The book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics.
From early 2020 for a period of two years at the end of which this book was written, air transport suffered unprecedented setbacks due to the COVID-19 pandemic. Although the pandemic may eventually fizzle out into another flu like occurrence, the restraint with which air transport services were offered would remain with us for a while with some practices being sustained, particularly those pertaining to public health. One of the main areas of air transport that was and will be affected significantly by the changed circumstances - is facilitation – a subject that is regulated by the Chicago Convention of 1944 and its Annex 9. This book looks in depth at the Annex as it will be applied in a post pandemic world, against its legal, socio-political, and economic impacts, addressing the Standards of the Annex on clearance of aircraft; entry and departure of passengers; and the carriage of cargo. It also discusses some critical aviation events in 2020 and 2021 that occurred as they relate to facilitation of air transport. Some of the key areas discussed are the role of ICAO; issues of public health as they relate to air transport; security of travel documents; smuggling of persons; digital technology and rights of the passenger; unruly passengers; carriage of disabled passengers; relief flights and repatriation flights; and facilities at airports.
Research Paper (postgraduate) from the year 2020 in the subject Law - Miscellaneous, grade: A, Columbia International University, course: Aviation, language: English, abstract: In March of this year, the WHO and ICAO issued a joint statement containing updated recommendations on COVID-19 and civil aviation. This document reaffirms the commitment of these specialized UN agencies to expand international cooperation to curb the spread of the virus and protect the health of passengers. The statement notes the importance of States complying with ICAO and WHO standards related to the prevention of the spread of infectious diseases and the International Health Regulations (Reed para. 3-5). ICAO has issued two e-newsletters and one letter to member-states urging states-member to abide WHO recommendations and instructions. The ICAO letter to member states explicitly calls governments to implement the relevant provisions of Appendix 9 to the Convention on International Civil Aviation (Chicago Convention), apply for CAPSCA membership, increase funding for outbreak response and establish a national air traffic facilitation transportation committee. However, simplification of formalities does not mean restriction of the legal rights of passengers which in fact is introduced around the world.
Against the backdrop of enormous technological strides, this book argues that the air transport industry must be constantly vigilant in its efforts to employ a legal regime that is applicable to the aeronautical and human aspects of the carriage by air of persons and goods. In this regard, safety and security are of the utmost importance, both in terms of safe air navigation and the preservation of human life. Although the International Civil Aviation Organization (ICAO) addresses legal issues through its Legal Committee, many emerging issues that urgently require attention lie outside the Committee’s purview. This book analyzes in detail the items being considered by ICAO’s Legal Committee, considers the legal nature of ICAO, and discusses whether or not ICAO’s scope should be extended. Since the limited issues currently addressed by ICAO do not reflect the rapidly changing realities of air transport, the book also covers a broad range of key issues outside the parameters set by ICAO, such as: the need to teach air law to a new generation of aviation professionals; combating cyber-crime and cyber-terrorism; the regulation of artificial intelligence; traveller identification; interference with air navigation; human trafficking; unruly passengers; climate change; air carrier liability for passenger death or injury; Remotely Piloted Aircraft Systems (drones); and the cabin crew and their legal implications.
All of the topics discussed in this book – from sovereignty to cybercrime, and from drones to the identification of passengers & privacy – are profoundly affected by algorithms; so are air traffic services and aeronautical communications. All of these aviation-related aspects are addressed in a 75-year-old treaty called the Chicago Convention and its Annexes, which, as this book argues, needs to be reviewed with a focus on its relevance and applicability in connection with Moore’s Law, which posits that transistors in computer microchips double in speed, power and performance every two years, while the cost of computers is halved during the same period. Firstly, in terms of traditional territorial sovereignty, we have arrived at a point where there is a concept of data sovereignty and ownership that raises issues of privacy. Data transmission becomes ambivalent in terms of territorial sovereignty, and the Westphalian model may not be the perfect answer. Whether it be the manufacture of airplanes, the transfer of data on individuals, or the transmission of aeronautical and telecommunications information – all have to be carried out in accordance with the same fundamental principle: duty of care. Against the backdrop of the relevant provisions of the Chicago Convention and its Annexes, the detailed analysis presented here covers key areas such as: megatrends; AI and international law in the digital age; blockchain and aviation; drones; aviation and telecommunications; aviation and the Internet; cybersecurity; and digital identification of passengers & privacy. In turn, the book suggests how we can best manage this transition.
