bluuebunny/crossref_metadata_2025 huggingface dataset:
EU Air Passenger Rights: Assessment of the Proposal of the European Commission for the Amendment of Regulation (EC) 261/2004 and of Regulation (EC) 2027/97
Authors: Arnold Kinga
Published: March 2022

Eight years after the entry into force of Regulation 261/2004, and following the struggles of the industry, national enforcement bodies and courts with the interpretation and application of the Regulation, as also evidenced by several referrals to the Court of Justice of the European Union and by discussions between the Commission and national enforcement bodies and stakeholders, the Commission has finally proposed the long-awaited amendment of the Regulation.

This article will examine the Commission's proposal in detail and, while acknowledging improvement in certain aspects, it will point out possible complications in the application of some of its provisions, with a view to drawing the attention of the lawmakers to possible implications if these clauses are not amended or abandoned during the legislative process. The author urges the European legislator to avoid overregulation and to allow air carriers to compete in the field of passenger services, including assistance and compensation in case of flight irregularities. The author also suggests that the legislator should pay careful attention to the legal obligations of the Member States to each other and to the non-EU Member State Parties to the Montreal Convention 1999 as set forth in the Convention. Otherwise the proposed Regulation will, in the many instances covered, place the air carriers in conflict with these obligations.

The primary focus of the Article is the amendment of Regulation 261/2004,but some of the proposals for the amendment of Regulation 2027/97 will also be assessed. Reference will be made to previous CJEU judgments, but the analysis of such rulings falls outside the scope of this study.
Flying into the Future with UAVs: The Jetstream 31 Flight
Authors: Erotokritou Chrystel , Michaelides-Mateou Sofia
Published: March 2022

In April 2013, the first Remotely Piloted Aircraft System (RPAS) with two persons on board flew 500 miles in the non-segregated United Kingdom airspace at the same time as other commercial flights were being operated. On that day a new chapter in aviation history was written. This revolutionary flight reflects the rapidly expanding use of RPAS for civilian use and simultaneously raises several complex legal issues. The safe and legal operation of an aircraft is a complex task and even more so in cutting edge technological developments which thrust aviation into a new era.

Proposed legislative enactments in Europe and in the United States are paving the way for the imminent integration of RPASs into non-segregated airspace by 2015 and 2016 respectively. The aim of this paper is to outline some of the complexities inherent in the operation of this pioneering flight related to, inter alia, safety, security, liability and insurance, privacy and protection of third parties. Furthermore, the paper highlights lacunae in the current legal framework and lastly, suggests possible ways to address these issues at the international, European and national level.
The Aviation System Block Upgrades: Legal and Regulatory Issues
Authors: Abeyratne Ruwantissa
Published: March 2022

At its twelfth Air Navigation Conference (AN-Conf/12) held in Montréal, from 19 to 30 November 2012, the International Civil Aviation Organization (ICAO) introduced its Global Air Navigation Capacity and Efficiency Plan (GANP) for the period 2013 to 2028.The Plan is meant to be approved by the ICAO Assembly at its sessions every three years. This is the fourth such Plan adopted by ICAO over the years and is based on operational objectives agreed upon by States and the aviation industry. It provides for a rolling fifteen year strategic methodology and introduces Aviation System Block Upgrades (ASBUs), each of which has a five year time scale. The ASBUs are not overarching, nor are they an umbrella system but remain flexible modules that can be used by States in accordance with their individual operational needs. One of the salient characteristics of ASBUs is that they define technologies and procedures that are calculated to improve operational performance, particularly when the need arises for an operational problem to be solved. The ultimate aim is to achieve global harmonization and interoperability of air navigation.

ASBUs are based on flexibility and collaboration and as such are not mandatory requirements imposed on States. However, their importance and potential contribution to aviation safety were highlighted at the 38th Session of the ICAO Assembly held in the last quarter of 2013. In this context, this article discusses GANP and ASBUs and inquires into the legal regime applicable to the ASBUs and States' obligations pertaining thereto.
Flight MH 17: The Legal and Regulatory Fallout
Authors: Abeyratne Ruwantissa
Published: March 2022

On Tuesday 29 July 2014, the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA), Airports Council International (ACI) and the Civil Air Navigation Services Organization (CANSO) met at ICAO's headquarters to address risks to civil aviation arising from conflict zones. The meeting was a direct response to the shooting down of a Malaysian Airlines Boeing 777 aircraft operating flight MH 17 from Amsterdam to Kuala Lumpur on 17 July 2014, and carrying 283 passengers and 15 crew. All on board perished. The four Organizations in a joint statement issued at the end of the meeting said: 'we have met at ICAO today with collective resolve to urgently review the issues and potential responses to be pursued'. The statement recognized that in the aftermath of the MH 17 disaster and as a response, ICAO had reminded its Member States of their responsibilities to address any potential risks to civil aviation in their airspace.

