airlines operating in the United States, Europe and Australia, this paper concludes that airline alliances are not necessarily pro-competitive within the Canadian context. Although airline alliances are theoretically well-aligned with the purposes of the Canadian Competition Act, the markets in which such alliances are permitted to operate must contain mechanisms to constrain the excessive use of market power. With current Canadian policies fostering protectionism, the Competition Bureau is arguably justified in taking a more aggressive approach with regards to airline alliances than its global peers.
New in the Nest: The Danish Space Act
Authors: Hulsroj Peter , Pecujlic Anja Nakarada
Published: March 2022

This article describes the origins, reach and limitations of the recently enactedDanish Space Act. The analysis begins with the boldest feature of the Act, the definition of outer space as the area situated above 100 kilometres from sea surface. The article points out that such a provision may be premature bearing in mind the numerous new debates concerning ‘protospace’. Furthermore, the potential of this delimitation is affected by the attempt to present it as purely for the purpose of the Act and not as an expression of opinio juris. The article proceeds to discuss issues related to liability of non-state actors, ownership and scope ratione personae and related registration concerns, and the severity of possible sanctions. The conclusion of the article, in spite of a few elements of concern, is that the Danish Space Act should be warmly welcomed and can be considered a highly professional product.
Montreal Convention: To Whom Is the Carrier Liable in the Event of Delay?
Authors: van der Wijngaart Tom
Published: March 2022

It is clear from Article 19 of the Montreal Convention 1999 that the ‘carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo’, but it is less clear to whom the carrier is liable – in the case of passenger delay, only to the passenger – or also to other parties who may suffer damage? In a judgment delivered on 17 February 2016, the Court of Justice of the European Union (CJEU) confirmed the latter alternative.

The CJEU held, in response to a request for a preliminary ruling from the Supreme Court of Lithuania, in Case C-429/14 Air Baltic v. Special Investigation Service of the Lithuanian Republic (SIS), that the Montreal Convention was to be interpreted as meaning that a carrier which has concluded a contract of carriage with an employer of persons carried as passengers is liable to that employer for damage occasioned by delay in the carriage by air of those passengers.
Guardians of the Galaxy: How Space Tourism Regulation Will Shape Telehealth
Authors: Orme Kylie Cox
Published: March 2022

Journeying to outer space has long been regarded as one of mankind’s greatest adventures – but not one that everyone could experience for themselves. With new technology though, dreams of space travel are quickly becoming a reality: it is expected that ordinary citizens will be able to explore space by the year 2020. However, space travel causes stress on the body, and allowing lay persons to travel into space exponentially increases their health risks. Therefore, if the space tourism industry plans expand into the open-market, the role of telemedicine and telehealth must evolve in order to keep travellers safe and healthy.

This article uncovers the ways in which the traditional industry of telemedicine is challenged by the privatization and expansion of space tourism. By examining the economic, technological, political, and regulatory ramifications of the rise of space tourism and space exploration at large, the potential advantages and likely pitfalls are exposed. The article proceeds as follows: Section 2 discusses the nexus of telemedicine and space tourism; section 3 discusses the regulation and standardization necessary to make space travel a viable market in the future; and section 4 offers a practical application of the new technology.
Risk Assessment in Insuring Space Endeavours: A Legal Approach
Authors: Malinowska Katarzyna
Published: March 2022

Risk assessment is part of the underwriting process in any type of insurance, but space insurance has peculiarities requiring a specific approach: the technical nature of space risks, the inability to apply the ‘law of large numbers’ and the time between risk assessment and risk attachment. It also requires special expertise from space insurers concerning space technology and the related risks. Insurers have to take an individual approach to projects, and the risk assessment process by the space licensing authorities is of invaluable importance and help for insurance underwriting.

Information on space projects from the space operator is of critical value for the insurance underwriting and the licensing processes. However, the third party liability risk is the main interest for the licensing authorities, while the space insurance market remains about first party insurance. From an insurance law point of view, the transfer of information between insurers and space operators reflects one of the basic insurance principles – ‘utmost good faith’. It seems that this tendency, visible both in civil and common law systems, has led to the standardization of contractual clauses in space insurance contracts, despite insurance coverage being tailored to a project.

