bluuebunny/crossref_metadata_2025_split huggingface dataset:
Fatigue Risk Management Systems: Issues of Air Crew Integrity and Liability
Authors: Abeyratne Ruwantissa 
Published: March 2022

On 3 March 2009, the Council of the International Civil Aviation Organization (ICAO) approved international standards, which stipulate that regulations on flight and duty time limitations must be based on 'scientific principles and knowledge'. These standards became effective on 19 November 2009 and remain applicable. On 13 June 2011, the Council adopted international standards for Fatigue Risk Management Systems (FRMS) with a view to better addressing crew fatigue, which is considered a key contributor to aircraft accidents. The new standards, which would amend current standards of ICAO Annex 6 to the Convention on International Civil Aviation - Operation of Aircraft Part I - International Operations - Aeroplanes came into effect on 30 October 2011 and become applicable on 15 December 2011. Global standards on limitations applicable to crew duty hours have gradually become obsolete and inapplicable in the face of varying operational contexts that require globally harmonized management systems containing standards and guidance material. In July 2011, ICAO, the International Air Transport Association (IATA) and the International Federation of Air Line Pilots' Associations (IFALPA) issued guidance for operators that provide air operators with information for implementing an FRMS that is consistent with applicable standards and recommended practices (SARPs) of ICAO. Also in existence, hand in hand with this guidance, is the Regulator's Manual that guides regulators through the FRMS process. Both these documents are accessible through the ICAO website. On 30 and 31 August 2011, ICAO held an FRMS Symposium where a unique gathering of more than 500 representatives from government, the air transport industry and the scientific community held important discussions that resulted in several conclusions. Both the regulatory regime and the discussions in the Symposium bring to bear important issues of air crew integrity and their responsibility to disclose vital information in terms of their fitness to pilot a flight as well as their continuing health. This article, written from the perspective of the crew with focus on the technical crew, discusses their liability for non-disclosure of critical information of a pre-existing medical condition and concludes by asking compelling questions to ensure safety of flight.
Nationality Requirements for EU Airlines: The Lufthansa/Swiss/Austrian Mergers as a Case Study
Authors: Rijke Robert 
Published: March 2022

The Lufthansa Group, in its acquisition strategy over the past decennium, has been building up a conglomerate of 'independent' airlines within Europe. These cross-border acquisitions have been facilitated by the applicable EU common air transport regulations and the creation of a single EU aviation market. Historically however, such international airline mergers or acquisitions have not been easy to realize, due to regulatory barriers regarding foreign ownership restrictions, in both air service agreements and national laws. This so-called nationality rule prevents airlines from merging across-borders. These regulatory barriers for cross-border mergers and acquisitions are also the main reason for the emergence of transatlantic airline alliances. Transatlantic alliances or joint ventures merely exist because airlines cannot merge cross-border. In the absence of such transatlantic regulatory barriers it would be more efficient to merge, instead of forming an alliance. Desai describes this, using a romantic metaphor: 'If an alliance is like an engagement and a merger is like a marriage, for the majority of airlines the best they can do is get engaged because marriage is not an option. This is because of the restrictions on airline ownership and control that has been in place since the Chicago Convention over 60 years ago.' This article will show that marriage for intra-EU airline partners is now an option. Even marriage between an EU and a Swiss carrier is now an option. Transnational airline mergers and acquisitions in the single EU aviation market have become easier to establish due to regulatory developments. The internal EU regulatory regime at present facilitates intra-EU airline mergers and acquisitions. This article will focus on two acquisitions as done by The Lufthansa Group in the past decennium: the takeover of Swiss International Air Lines in 2005 and the takeover of Austrian Airlines in 2009, and will analyse the aviation legal aspects surrounding both transactions, in particular focussing on the 'nationality rule' and competition law aspects.
EU Competition Law Developments in the Aviation Sector from 1 January 2012 to 26 July 2012
Authors: Semper Kelly-Ann 
Published: March 2022

The first part of 2012 has been relatively quiet in terms of competition law activity in the aviation sector, although this period finally brings us the European Commission's (the 'Commission') published decision in the Olympic Air / Aegean merger prohibition, the Commission's published clearance decision in the IAG / BMI merger, and a Commission decision in the freight forwarding cartel investigation. There has been an increase in merger activity in the aviation sector over the past few months, although most of these are still awaiting a decision by the Commission. This article first summarizes any relevant judgments of the European Courts, and those judgments which are still pending, as well as any decisions and ongoing investigations by the Commission which occurred during the period under review. It then considers in further detail some of the more significant cases and important themes arising therefrom, and in particular the Commission decisions in the Olympic Air / Aegean merger and the IAG / BMI merger, in addition to the freight forwarding cartel decision.
Liability of Air Navigation Service Providers: Towards an International Solution
Authors: Vrbaski Lazar 
Published: March 2022