The four parties to the meeting agreed upon the importance of ICAO's work, in the context of the subject, in urgently working with its Member States, in coordination with the aviation industry and other bodies within the United Nations, to ensure 'the right information reaches the right people at the right time'. This article examines the legal principles applicable to the shooting down of the aircraft and the regulatory background relating to the possibilities of the objective of ensuring the timely dissemination of threat information.
Liberalization or Bust: A Double Step Approach to Relaxing the Foreign Ownership and Control Restrictions in the Brazilian Aviation Industry
Authors: Braun Lucas
Published: March 2022

One of the world's largest economies. The 'B' in the BRICS power anagram. Host of the 2014 World Cup and the 2016 Summer Olympic Games. Showcasing a sustainable economic growth and a burgeoning middle class, Brazil hopes to occupy the centre of the next economic frontier. Consistent with this narrative, civil aviation enjoyed a meaningful growth in the last decade's infrastructure boom. Brazilian airlines, however, remain awfully inefficient and lag behind their competitors in the international market. This article submits that the liberalization of the foreign ownership and control restrictions would operate to the benefit of the air transport industry in Brazil. It suggests a double step approach to achieve liberalization: (i) an amendment to the Brazilian Aeronautic Code for domestic law purposes and (ii) the renegotiation of the existing Air Services Agreements in order to change the designation clauses in certain agreements. To support its contentions, this article offers a review of the relevant literature applied to Brazil and analysis of empirical evidence, including the review of the designation language contained in eighty-eight Air Services Agreements entered into by Brazil and in force as of November 2013, and the corporate structure adopted by the 2010 LATAM merger.
EU Aviation Law before the English Courts: Dawson, Huzar, and Regulation 261/2004
Authors: Prassl Jeremias
Published: March 2022

The early summer of 2014 has seen a series of high-profile judicial decisions by senior United Kingdom courts in the field of EU aviation law. The present article explores two decisions on the interpretation and application of the Air Passenger Rights Regulation 261/2004, analysing them with particular emphasis on their relationship with existing CJEU precedent and their economic and operational impacts on carriers. In Huzar v. Jet2.com, the Court of Appeal ruled that the extraordinary circumstances defence in Article 5(3) of the Regulation had to be interpreted narrowly, and did not extend to technical defects arising in the ordinary operation of a carrier's activity. Dawson v. Thomson Airways, handed down in the subsequent week, rejected the airline's contention that claims under the EU Regulation should be limited to two years, in accordance with the relevant provisions of the Montreal Convention. A third section turns to the shifting enforcement landscape, highlighting in particular the curious role of the NEBs' Draft List of Extraordinary Circumstances, and the role of the Civil Aviation Authority in enforcing air passengers' rights.
On Commercial Mining of Minerals In Outer Space: A Rejoinder To Dr Ricky J. Lee
Authors: Kellman Barry
Published: March 2022

This essay began as a review of Dr Ricky J. Lee's On The Law and Regulation of Commercial Mining of Minerals in Outer Space1 but has evolved into a commentary about whether commercial mining of minerals in outer space is an appropriate focus for law and regulation. As humanity must, sooner or later, confront the legal challenges posed by space mining and other activities, it is important to discuss whether evolving law is best designed to meet those challenges.
The Long and Winding Road: Air Traffic Management Reform in Europe
Authors: van Dam Roderick
Published: March 2022

Air Traffic Management represents an irreplaceable condition for commercial air transport worldwide. As it provides an essential infrastructure it remains closely associated with the sovereign responsibility of the State involved. That public function and its consequences are increasingly subject of discussions in Europe. The European Union (EU), States and Corporate stakeholders are addressing the need for efficient and safe airspace management in Europe in the context of the perceived financial and operation advantages of the privatization of public functions and the acquired competencies of the EU.
A Tribute to the Legacy of Or Wassenbergh The Flight of the 1999 Montreal ConventionOn Course?Stalled?Encountering Turbulence?The Course Ahead
Authors: Tompkins Jr George N.
Published: March 2022

The 1999 Montreal Convention entered into force on November 4, 2003.To date there have been only 107 ratifications out of a total of 191 ICAO Member States. Several key aviation States are absentees. Court decisions in some States Party are not consistent with the desire of the States Party for exclusivity and pre-emption of the liability rules and for uniformity of interpretation as intended. This article examines the State of the Convention 11 years after coming into force and renders suggestions for getting the flight of the Convention back on course.
The Militarization of Outer Space and the Liability Convention
Authors: Kilibarda Pavle
Published: March 2022