This article gives a legal perspective of risk assessment in space insurance, looking at the interaction between space law and insurance law, with interesting results for space insurance contracts and the established principles of insurance in risk assessment.
The Role of the Dispute Settlement Body (DSB) in the World Trade Organization (WTO) in the Aircraft Manufacturing Industry: In the Time of the Bombardier Case
Authors: Zhang Luping
Published: March 2022

This article aims at explaining the role of the Dispute Settlement Body (DSB) in the World Trade Organization (WTO) in the aircraft industry, especially in the recent case brought to the WTO on Bombardier alleged subsidies. The first part of this article will give a brief overview of the WTO and General Agreement on Trade in Services (GATS) system and the Bombardier case. This case is currently before the WTO, and a panel has been established recently. The second part of this article will analyse from a theoretical level how the DSB in the WTO is related to resolving aircraft disputes. There are eleven cases brought to the WTO forum out of general WTO agreements relating to aircraft. The third part will review cases under the tags of aircraft and commercial aircraft that have been brought to the WTO in history. The fourth part will dissect the Bombardier case from both substantive and procedural levels. The conclusion will discuss whether a more significant role of WTO can be expected in the aviation industry in the future.
European Air Traffic Management from a New Perspective: Competition Concerns in the Single European Sky
Authors: Arnold Iván
Published: March 2022

This article attempts to assess the Single European Sky (SES) from a competition policy and competition law perspective. While air traffic management (ATM) has been viewed as a traditional and firm example of the exercise of public powers, as a result of technological developments, sectoral EU legislation and the relevant activities of the European Commission, this assessment may no longer be valid and certainly needs to be reconsidered. The European ATM scene is in dynamic change, inspired by EU policies and driven by legislative acts. While a recent report of the European Court of Auditors highlights several problematic aspects of the SES, new European and global markets of ATM services emerge, traditional state functions are earmarked for privatization, powerful industrial partnerships try to shape future markets, public functions are subjected to industry governance and the whole sector is increasingly at risk of technological disruption by tech firms such as Google and Facebook, interested in developing automatized solutions for the separation of drones and possibly traditional ATM. At least some of these new developments may be relevant from the competition perspective. It will be argued that competition policy and competition law are not only relevant to the ATM sector, but they need to be considered when making political and business decisions and adopting new legislation. Focussing on the most relevant sectoral developments, including provisions of the reinvented SES 2 sectoral legislative proposal of the European Commission, the article will argue that overlooking competition policy and competition law in the digital SES may lead to anti-competitive consequences in the reorganized ATM sector.
Intermodal Air-Rail Agreements: Legal Aspects and Considerations
Authors: Trimarchi Andrea
Published: March 2022

Intermodal air-rail forms of cooperation have proliferated over the last decades as a response to the need for more efficient and strategic alliance in the transportation industry. Airlines and rail operators have indeed concluded formal agreements allowing them to synchronize services and offer an ever more seamless travel experience. While such agreements certainly generate significant benefits for both consumers and carriers, integration between airlines and rail operators may also raise serious concerns as to the applicable legal framework. In light of this, the present article will emphasize on the main legal implications of air-rail agreements. The analysis will consider three areas of interest, namely, competition law, liability and passenger protection. Whereas in terms of competition law, the same legal categories applicable to airline code-shares and alliances may be easily and conceptually borrowed, peculiar and interesting legal issues seem to arise out of the comparison of different international and European legal regimes with respect to liability and passenger protection.
The International Blockchain Registry of Mobile Assets
Authors: Dylus Erich P.
Published: March 2022

Moving the International Registry of Mobile Assets onto a blockchain registry system that digitally ‘tokenizes’ each registered asset would provide a more efficient and secure mechanism of authentication, mitigate existing potential liability in registry maintenance for the Registrar, and effectively eliminate many current risks of syntax errors and noncontiguous asset histories. This may be accomplished in accordance with the current legal framework, without complicating the user interface on the front end, and allows for potential future inclusion of the asset tokens into smart contracts.
Key Legal Issues in ICAO: A Commentary and Review
Authors: Abeyratne Ruwantissa
Published: March 2022

