bluuebunny/crossref_metadata_2025_split huggingface dataset:
Liability of Aviation Security Service Providers and Responsibility of States
Authors: Hong Jane 
Published: March 2022

Following the events of 9/11, dramatic changes have been implemented in aviation security standards. Along with the changes in public regulation, there was an entity that newly emerged in the eyes of public – the aviation security service providers (ASPs).
This article elaborates on the responsibility and liability of ASPs and suggests several options for ASPs to protect the business itself from unlimited third-party liability in case of an act of terrorism. Then it inquires into the responsibility of States in this regard.
Aviation Security: Technical and Regulatory Measures against MANPADS
Authors: Kaiser Stefan A. 
Published: March 2022

The public has paid only little attention to the threat of ‘Man-Portable Air Defence Systems’ (MANPADS) against aviation security. MANPADS are cheap, efficient, portable, and simple to use. They are easily accessible on the international arms markets and thus an ideal ‘poor man’s weapon’ for asymmetric conflicts since they can be used offensively with a devastating effect. In 2004, the International Civil Aviation Organization (ICAO) listed over forty MANPAD incidents against civil aircraft, more than half of which were successful, resulting in almost 600 casualties.
In the last years, a wave of resolutions and decisions about MANPADS were taken in several international organizations and other fora. Many measures undertaken by States, airlines, and airport operators are kept confidential. This article gives a general overview of these technical and regulatory measures and the underlying rationale of the actors. At the same time, it provides an insight into decentralized international rule making of a subject matter, which States feel compelled to act upon, but for reasons of their own national defence, they do not agree on an internationally legally binding agreement.
The Continuing Development of Montreal Convention 1999 Jurisprudence
Authors: Tompkins Jr George N. 
Published: March 2022

The Montreal Convention 1999 (MC99) replaces the 1929 Warsaw Convention (WC29). MC99 was adopted on 28 May 1999 and came into force on 4 November 2003 with the deposit of the thirtieth instrument of ratification by the United States on 5 September 2003. There are, as of 12 November 2010, nine-seven State Parties to MC99.
The drafters of MC99 were vigilant in not changing the substantive wording of the principle liability rules of WC29, so as to preserve the validity of the seventy-five years of WC29 legal precedents for courts when applying the comparable liability rules of MC99.
Since MC99 came into force, the courts interpreting and applying the MC99 liability rules have been ever cognizant of this intent of the drafters of MC99. This is the third article summarizing MC99 court decisions for the benefit of the readers of A&SL and this summary will appear each year as court decisions are rendered in the States Party to MC99 applying the MC99 liability rules.
Foreign Plaintiffs, Forum Non Conveniens, and the 1999 Montreal Convention
Authors: Mendelsohn Allan I. 
Published: March 2022

The purpose of this article is not so much to focus on the multitude of successful forum non conveniens motions that have been granted in recent years by US courts, but rather to focus on the increasing frequency of foreigners (i.e., non-citizens and non-residents) opting to sue in the United States. They do this because in many instances they are aggressively solicited by US-employed so-called 'consultants' who tell them that they can not only enjoy contingency fee arrangements in retaining their US lawyers, but that they can also enjoy the likelihood of much larger financial recoveries than could be expected from the courts in their own countries. Even if these representations are in fact true, the issue addressed by the author is the propriety of foreigners seeking access to US courts for these purposes. The author briefly examines the decisions in several of the more recent aviation accident cases. A disproportionate number of them, as can be seen, involve accidents that occurred abroad, on foreign airlines - many of which do no business in the United States and, hence, are not subject to US jurisdiction - and with victims that are mostly or all citizens of foreign countries. Finally, the author proposes an approach that he believes would help to eliminate or, at the least, lessen the frequency with which foreign citizens resort to US courts following aviation accidents abroad while, at the same time, providing foreign plaintiffs who are victims of international air mishaps with faster and more certain resolution of their claims. The author also proposes what he believes is a much better and more efficient system for determining whether courts abroad are available and adequate for purposes of allowing a US court to grant a forum non conveniens dismissal.
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.
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.
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.
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.
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.
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