In spite of the fact that international law has proclaimed that outer space is to be used for peaceful purposes, States continue to expand their military capacity beyond the bounds of the Earth's atmosphere. Recent testing of anti-satellite weaponry is a cause for concern that the term 'peaceful uses' is losing its meaning in an increasingly militarized outer space environment. The problem certainly stems from the fact that space law does not explicitly define said uses, thereby allowing States to provide a legal justification for their actions. This article will examine existing space law, as well as general international law, in an attempt to flesh out a more substantial meaning for the most oft-abused provisions of the relevant treaties in three distinct sections: first, we shall explore the notion of 'peaceful uses' as a general term; we shall proceed with an analysis of the prohibition of stationing weapons of mass destruction (WMDs) in outer space; finally, we shall see how the Liability Convention may be read as limiting States' potential advantages from militarizing space.
The Danish Aircraft Engine Dispute: The Sequel
Authors: Jakobsen Morten L. , Pedersen Morten Midtgaard
Published: March 2022

On 19 June 2015 the Danish High Court rendered its decision in an aircraft engine dispute arising out of the bankruptcy of the Danish airline Cimber Sterling. The main issue of the dispute was whether the bankruptcy estate had gained title to nine aircraft engines leased to the airline and placed on the airline’s aircraft. The resolution of the issue was contingent on a construction of Article XVI of the Geneva Convention on the international recognition of rights in aircraft. In a characteristically short deliberation, the High Court found that the said Article XVI provides a modified principle of accession to the effect that the bankruptcy estate gained title to such engines that were not merely temporarily installed on the bankrupt airline’s aircraft. Nothing surprising in that respect. What is quite remarkable is how the High Court determines when an engine is not merely temporarily installed and in so determining, fully disregards the engine lessor’s and the airline’s intentions and legal relationship. The result; the engine lessors lost title to seven out of nine aircraft engines. This article provides a brief overview of the case and a critical analysis of the High Court’s judgment with an emphasis on its potential effect on Danish aviation and the construction of Article XVI of the Geneva Convention going forward.
Air Passengers Rights in the EU: International Uniformity versus Regional Harmonization
Authors: Bokareva Olena
Published: March 2022

The article discusses a legal regime of air passengers’ rights in the European Union in light of exclusivity of the Montreal Convention of 1999. In particular, an analysis of Regulation No 216/2004 and associated case law of the Court of Justice of the European Union (CJEU) is discussed since it provides the only real illustration so far of how an international transport convention is applied and interpreted in the EU legal framework. The analysis of CJEU case law will be complemented by cases decided by the courts in common law jurisdictions, in particular, judgments emanating from the highest courts in the UK, US and Canada. The interplay between the international and EU legal orders has been a subject of rigorous academic debate since the early days of the European Communities and is of increasing relevance at present. In the context of this article, such interaction is critically examined from the standpoint that both regimes should co-exist in harmony and complement each other, and that the EU should contribute to international unification, rather than prevent Member States from effectively participating in the development of international conventions.
Aviation Cyber Security: A Constructive Look at the Work of ICAO
Authors: Abeyratne Ruwantissa
Published: March 2022

The Economist of 4 November 2014 speaks of ‘cyberjacking’ – a phenomenon that refers to the equivalent of hijacking an aircraft with the use of cyber technology. This could happen from outside the aircraft or from the inside. The catalyst in this instance is the increasing popularity with passengers of internet connectivity on board for work, games, movies et al. The article also mentions that internet signals are routed through existing communications architecture, such as the Aircraft Communications Addressing and Reporting System (ACARS), or the Automatic Dependent Surveillance-Broadcast (ADS-B), which is an anti-collision system, which, both being information communications systems can, in theory be targets of cyber-attacks. In its later edition of 21 May 2015 the same journal highlighted that a hacker had identified a weakness with the in-flight entertainment (IFE) systems on Boeing 737-800, 737-900, 757-200 and Airbus A320 aircraft. He had demonstrated this fact by accessing the systems by plugging a laptop into one of the electronic boxes usually found under the seats either side of the aisle. Once connected, the hacker claims to have accessed other systems on the aircraft.

None of these claims have been validated by the scientific community nor have they been put into practice by terrorists or criminals against civil air transport. Nonetheless, this may be a sign of things to come, particularly when one considers that the National Aeronautics and Space Administration’s computers have been hacked in the past and that all computer systems of SONY were hacked in the recent past, allegedly by a foreign State sponsored hacking exercise. As this article discusses, there has been at least one confirmed cyber-attack on a computer system of a commercial airline. The International Civil Aviation Organization(ICAO) has been active in the field of prevention of cyber terrorism, which this article will elaborate on, with some constructive suggestions.
2015 Summary of MC99 Court Decisions
Authors: Tompkins Jr George N.
Published: March 2022

This is the eighth in a series of articles summarizing significant judicial decisions interpreting and applying the liability rules of the 1999 Montreal Convention [MC99]. This summary includes court decisions from France, Israel and the United States, as well as a report on the status of ratifications of MC99 and the results of the second five (5) year review by ICAO of the liability limits set forth in MC99.
European Union Competition Law Developments in the Aviation Sector: January to June 2016
Authors: Deasy Geoffrey
Published: March 2022

The first half of 2016 continues to highlight the significant impact of competition law in the aviation sector.

