bluuebunny/crossref_metadata_2025_split huggingface dataset:
Legal Ramifications of the Investigations of the 2010 Polish Presidents Aircraft Accident
Authors: Kasprzyk Piotr 
Published: March 2022

On 10 April 2010, an airplane carrying Polish President Lech Kaczyński, his wife, and dozens of the country's political and military leaders crashed during its approach to Smolensk 'North' aerodrome in western Russia. All ninety-six people on board the aircraft were killed. An air accident of that magnitude came as a stunning blow to Poland and a shock to the international community. Swift determination of its cause has become an absolute priority not only for the competent investigating authorities in Poland and Russia but also for political leaders who were put under considerable pressure from the media and the general public. The article looks into the legal and organizational aspects of the technical and judicial investigations initiated following that accident, with particular emphasis on the application of the international rules on air accident and incident investigations.
Air Passenger Rights after Sturgeon
Authors: van Dam Cees 
Published: March 2022

In Sturgeon, the European Court of Justice considered that EC Regulation 261/2004 on Air Passenger Rights breaches the principle of equal treatment. It held that air passengers with a delay of three hours or more have a right to compensation, unless the airline can prove that the delay was caused by extraordinary circumstances. After a brief look into how airlines generally perform with regards to their obligations under Regulation 261/2004 (section 1), I will summarize the Sturgeon decision as it was handed down by the European Court (section 2), set out the airlines' response to Sturgeon, which amounts to a boycott of the European Court's decision (section 3), analyse the questions referred to the European Court by the High Court in London in which the airlines challenge the validity of Sturgeon (section 4), and briefly comment on questions referred by the German Federal Court on the application of Sturgeon (section 5). My conclusion (section 6) will be that the European Court cannot but confirm Sturgeon, because the decision is compatible with both the Montreal Convention and the Grand Chamber decision in International Air Transport Association (IATA). This conclusion is in line with the opinion I published in January 2010. This article may be misunderstood as presenting a consumer view on Air Passenger Rights. However, it only aims to predict, from an independent perspective, what the European Court will decide in the pending cases with respect to Sturgeon.
Emirates: A Perspective on Issues in Canadian Aviation
Authors: Parker Andrew 
Published: March 2022

Over the past two decades, countries around the world have reformed antiquated restrictions on international air service and adopted Open Skies or similar policies that have allowed markets to function, competition to flourish, fares to drop, jobs to be created and thousands of new routes to be opened. While the overall global trend has been towards opening markets to promote competition, in some cases flag carriers have successfully lobbied their governments to limit foreign competition. These flag carriers have often ignored the best interests of consumers and the overall economic well-being of their countries. Air Canada is among this group and its position has been supported by Fred Lazar, Associate Professor of Economics, Schulich School of Business, York University, Toronto. Lazar argues that Canada's denial of Emirates' requests for further access is legitimate and suggested the benefits of more Emirates services would be outweighed by negative factors, which included false accusations that Emirates might receive subsidies and might be guilty of capacity dumping in certain markets. Ignoring the pro-consumer, pro-competition, and pro-growth benefits achieved through liberalized bilateral air services agreements (ASAs), Lazar instead calls for a multilateral system that, in practice, would restrict the airline industry with heavy government regulation and invite litigation over questions of subsidies, state aids, and 'unfair' competition. These views are out of line with the increasingly interconnected global economy and would stymie Canada's economic growth. Emirates supports the reform of bilateral ASAs to achieve full market access and safeguard competition, including protections against subsidies and other practices that deny airlines a fair and equal opportunity to compete. Emirates is prepared to work toward liberalization on a multilateral basis but, given the absence of international consensus to do so, opposes efforts to delay bilateral liberalization pending the realization of a global accord. A robust debate to define subsidies is appropriate. However, such a discussion should be factual, transparent, and focus on the entire industry, including Air Canada, not on myths about a handful of air carriers promulgated by vested interests. Progress that benefits consumers, communities, and broader national economic interests will not be achieved by Lazar's model of an over-managed, over-regulated, protect-the-incumbents multilateral regime. Lazar's support for protectionist policies that favour Air Canada are no surprise given his past professional ties as advisor to ACE Aviation Holdings, the parent company to Air Canada, a fact that goes strangely unmentioned in his article. With Canada's falling competitiveness in global tourism and the increased leakage of Canadian passengers choosing to fly from US airports due to lower prices, Emirates believes increasing services would have an immediate and positive effect on the Canadian economy.
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.
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.
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.
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