"Air Law and Policy" addresses cutting-edge issues in aviation through the interpretation of provisions of the Convention on International Civil Aviation signed at Chicago on 7 December 1944. Among the issues legally analysed are sovereignty in air space, the distinct status and functions of civil and state aircraft, competition in air transport and current trends in facilitation and security. It also examines the various nuances of language used in the Chicago Convention while addressing key issues that spring up with the application of the convention. The status of the International Civil Aviation Organization, the relevance to the organizationas work of crises such as SARS, avian flu and third-party war risk insurance as well as issues with regard to the liberalization of air transport and E-ticketing are some subjects discussed. There is also a discussion on the proposed open skies dialogue between Europe and the United States and competition in air transport. Finally certain fields of space law as they impact air law and policy, such as space tourism, suborbital flights and the provision of air navigation services through satellite networks are discussed.
The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace; the distinction between State and civil aircraft; dispute settlement in international civil aviation; economic regulation of international air transport services, including the establishment of air services agreements; inter-airline cooperation in the context of competition law regimes; liability of the various service providers, in particular airlines, and related insurance coverage; the promotion of safety standards; criminal acts affecting the safety of aviation; the role of international and regional organisations with particular reference to that of the European Union; liability of the aircraft manufacturer for equipment; and financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.
Once a byword for the economic power of national government - with competition strictly regulated - European commercial aviation has now virtually become a market without state-imposed anticompetitive restrictions. Although intended to enhance competition, this situation has in fact driven airlines to form massive global alliances cartels that offer ever-shrinking benefits to the consumer. In this extraordinarily thorough, blow-by-blow analysis of how this happened ? or was allowed to happen ? one of the world?s most eminent aviation law authorities explores the subject with a lucid insight fully informed by historical breadth and a keen appreciation of current pressures. Commercial aviation emerges as the crucible par excellence of the convergence of prevailing global ideology, economics, and international law. Among the numerous interrelated topics investigated in depth by Professor Dempsey, the following may be mentioned: the principal actors, including scores of airlines, the European Union, and a number of air transport associations; the labyrinth of bilateral air transport agreements; the relevance of the Treaty of Rome?s competition rules and the EU merger regulations to air transport; the important Court of Justice cases that circumscribed the zone of application in which the competition rules can regulate air transport: French Seamen?s Case, Transport Policy Decision, Olympic Airway, Nouvelles Fronti?res, Ahmed Saeed, and the 2002 `Open Skies? Decision; the 1991 U.S.-EC agreement regarding the application of competition laws; the sequence of EU aviation regulatory `packages?; regulation of non-economic issues (air traffic congestion, noise limitations, air carrier liability, civil aviation accident/incident investigations, denied boarding compensation); the effect of the U.S. government?s increasing invocation of antitrust immunity; computer reservation systems (especially code-sharing procedures); jointly-owned web sites for ticket sales and other e-commerce joint ventures; frequent flyer program alliances; and the emergence of global megacarriers. The author?s presentation emphasizes the regulatory constructs that currently affect the European air transport market: pricing and tariffs, pooling of revenue, market access (licensing, capacity limits, traffic rights, slot allocation), ground handlings, cargo services, state aid, and the power of the EU to act on the commercial aviation world stage for Member States. Each of these areas of analysis begins with an overview of the general regulatory environment for that area followed by a detailed chronological delineation of relevant packages, proposals, resolutions, and regulations. Because of the enormous role played by international air transport with respect to gross national product, employment, and energy consumption, European Aviation Law is of great importance not only to European lawyers but to officials, policymakers, practitioners, and academics in a number of relevant fields worldwide.
'Beyond Open Skies' offers a systematic comparative analysis of the legal and policy dimensions of airline deregulation by federal fiat in the United States and by supranational collaboration in the European Union. The book draws upon a variety of sources, including very recent developments in U.S. and EC international aviation law, policy, and diplomacy, to propose a genuine multilateral air transport system. It examines the potential of the 'open skies' initiative, in the aftermath of the new U.S./EC air transport agreement, to inspire a genuine globalization of the world's air transport industry in such crucial aspects as the following: cabotage; ownership and citizenship requirements; route selection; airline identity; capacity; pricing regimes; competition and public aid; regulatory harmonization; labor laws; provisions for charter and/or cargo transportation; fair operation of and access to computer reservations systems; authorization of code-sharing arrangements; alliances and antitrust immunity; and dispute resolution.