The Agenda of items in the Work Programme of the Legal Committee of ICAO for its thirtyseventh session comprised: Study of legal issues relating to remotely piloted aircraft; Consideration of guidance on conflicts of interest; Acts or offences of concern to the international aviation community and not covered by existing air law instruments; Consideration, with regard to CNS/ATM systems including global navigation satellite systems (GNSS), and the regional multinational organisms, of the establishment of a legal framework; Determination of the status of an aircraft – civil/State; Promotion of the ratification of international air law instruments; Safety aspects of economic liberalization and Article 83 bis; and Implementation of Article 21 of the Chicago Convention. These items reflect issues that have been discussed by the Legal Committee for some time and are repetitive and tired. Worthy as they are of continuing discussion, focus on them has seemingly precluded both the Secretariat and the Council of ICAO from looking at current and future legal challenges that the evolving aviation industry presents.

 

Some of these challenges come from the megatrend of information technology which has artificial intelligence and internet technology as sub-sets that would affect many emergent applications which the aviation industry would be compelled to use. This article contains a commentary on the issues discussed at the Legal Committee as well as a review of issues that have a profound legal effect on current and future trends in aviation which the ICAO Assembly should hear about.
Recent Developments in the Republic of Koreas Space Policy: An Overview of Space Activities and National Laws
Authors: Ahn Youngshin
Published: March 2022

Like other leading space-faring countries, the Republic of Korea (hereinafter referred to as ‘Korea’) has initiated its space programmes mainly via government-led research and development. Although Korea started its space development programme much later than other space-faring countries, it seems to have made remarkable progress in a relatively short period of time, including the development of satellites using indigenous space technologies, the Korea Space Launch Vehicles (KSLV-I, II) and the Korean space centre (Naro Space Centre). With regard to the national space legislation, the Korean space Acts seem to implement most of the elements recommended by the UN General Assembly. However, for a better development of space law and policy in Korea, it would be desirable if the following suggestions were taken into consideration: firstly, the scope of space activities that require a licence needs to be expanded; secondly, Special Drawing Rights (SDRs) should be used instead of Korean won; thirdly, the Korea Aerospace Research Institute (KARI) needs to have the status of a national space agency; and finally, the Korean government needs to invest more in space projects and actively foster the careers of future space professionals.
Satellite Imagery, Very High-Resolution and Processing-Intensive Image Analysis: Potential Risks Under the GDPR
Authors: Rapp Lucien , Santos Cristiana
Published: March 2022

Brendan  main trends are currently developing in the satellite imagery industry: the increasing availability of very high spatial and temporal resolution satellite imagery, and the outsourcing of processing-intensive image analysis. Alongside the foreseeable improvements of facial recognition technology and other image recognition software, such synergies carry the potential for identification of individuals, and thus for privacy, data protection and ethical risks. The intent of this article is to discuss the possibility of identification of individuals through high resolution images under the broad definition provided by the general data protection regulation, and to explain the risks therein. We further suggest risk-mitigation approaches for incoming space data policies.
Fair Competition in International Air Transport
Authors: Gergely Máté
Published: March 2022

This article explains the importance of fair competition in international air transport; presents recent debates and concerns; approaches at International Civil Aviation Organization (ICAO), regional, bilateral and national levels as well as academic research; and proposes a way forward with a view to achieving a global understanding of the concept and underscore the need for the development of ‘core principles on fair competition’. The core principles, if developed, would facilitate the further liberalization of air transport and maximize the benefits it brings to economic and social development.

air transport, economic regulation, fair competition, fair and equal opportunity, state subsidy, level playing field, flag of convenience, discrimination, core principles, ICAO
Against the Nuclear Option: Planetary Defence Under International Space Law
Authors: Poole Bryce G.
Published: March 2022

States have grown increasingly concerned with the risk of a meteor or comet impact. Some States and international law scholars advocate using a nuclear weapon to destroy or deflect an incoming space object. This article argues that the use of nuclear weapons for planetary defence purposes is legally dubious.