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

The European Commission (hereinafter ‘Commission’) has cleared a number of mergers, and taken several State aid decisions. It has also not appealed the Court of Justice’s decision annulling its air cargo decisions, which potentially paves the way for it to take a new decision addressing the deficiencies (after having provided the relevant parties the opportunity to respond to the Commission’s concerns).

In addition, the National Competition Authorities in Greece, Hungary, Sweden and the UK have all been involved in mergers and/or behavioural cases in the aviation sector. The UK’s Civil Aviation Authority (which has concurrent competition powers with the UK’s competition authority) has also published a working paper on significant UK and European Union cases having an impact on airport operation services, including in relation to access to facilities and charging for services.
Regulating Non-Traditional Space Activities in the United States in the Wake of the Commercial Space Launch Competitiveness Act
Authors: Sundahl Mark J.
Published: March 2022

With the rapid growth of space technology and the development of new ‘non-traditional’ space ventures there is concern that the United States will suffer from a ‘regulatory gap’ when these new space activities outstrip the existing regulatory framework. Such a gap might support a finding that the United States is not in compliance with Article VI of the Outer Space Treaty which requires a state to ‘authorize and continually supervise’ the space activity of its nationals. Congress responded to this concern by enacting the Commercial Space Launch Competitiveness Act in 2015 (CSLCA) which took the first steps to fill the ‘gap’. New bills are now under consideration which will take the next step in this legislative process to fill the ‘gap’ by giving the Federal Aviation Administration (FAA) authority to license non-traditional space missions. In the so-called section 108 Report, the White House recommended an approach based on the FAA’s existing process of payload review. Sen. Jim Bridenstine proposed a similar approach in his American Space Renaissance Act (ASRA). Until the legislative process is complete, however, the FAA is leveraging its existing authority in order to regulate non-traditional activity, as has been seen in the agency’s actions involving Bigelow Aerospace and, more recently, Moon Express.
Lightning Doesnt Strike Twice: The Tragedy and Challenges of the MH370 and MH17 Losses
Authors: Chong Lau Chee , Freeman Paul , Tang Melissa
Published: March 2022

The disappearance of Malaysia Airlines flight MH370 and the downing of flight MH17 presented unique challenges for all involved, including the various agencies involved in the investigations, lawyers, family members and relevant Governments. This article provides an overview of the tragedies of MH370 and MH17 and aims to provide a flavour of the more significant practical and legal challenges involved in assisting the airline in dealing with both losses.
What Is an Appropriate Interaction Between International Law and Domestic Legal Systems to Promote Space Resources Development?
Authors: Ishido Shimpei , Mizushima Atsushi , Fujii Kojiro
Published: March 2022

Currently, it is becoming increasingly likely that space resource development will become an actual industry. In order to encourage private business operators to engage in space resource development, it is essential that private business operators be permitted to have ownership of the space resources they mine and obtain. Further, it is important for states to establish a framework for authorization and continuing supervision of space resource development to assure that such activities are carried out in compliance with their obligations under the Outer Space Treaty as well as to provide a clear and predictable regulatory environment. At the outset, this article demonstrates that the ownership of space resources is permitted under public international law, and it recommends the establishment of a mutual recognition framework regarding conditions for the acquisition of rights in space resources to ensure the legal stability of international transactions of space resources. Second, this article identifies and examines the elements to be provided in domestic frameworks for authorization and supervision and the issues that require international coordination. Finally, given that organizing an international institution to authorize and supervise space resource development is currently not practical, this article recommends states to focus on establishing and developing their domestic frameworks for authorization and supervision, then resolve the issues that require international coordination.
Arbitration Clauses in Aviation Insurance Contracts: Are They Fit for Purpose?
Authors: Ricketts Robert
Published: March 2022

This article investigates whether the use of arbitration is a sufficiently appropriate forum to adjudicate disputes arising out of a number of important and unresolved issues that have arisen in the field of aviation insurance, particularly from the perspective of an aircraft financier.
Punctuality or a Safe Flight: Which Should Have Priority?
Authors: Croon Jochem , Callaghan Jim
Published: March 2022