The rapid growth of air traffic is inevitably leading to congested skies, which may cause more flight delays, and more alarmingly, jeopardize the safety of air navigation. For this reason, the provision of air navigation services is undergoing constant modernization, necessitating a solid legal framework. This paper examines the adequacy of the current legal framework, characterized by predominantly national regulation, with respect to traditional and cross-border arrangements for the provision of air navigation services. The Single European Sky legislative package, while reconfiguring European airspace into functional airspace blocks, does not address the liability of air navigation service providers. As will be discussed in this paper, complex cross-border services provision scenarios, such as those envisaged by the Single European Sky project, require a clear liability framework, which, in our view, would best be achieved through lawmaking on the regional level. This could serve as a basis for an international convention which would be desirable, should concepts such as the Single European Sky develop in other regions of the world.
EU Competition Law Developments in the Aviation Sector from 29 July 2012 to 31 December 2012
Authors: Deasy Geoffrey 
Published: March 2022

The second part of 2012 has seen a moderate increase in competition law activity in the aviation sector, coupled with the European Commission's (the 'Commission') announcing a package of proposals to increase the competitiveness of the European Union's (EU) aviation industry. A summary of the Commission's decision in the freight forwarding cartel investigation has finally been published, however the non-confidential version is still awaited. Since July, there have been a number of mergers announced, including Aegean/Olympic and IAG/Vueling. This article first summarizes the Commission's package of proposals, reviews the ongoing and closed investigations, considers the mergers that have been notified to the Commission or other regulators (as opposed to potential mergers that have been announced in the media), reviews relevant judgments of the European Courts (the General Court and the Court of Justice), as well as those judgments that are still pending and concludes with a review of some relevant State Aid decisions.
The 6th Air Transport Conference of ICAO: A Critical Analysis
Authors: Abeyratne Ruwantissa 
Published: March 2022

Every once in ten years the International Civil Aviation Organization (ICAO) holds a worldwide air transport conference. The most recent such event - the 6thWorldwide Air Transport Conference (ATConf/6) - was held in Montreal from 18 to 22 March 2013. At this conference, delegates mulled over 'achievements' since the 5th Worldwide Air Transport Conference (ATConf/5), held ten years earlier in Montreal from 24 to 29 March 2003. ATConf/6 decided, after consensually agreeing that ICAO should play a 'leadership role' in meeting its aim to 'meet the needs of the people of the world for safe, regular, economical and efficient air transport'(as prescribed in the Convention on International Civil Aviation) that ICAO should continue to assist States in liberalization efforts by enhancing the 'market place' facility offered to States; continue to update the Template Air Services Agreements (TASAs) to keep pace with regulatory evolution; undertake and promote the development of additional training courses, regional seminars or similar activities for the benefit of States, in accordance with available resources; continue to monitor regulatory developments, conduct studies on major issues of global importance, and provide policy guidance and assistance to States; and continue to develop relevant databases such as the Database of the World's Air Services Agreements as well as case studies of liberalization experiences. The questions posed by this article are: are these tasks for ICAO which were decided on by ATConf/6 (and other such preceding conferences) those of one in a leadership role? Are they sufficient to meet the needs of the people of the world for safe, regular, economical and efficient air transport? Should ICAO not be allowed to think out of its 67 year old box and be a beacon to air transport regulators? In other words, shouldn't the bottom line of ICAO's existence in the field of air transport be to analyse trends and guide the air transport industry instead of continuing to act as merely a forum for global practitioners to gather and update information on their respective countries policies for air transport? Shouldn't ICAO provide direction with regard to one of its Strategic Objectives, as do other specialized agencies of the United Nations? A critical analysis follows.
EU Competition Law Developments in the Aviation Sector from 01 January 2013 to 3 July 2013
Authors: Deasy Geoffrey 
Published: March 2022

The first half of 2013 has seen quite a substantial increase in competition law activity in the aviation sector. This is partly the result of quite a bit of merger activity (six cases with two phase II investigations ongoing) but there has also been considerable activity on the State aid front with the European Commission (the 'Commission') opening five new State aid investigations and announcing a consultation on proposals for new State aid guidelines for aid to airports, start-up routes and airlines. This article first summarizes the Commission's proposals for new State aid guidelines, reviews the ongoing and closed investigations, considers the mergers that have been notified to the Commission or other regulators, reviews relevant judgments of the European Courts (the General Court and the Court of Justice),1 as well as those judgments that are still pending and concludes with a review of some relevant State Aid decisions.
EU Competition Law Developments in the Aviation Sector from 4 July to 31 December 2013
Authors: Deasy Geoffrey 
Published: March 2022