Planetary defence, nuclear weapons, international treaties, customary international law, non-proliferation
The Outcome of the 40th ICAO Assembly: A New Look at ICAO?
Authors: Abeyratne Ruwantissa
Published: March 2022

The 40th Session of the triennial Assembly of the International Civil Aviation Organization (ICAO) took place in Montreal from 24 September to 4 October 2019. Notably, 2019 marked some important milestones in aviation: the 100th anniversary of the Paris Convention relating to the regulation of aerial navigation, signed on 13 October 1919; the 90th anniversary of the Warsaw Convention for the unification of certain rules relating to international carriage by air, signed at on 12 October 1929; and the 75th anniversary of the Convention on International Civil Aviation (Chicago Convention), signed on 7 December 1944. In the aviation context, 2019 was truly a year which called for reflection by the Assembly. The Assembly was also significant in its general theme of implementing the mantra of ICAO: ‘no country left behind’, through both a prospective and retrospective look at the performance of the Organization, as epitomised by a compelling working paper submitted by the United States at the Assembly. The article noted that ICAO’s traditional business practices may not keep up with the rapid pace in which the aviation industry is developing. It therefore exhorted ICAO to deliver through transparency for inclusiveness and better decision making; a positive work environment for high performance; leveraging partnerships for a better future; demonstration that it delivers what Member States need on a timely basis and uses all available resources for the greatest benefit to Member States and the aviation sector in a cost-effective manner; and the expansion of resources for delivery. This article examines this theme through the prism of some Resolutions adopted by the Assembly and inquires into what ICAO should do.

ICAO, organizational efficiency; aviation; air transport; business planning
The Portuguese Space Act: An Innovative Framework for Space Activities
Authors: Cocco Magda , Mendonça Helena Correia
Published: March 2022

This article examines Portugal’s legal and regulatory framework for space activities, including on authorization, pre-qualification, registration, liability and insurance. It analyses the choices made at both the national and regional levels, including in light of the country’s international obligations under the UN Space Treaties and the evolution of the space sector in matters such as small satellites, constellations of satellites, suborbital flights and space mining. It notes that the legal framework is business-friendly but that there are issues that require further clarification, a goal that will no doubt be achieved once launches from the future Azores spaceport begin.

National Space Act, Regional Space Act, small satellites, constellation of satellites, Azores spaceport
Slots: Use It or Lose It
Authors: Haanappel Peter P.C.
Published: March 2022

With the advent of the Corona virus/COVID-19, airline traffic has dropped off so much because of lack of passenger/shipper demand, and/or governmental sanitation rules, that airlines may wish to use less than 80% of their allocated slots, but then risk a loss of slots. It is a catch 22 situation: either you fly a (near) empty aircraft and keep your slot for better, post COVID times (so-called ghost flights), or you go under 80% and you lose your grandfathered slot right. Governments, other authorities and not in the least the EU, have stepped in to relax the 80/20 rule, at least temporarily. The article is divided into four parts: introduction; air transport under the Corona virus; slot allocation under Corona; slot allocation post Corona.

Corona, EU, IATA, Slots, 80/20 rule
COVID-19 Pandemic and the Measures Taken by the European Union Aviation Safety Agency
Authors: Uva Rita Sousa , Ratajczyk Mikolaj
Published: March 2022

As the European Union (EU) regulator for aviation safety with competences of certification, oversight and support to Member States, the European Union Aviation safety Agency (EASA) took from the very beginning of the crisis a proactive stance to help mitigating, as much as possible, the devastating impact of the Coronavirus Disease 2019 (COVID-19) on the aviation sector.

This article provides an overview of the measures taken by EASA within its mandate, in light of the general EU framework applicable to air transport, in view of the COVID-19 pandemic.

Regulation (EU) 2018/1139, EASA, Covid 19, safety, air travel.
National Aviation Law Responses to COVID-19
Authors: Scott (ed.) Benjamyn I.
Published: March 2022

National laws play an important role in the governance of the aviation activities. This is no less the case during the Coronavirus Disease-2019 (COVID-19) pandemic, where national law has been a vital tool in combating the spread of the virus and offering support to the aviation sector. This report examines different jurisdictions, which have been written by experts in the field of aviation law, where they have addressed the pre-existing national rules in place prior to the pandemic, the measures taken to combat the spread of the virus, the actions taken to help the aviation industry survive, and any reflections on the future post-COVID-19 world.