On the 4 May 2017, the European Court of Justice (EUCJ) delivered its judgment in the Pešková v. Travel Service case. The authors see a very thin ray of hope for the aviation industry in this judgment. It could be viewed as a break in a dangerous trend by the EUCJ of prioritizing punctuality over safety. In Pešková, the Court has for the first time recognized safety as being part of a ‘high level of protection for air passengers’, as referred to in the EU ‘passenger rights’ Regulation 261/2004. This article looks at both objectives, which are paramount for the industry. The authors take an ‘inside out’ view of the aviation industry through an overview of the reasoning of the Court regarding technical problems, on the one hand and, on the other hand, the entitlement of passengers to very high financial compensation from airlines pursuant to EU Regulation 261/2004 and subsequent EUCJ case law.
Gauging the Effectiveness of Soft Law in Theory and Practice: A Case Study of the International Charter on Space and Major Disasters
Authors: Clark Nathan E.
Published: March 2022

The International Charter on Space and Major Disasters is a voluntary partnership among national space agencies that provide free satellite earth observation data and information to disaster-affected States. As a nonbinding, multilateral instrument, the Charter has grown in its members, reach and application over its seventeen-year lifespan. To date, the Charter has been activated over 550 times and has provided data to 119 countries. This article provides a discussion on the current legal status of the Charter and the effectiveness of the Charter as a global governance mechanism in light of its mandate and ongoing operations. The article draws from previous reports and scholarship on the Charter, data collected through semi-structured interviews with Charter members and users, and the results from a survey distributed to Charter end users which aimed to gather information relating to the users’ experience accessing and using Charter products, as well as information relating to the extent to which the Charter contributions improved the end users’ existing disaster management capabilities. Overall the article finds that as a soft law instrument and governance tool, the Charter has been highly effective in both a legal and operational context and may provide a useful example for international cooperation in other global policy areas.
Big Airlines with Big Data: The European Competition Law Issues Associated with Price-Setting in the Airline Industry Using Big Data Analytics and Machine-Learning and the Case for Competition-b
Authors: Millwood Scott
Published: March 2022

Every sector of the digital economy is being revolutionized by the capacity of computer systems to ‘learn’ and make ‘decisions’. What does this mean for competition law? This article examines this question in the context of the airline industry, a pioneer of technological applications and prolific user of Big Data. It examines whether price-setting using Big Data and machine-learning may lead to parallel-pricing and tacit collusion between airlines. And if so whether the decisions of algorithms may amount to anticompetitive conduct within the scope of Articles 101 and 102 TFEU. Identifying challenges in applying current competition law to tacit collusion using Big Data, the author proposes the airline industry proactively adopt ‘Competition-by-Design’ in order to demonstrate that it has not abdicated its responsibility for compliance with competition law.
The Finnish Space Act: En Route to Promoting Sustainable Private Activities in Outer Space
Authors: Tapio Jenni
Published: March 2022

Prompted by the new space activities, the Government of Finland has promulgated its first national space law setting conditions for operators concerning inter alia licensing, registration and liability for their space activities. This article looks at the legislative process leading to the Space Act and provides an overview of the Finnish Space Act in the light of the international obligations of a State. Moreover, issues concerning sustainable uses of outer space and international soft law instruments in the context of national licensing will be discussed.
CJEU Extraterritorial Airways: A Critical Analysis of the Judgment of the Court of Justice of the European Union in the Wegener Case
Authors: Deschuttere Dries , Thijssen Charlotte
Published: March 2022

In May 2018, the Court of Justice of the European Union (hereinafter ‘CJEU’ or ‘the Court’) was once again seized to render a preliminary ruling in an air passenger rights case. This time, clarification was sought with regards to Article 3(1)(a) of Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91 (hereinafter ‘the Regulation’) and the possibility of obtaining compensation for delays incurred on segments outside of the EU on flights operated by non-Community carriers. Once again, the Court rendered a decision that is incompatible with international law and increased the extra-territorial application of the provisions of the Regulation.
A Commentary on the Articles Appearing on Pages 583-618 Relating to the Exclusivity of the Liability Rules of The Montreal Convention of 1999 Applicable to the Carriage of Passengers and Cargo
Authors: Tompkins Jr George N.
Published: March 2022

Issue 6, 2018 of Air & Space Law included two very fine articles addressing Court decisions of the (1) European Court of Justice (CJEU) [see pages 609-618] and (2) an ‘Intermediate People’s Court’ in Beijing, PRC, [see pages 583-607] involving ‘international air carriage’ within the scope of the 1999 Montreal Convention

 