The second half of 2013 has seen continued activity in the aviation sector, particularly on the part of the European Commission ('Commission') which issued five new merger decisions. At the start of 2013 we saw the Commission prohibiting Ryanair's second takeover bid for Aer Lingus. Some no doubt wondered if the Commission would also prohibit Aegean Airlines' second takeover bid for Olympic which had previously been prohibited in January 2011.Also of note was the UK's Competition Commission ('CC') issuing its Final Report into Ryanair's minority shareholding in Aer Lingus This article considers the UK consultation relating appeals of licence conditions imposed on operators of dominant areas at dominant UK airports, reviews the ongoing and closed investigations, reviews relevant judgments of the European Courts (the General Court and the Court of Justice), as well as those cases awaiting judgment and concludes with a review of some relevant State aid decisions. Somewhat surprisingly there do not appear to have been any aviation mergers notified to regulators in the EU over the last six months.
Report on the European Air Law Association 9th Munich Liability Seminar: Liability, Insurance and Reinsurance, Passenger Rights and Procurement of Legal Services in the Air Transport and Aircraft Fina
Authors: Cluxton David 
Published: March 2022

The 9th edition of the European Air Law Association (EALA) Munich Liability Seminar took place on the 19 May 2014. There were panels addressing current issues in private air law: passenger rights and the proposed revision of Regulation 261/2004; criminalization of aviation accidents and accident reporting; assessment of the Montreal Protocol 2014, amending the Tokyo Convention 1963, including the problem on unruly passengers. The seminar also included a presentation of reinsurance in the aviation sector from Munich Re. The seminar touched on space law with a panel consisting of two presentations on the topic of liability for damage caused by sub-orbital spacecraft. The seminar concluded with an in-house counsel panel of current trends in the procurement of legal services.
On 19 May 2014 the Kempinski Hotel Airport Munich once again played home to the European Air Law Association (EALA) Munich Liability Seminar, this time back for its 9th edition. The seminar itself was preceded the previous night by a visit to the BMW Museum, which included a private tour of the exhibition. The following morning, the President of EALA, Prof. Dr P.M.J. Mendes de Leon, gave his welcoming address to the delegates, noting the international appeal of the seminar's programme, evidenced by the attendance of so many delegates from the United States. Dr Ehlers, reiterating the warm welcome to the delegates gave the floor to Dimitri de Bournonville, Partner at Kennedys Law Firm in Brussels, and moderator of the day's first panel.
Unmanned, Remotely Piloted, or Something Else? Analysing the Terminological Dogfight
Authors: Huttunen Mikko 
Published: March 2022

Throughout their existence, several attempts have been made at naming and categorizing aircraft which are flown without a pilot on board. Regulatory documents by the International Civil Aviation Organization (ICAO), European Aviation Safety Agency (EASA), and Federal Aviation Administration (FAA) have called them unmanned and remotely piloted aircraft (systems), drones, and other less popular names. This has resulted in a risk of gaps and incoherence being introduced into the system of international aviation law. The growing field of unmanned aviation has proved difficult to encapsulate in a single term which would serve as a regulatory basis. This article seeks to analyse the terminological dogfight between the most established terms used to regulate the aircraft in question. It presents the legal basis, meaning, implications, and relevance of each term and their mutual relationship. The article recommends doing away with the concept of model aircraft, as it has become difficult to distinguish recreational from non-recreational use of the aircraft in question. A critical angle is taken at the concept of pilotless aircraft, employed in the Chicago Convention. The article acknowledges that both unmanned and remotely piloted aircraft are viable regulatory concepts, but preference is given to the former due to its simplicity and wide scope. The concept of a system is seen as necessary due to the distributed nature of the aircraft.
EU Competition Law Developments in the Aviation Sector: January to June 2017
Authors: Deasy Geoffrey 
Published: March 2022