Airlines, Airports, Passengers, Financial Support, Cargo
‘Tomorrow Is Today’ for the Indian Space Saga: Delineating the Legal Framework for Space Activities in India
Authors: Mund Pallavi
Published: March 2022

This article aims to study India’s robust space programme, against the backdrop of the current legal regime under which it operates. It further delves into the need for national space legislation vis-à-vis the recent burgeoning trend of privatization. To this end, this article analyses the draft 2017 Space Activities Bill introduced for consultation by the Government of India, and concludes with the recommendation that India adopt an all-encompassing national space legislation.

outer space, ISRO, Indian Space Research Organisation, space activities, Indian space programme, privatization, IN-SPACe, Space Activities Bill 2017
The Middle East Air Blockade: Revisiting the Jurisdictional Inquiry of the ICAO Council
Authors: Zhang Luping
Published: March 2022

The present article analyses the most recent appeal relating to international civil aviation in the case of Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar before the International Court of Justice (ICJ). This case is the second appeal case of an International Civil Aviation Organization (ICAO) Council decision since India v. Pakistan made in 1972. The dispute targets the jurisdictional controversy of the ICAO Council under the Chicago Convention (1944). In its decision of 14 July 2020, the ICJ has redefined the jurisdictional powers of the ICAO Council with respect to dispute settlement governed by the Chicago Convention (1944). However, the question of ‘due process’ governing the dispute settlement regime has yet to be settled.

Dispute Resolution, ICAO Council, Chicago Convention, International Court of Justice, Middle East
European Union Competition Law Developments in the Aviation Sector: July to December 2020
Authors: Strom Martin
Published: March 2022

The second half of 2020 has seen the aviation industry, and the world in general, continue to grapple with the seismic impact of the ongoing COVID-19 pandemic. 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 Commission (the ‘Commission’) has adopted a new Temporary Framework to enable Member States to grant further support and aid measures in response to the COVID-19 outbreak. Under the Temporary Framework, and subject to adherence to the criteria set out therein, Member States are able to take measures which are necessary, appropriate and proportionate to remedy a serious disturbance in the economy of a Member State.

Given the on-going pandemic, and the resultant travel restrictions to control the spread of the virus, it is not surprising that a very significant number of State Aid measures have been enacted by Member States to support entities active in the aviation sector. While the majority of these measures have been directed towards aiding airlines, which have been hit particularly hard by the general fall in demand for air-passenger services and the travel restrictions, measures have also targeted for example ground handlers, airport operators and manufacturers of aviation parts. Similarly, the form of support offered has varied and included, for example, direct grants, loan guarantees, subsidized loans, tax and/or charges deferral schemes and wage subsidy schemes.

The increased number of State Aid notifications to beneficiaries in the aviation sector has led to a similar increase in the number of legal challenges lodged at the EU Courts. Ryanair has been particularly active in challenging State Aid measures which it argues are illegal, and has signalled an intention to lodge further challenges still. Ryanair has taken particular umbrage with what it perceives as attempts by Member States to prop up their own national champions (e.g., operating the aid scheme by reference to the country in which the beneficiary holds an operating licence) at the expense of other competitors active in the Member State who have equally suffered as a result of the pandemic.

aviation, airline, regulation, competition and anti-trust
State Aid to Airports in the Era of COVID-19
Authors: Varsamos Stamatis
Published: March 2022

The purpose of this article is to illustrate and analyse the decisional practice of the European Commission in assessing during the pandemic outbreak airport State aid schemes, based on Article 107(3)(b) of the Treaty Functioning of the European Union (TFEU) and on Article 107(2)(b) TFEU on compensation for damage due to natural disasters and extraordinary events. In this context, it is argued for the necessity of adoption of broader considerations by the European Commission (hereinafter the Commission) in determining the causality between the damage and the pandemic as well as for defining the relevant compensation period.

State aid, airports, COVID-19, compensation
Entered into Force: The 2020 Space Law of Luxembourg
Authors: Hofmann Mahulena
Published: March 2022

In 2020, a general Law on Space Activities was adopted by Luxembourg, following the 2017 Law on Space Resources. Both texts serve as a legal basis for authorizing and supervising space activities of Luxembourg, replacing the system of concessions based on the 1991 Law on Electronic Media. Moreover, the 2020 Law created conditions for the ratification of the 1975 UN Registration Convention by Luxembourg.

Space activities, Luxembourg, national legislation, authorization