[MC99] and addressing the exclusivity of the liability and damage rules of MC99 to the exclusion of otherwise applicable local or domestic laws, rules and regulations. MC99 was conceived, drafted and adopted to supplant and replace the hodgepodge of liability rules, applicable to ‘international air transportation’, which existed from 1929 to 1999 in various related international treaties, amending /supplementing protocols and inter-carrier agreements, which had evolved over the life of the 1929 Warsaw Convention addressing and resolving, albeit in a temporary and insufficient manner, certain of the liability rules applicable to the international air transportation of passengers, baggage and cargo.1 When MC99 entered into force on 4 November 2003, the following existing Conventions, Protocols and inter-carrier agreements dealing with air carrier liability arising from the international air transportation of passengers, baggage and cargo were superseded by MC99, where applicable to the transportation:
The Relevance and Applicability of Cybersecurity Laws with Regard to Data Storage on Board Satellites and on the Ground
Authors: Stefoudi Dimitra
Published: March 2022

Cybersecurity is a growing concern in the space sector, with satellite transmission interference and unauthorized access to data being the most common threats against space systems. This article will focus on the latter and on the cybersecurity laws that, albeit in their infancy, aim at protecting against such risks. In particular, this article will assess whether the existing cybersecurity regulations are pertinent to the protection of data stored onboard satellites in outer space and on ground facilities. It will specifically refer to the context of the EU Directive on Security of Network and Information Systems (EU NIS Directive), the US Internet of Things Cybersecurity Improvement Act (IoT Cybersecurity Act), and the Tallinn Manual on the International Law Applicable to Cyber Operations (Tallinn Manual 2.0), so as to assess their connection to the current methods of data storage. Towards this end, the relevance of the said laws and their competence in ensuring adequate standards of protection against cyber threats and security breaches will be argued. On the one hand, cybersecurity regulations are designed to safeguard the integrity of data systems from external tampering. On the other hand, it has not yet been established whether the scope of these laws extend outside the territorial sovereignty of States or in outer space, all while cyber operations in the framework of space activities may appear in various forms.

 

The purpose of this article is to determine whether the regulatory regime in force is able to address the challenges arising from the increasing connectivity of satellites and satellite systems, which make them vulnerable to cybersecurity risks. In doing so, it will mainly focus on the notions of an information system, service provider, and cyber threat within the structure of space data systems.
Collisions of Artificial Satellites: The Liability of States and Private Entities
Authors: Frohloff Jan
Published: March 2022

With increased traffic in the orbits around Earth comes an increase in the probability that two operational spacecraft will collide or that one will be hit by junk such as decommissioned satellites, rocket stages or their fragments. If a satellite suffers damage from a collision or has to be declared a complete loss, the affected commercial spacecraft operator will try to recover its losses. But from whom? The Outer Space Treaty and the Liability Convention were not drafted for the commercial space era and will help the commercial operator only little, if at all. This article examines the claims a commercial spacecraft operator can pursue, including the possible fora in which these claims can be brought.

Collisions, Spacecraft, Satellites, Space Debris, Liability, Jurisdiction
Evolution or Devolution: Aviation Law and Practice After COVID-19
Authors: Cassar Roberto
Published: March 2022

The swift and vast spread of Coronavirus Disease-2019 (COVID-19) was caused, to a significant extent, by aviation itself. This virus proliferated worldwide not only due to its ability to be transmitted from one human to another easily, but also due to the unprecedent volume of travel, especially by air, at a time of unprecedented globalization. In the wake of COVID-19, various novel practices have been and are being proposed. In this light, an examination of a number of these proposed practices is undertaken, this in order to determine whether they are legally sound or not. An examination of the laws underlying those practices follows, not least because such practices are virtually all erected upon a legal foundation. By examining the relevant laws on both an industry and State level, an attempt is made at determining whether or not such laws are adequate in allowing the corresponding practices to be effective. This article conclusively discusses whether the proposed practices and the underlying laws already in existence have the potential to prevent a future disease from spreading as swiftly and as vastly, and from disrupting the aviation industry as severely as COVID-19 has.

COVID-19, Communicable Diseases, Aviation Practices, Aviation Law, Future
EU Regulation No 261/2004 on Air Passenger Rights: The Impact of the COVID-19 on Flight Cancellation and the Concept of Extraordinary Circumstances
Authors: Erotokritou Chrystel , Grigorieff Cyril-Igor
Published: March 2022

The outbreak of the COVID-19, which rapidly reached the level of a pandemic, has dramatically affected the aviation industry this year. An important number of flights have been cancelled and passengers are seeking reimbursement and compensation for their travel disruption. The European Regulation No 261/2004 on air passenger rights establishes a specific liability regime in case of flight cancellation. This article analyses the effects of this unparalleled health situation with respect to the passenger rights set out in this European regulation. It discusses the question of reimbursement, rerouting, care, and compensation with regard to the concept of extraordinary circumstances. It also calls for a realistic response from the European Institutions to further protect the aviation industry.