The first half of 2017 continues to highlight the significant impact of competition law in the aviation sector. This article summarizes 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 (‘Commission’) has cleared a number of mergers and taken a significant number of State aid decisions. It has also re-adopted its 2010 Air Cargo Cartel decision imposing fines on 11 airlines, all of whom are appealing this new decision. In addition, the National Competition Authorities in Italy, Germany and the UK have been involved in merger cases and investigations in the aviation sector. The Commission has also approved new State aid rules applicable to airports and published a draft Regulation which will potentially enable it to challenge anti-competitive behaviour occurring in markets beyond the EU but affecting EU carriers.
European Union Competition Law Developments in the Aviation Sector: JanuaryJune 2018
Authors: Deasy Geoffrey 
Published: March 2022

The first half of 2018 has seen a significant increase in the application of competition law across the EU aviation sector, particularly in respect of abuse of dominance claims. This article summarizes the main developments over the past six months and provides the reader with greater detail of each of these developments. The first six months of 2018 have seen no less than six authorities being involved in potential abuse of dominance cases (two authorities opening cases and four authorities closing cases – with all but one of the cases involving access conditions to airport infrastructure) and two court judgments being handed down. This highlights the increasing use of competition law arguments by authorities and unhappy current or former airport users and the challenges faced by airport operators when dealing with the managed infrastructure. The European Commission (‘Commission’) is understood to have initiated an internal review of its own policy when slot divestiture commitments are offered during the EU merger review process. This appears to have arisen as a result of slot congestion at certain airports and the apparent low uptake of slots subject to such commitments. State aid continues to feature in the aviation sector, but it appears that aid is now being more frequently or successfully deployed by Member States to airports in the form of operating or infrastructure aid.
Contaminated Air: Is the But For Test Saving Air Carriers?
Authors: Defossez Delphine 
Published: March 2022

Cases concerning victims of presumed air cabin contamination are receiving ever more media attention. Meanwhile, experts are still trying to demonstrate that the so called ‘fume events’ might have consequences on human health. A recent study published in 2017 demonstrates a ‘clear cause and effect relationship has been identified linking the symptoms, diagnoses and findings to the occupational environment.’ (Susan Michaelis et al., Aerotoxic Syndrome: A New Occupational Disease?, 3 Pub.c Health Panorama 198 (2017)) If other studies corroborate such findings, then carriers might face large amounts of litigation from former crew members who are suffering from chronic illnesses. Although the problem has been known for over a decade, only a few cases have been successful, mainly because the victims used specific health-related legislation rather than general tort law. Basing itself predominantly on the Richard Westgate case, this article concludes that the famous English ‘but for’ test is preventing claimants from demonstrating any causal link between their illnesses and the fume events.
The Montreal Convention 1999 at 21: Has It Come of Age or Passed Its Sell-by Date?
Authors: Lawson Robert 
Published: March 2022

The Montreal Convention is now twenty-one. This article summarizes its purpose, passage, and what it added to its predecessor, the Warsaw Convention, and its progeny. It considers the case law that it has produced and issues that arise in its application. It is concluded that the Montreal Convention has not passed its sell-by date and remains a praiseworthy international instrument for the regulation of air carrier liability, but suggestions are made as to possible further revisions and enhancements.
Carrier liability, Montreal Convention, Review, Revision, Expansion
National Reflexes Following the COVID-19 Outbreak: Is Sovereignty Back in the Air?
Authors: Mendes de Leon Pablo 
Published: March 2022

States have closed their national airspaces in the past for a variety of reasons which may pertain to environmental concerns, safety, security, politics or war. The global spreading of the Coronavirus disease 2019 (COVID-19) virus sheds a new light on closure of the airspace because, for the first time in the history of air law, measures are taken to protect the health of the resident population on a global scale.
COVID-19, closure of airspace, national reflexes, sovereignty, European positions
The UK Perspective on Informed Consent in Commercial Space Travel
Authors: Simmonds LLB Alex 
Published: March 2022

The Space Industry Act 2018 imposes requirements that operators of spaceflight activities obtain informed consent from individuals taking part in spaceflight activities. The Act contains no further guidance on this matter other than an indication that regulations will determine the ultimate scope of this provision. Is the definition of ‘informed consent’ within the spaceflight context to be synonymous with ‘informed consent’ in the English Medical Law context? If so, these contrasting regimes are likely to be incompatible in terms of their goal and purpose. Moreover, the United States regime, if roughly copied or imported wholesale would likewise be at odds with the position in English Medical Law. Furthermore, the present law on warnings in the context of Occupiers Liability and the rules relating to participation in dangerous sporting activities may serve to negate consent in any case, regardless of how well-intentioned or balanced the ultimate regime may prove to be. The logical position for the UK regulator (or legislator) would be to create a fresh regime of informed consent for commercial spaceflight purposes which falls categorically outside the medical law context.
Law, Space, Spaceflight, Tourism, Consent