Cancellation, Compensation, Flight, Reimbursement, 261/2004
The Potential for Exposure of Air Carriers to Passenger Liability in Respect of COVID-19
Authors: Lawson Robert , Trimarchi Andrea , Harakas Andrew
Published: March 2022

Coronavirus disease 2019 (COVID-19) is a true pandemic. Consideration is given to potential exposure of air carriers to passenger liability in respect of alleged infection with the virus in the course of carriage by air having regard to the terms of the Montreal and Warsaw Conventions and case law relating to the same. It is concluded that such claims face various legal and practical hurdles and that liability is unlikely to engage in vast numbers.

COVID-19, Passenger Liability, Article 17, Bodily Injury, Accident, Causation
The Impact of US Remote Sensing Regulatory Reform on Canada
Authors: Kerkonian Aram Daniel
Published: March 2022

This article considers the manner in which Canada may choose to reform its regulatory framework related to remote sensing space activities. The article begins by presenting a brief historical perspective on the role and utility of remote sensing space activities as well as Canada’s contributions and particular expertise and reliance on such technology. The article then illustrates the various legal elements related to regulating remote sensing activities in Canada (focusing specifically on the international, bilateral and domestic foundations of such regulation) before shifting to an investigation of the steps already made to address the reformation of Canada’s regulatory framework. The article then highlights the recent US reforms to its own domestic remote sensing regulatory framework and illustrates the consequences of such changes for Canada. The article then provides a number of options on how Canada may proceed with its own reform agenda and culminates by highlighting a few areas requiring further research. This article helps explain the underlying rationale of Canadian space policy related to remote sensing and how changes to the legal framework related to remote sensing are both necessary and beneficial.

Canadian space law, space policy, remote sensing, national security, commercial development
International Air Cargo in Time of Crisis: Global Challenges and Modal Shift Provide Transformational Opportunity in Commerce and Law
Authors: Leloudas George , Soffin Daniel B.
Published: March 2022

The current pandemic has elevated the critical need for a dependable, resilient, air cargo supply chain to the forefront of commercial and legal discussion. Throughout its history, air cargo has evolved in parallel with other unimodal means of cargo transport into a global multimodal transport paradigm. The unimodal legal regimes governing individual modes of cargo transport have not kept pace with the growth and development of global cargo transport and its associated legal issues. The unimodal regimes do not adequately reflect the relational, commercial, and operational realities of the contemporary global multimodal supply chain. The authors identify key changes in air cargo and multimodal supply chain logistics and relationships, and discuss the resulting contemporary legal issues that have emerged and must be addressed. The authors advocate that a multimodal cargo transport regime is needed to reflect these current realities and to accommodate future multimodal evolution. At a minimum, update and integration of the Warsaw, Montreal, and CMR conventions is indicated. The authors emphasize the essential need for continued integration of new technologies and complete digitalization of the air cargo supply chain in order adequately to prepare for the global multimodal cargo transport paradigm of tomorrow.

aviation, air cargo, CMR, Warsaw Convention, Montreal Convention, unimodal, multimodal, global multimodal supply chain, digitalization, technology
Flying High for AI? Perspectives on EASA’s Roadmap for AI in Aviation
Authors: Emanuilov Ivo , Dheu Orian
Published: March 2022

In early 2020, the European Union Aviation Safety Agency (EASA) published its long anticipated ‘Roadmap for Artificial Intelligence in Aviation’. This document builds upon previous European initiatives such as the High-Level Expert Group’s Ethical Guidelines on artificial intelligence (‘AI’), where the concept of ‘trustworthiness’ is embedded as a key pillar and a pre-requisite for developing and deploying AI technologies. The roadmap assesses the associated ethical, safety and regulatory challenges that may arise from the deployment and use of AI applications in aviation. This article provides an overview of the main takeaways, strengths and weaknesses of this roadmap. It critically analyses the main challenges of AI-driven technologies throughout the entire aviation domain. The article argues the roadmap would benefit from considering new regulatory tools and processes, such as regulatory sandboxing and AI-driven certification, and contends any efforts for standardization of AI in aviation must be reconciled with existing standardization of automation and that this may not always be a straightforward process as far as interoperability is concerned. Finally, the article argues that further exploration of the identification and allocation of liability will be indispensable in fostering increased levels of trust in AI-enabled aviation.

AI, Innovation, Regulation, Aviation, Autonomous Systems, Regulatory Sandboxing
The Lunar Legal Landscape: Challenges and Opportunities
Authors: Sundahl Mark J. , Masson-Zwaan Tanja
Published: March 2022

This article provides an overview of the current legal landscape for lunar missions and summarizes various initiatives and developments at both the national and international level that complement the existing regulatory framework in this field. The authors tie all these elements together in an effort to give an outlook on the prospects for a sustainable lunar legal landscape in a realistic format and timeline.

Space law, space policy, lunar exploration, space resources, UNCOPUOS
Aerial Cabotage Revisited: From Exclusion to Internationally Recognized Practice
Authors: Vladislav Donakanian , Ekaterina Samorodova , Ivanov Dmitry
Published: March 2022

Current practices allow the grant of cabotage rights to foreign carriers on an exclusive basis. However, the legality of such practices is controversial, since the provisions of Article 7 of the Chicago Convention appear to prohibit such a grant on an exclusive basis. The present article examines the doctrinal views pertaining to the interpretation of the provisions of the Chicago Convention concerning cabotage, as well as State practice. This article is designed to demonstrate that Article 7 of the Chicago Convention is virtually ignored by States and regional organizations. Therefore, we assert that, on the basis of State practice, a new norm of international law is emerging, pursuant to which States grant cabotage rights on an exclusive basis.

Cabotage, Traffic Rights, Freedoms of the Air, Domestic Air Traffic, International Air Law, Chicago Convention
Airline-Imposed Vaccination Requirement for Air Travel: Considerations from a German Perspective
Authors: Vogler Ralf
Published: March 2022

Since the start of vaccination against Covid-19 there is an ongoing debate on privileges for people that achieved immunity either by vaccination or a recovery from Covid itself. With the beginning of the vaccination process, airlines and their associations have been addressing the need of immunity passes for travel. Linking the possibility to travel with receiving a vaccination beforehand could be considered a forced vaccination through the back door of private business. This article aims to shed light on the specific scenario the aviation industry is facing from a legal perspective. Despite its focus on German and European law in particular, most of the considerations will be applicable in other jurisdictions as well. It becomes obvious that a contractual requirement to receive a vaccination before being allowed to fly is resulting in a variety of concerns from competition and anti-discrimination law perspectives to moral considerations of contracting. Virtually all aspects discussed in this article relate back to the fundamental rights position of travellers and airlines. By weighing the rights affected, it is concluded to be legal for airlines to require their passengers to receive a vaccination against Covid-19.

air travel, revival strategies, covid, fundamental rights, vaccination
Regulatory Context of Conflicting Uses of Outer Space: Astronomy and Satellite Constellations
Authors: Rotola Giuliana , Rotola Giuliana , Williams Andrew , Williams Andrew
Published: March 2022

The freedom of access to outer space has resulted in an exponential increase of objects located in Earth’s orbits. In the coming decade, up to 100,000 satellites in large constellations could be added to Low Earth Orbit (LEO) alone. These new activities require coordination with preexisting ones and consideration of the balance between the different interests at stake. This article addresses satellite constellations’ impact on astronomy and explores solutions to ensure that the development of both are coordinated and harmful interference is minimized. The research analyses former and recent international collaboration efforts to protect astronomy. The authors examine the international legal framework, evaluating the opportunity to consider astronomical observations as space activities, even when ground-based, and present the regulatory consequences of this interpretation, proposing the provision of information to the UN of the aforementioned activities through the mechanism of Article XI Outer Space Treaty (OST) and the protection of such activities through the consultation mechanisms of Article IX OST. Through the combined use of these articles and in compliance with the rules provided for by international space law, it should be possible to protect astronomy by coordinating with legitimate satellite constellations operations.

Satellite Constellations, Astronomy, Space Law, Due Regard, Coordination, Consultation, Notification
The EU–UK Competition and State Aid Regulatory Environment for Airlines: Post-Brexit, Post-Transition
Authors: Truxal Steven
Published: March 2022

Following the United Kingdom’s departure from the European Union and the transition period that followed, the UK and EU have embarked upon a journey to form a new relationship. With the entry into force of the EU–UK Trade and Cooperation Agreement (TCA) in May 2021, now is an opportune moment to consider what has been achieved and what is yet to come in the areas of competition (antitrust rules and merger control) and State aid. This article examines the current state of play in these important areas for ongoing and future international cross-border activity, in which international airlines play a central role. It identifies and reflects on the key ‘moving parts’ in this unchartered EU–UK regulatory environment: law reform, the competition authority’s role and future regulatory cooperation.

Antitrust, Merger, State aid, Subsidy, Brexit
Air Passenger Rights in the UK Post-Brexit: The Position so Far
Authors: Lawson Robert
Published: March 2022

This article summarizes air passenger rights in the UK post-Brexit, the status of European Union (EU) law that has been retained by the UK and how it is to be interpreted. It concludes that in practical terms there is little material change to date. Further, divergence is unlikely due to a combination of the statutory scheme adopted by the UK in respect of the implementation of Brexit and the terms of the Trade and Cooperation Agreement (TCA) made with the EU – unless and until the EU departs significantly from what its law provided as at Brexit in relation to air passenger rights.

Air Passenger Rights, Brexit, UK, Status, Interpretation