Friday, May 31, 2013
Friday Link Roundup
In case you've missed anything, here are the top aviation policy developments from the past few days:
- Following Qatar's abandoned effort to seize ICAO hosting responsibilities from Canada, ICAO formally committed to keeping its headquarters in Montreal through 2036.
- India is preparing new rules that will allow pilots to nap on longer flights.
- IATA plans to present an industry-supported proposal for aviation emissions reduction at next week's World Air Transport Summit.
- Ryanair, having been thwarted in repeated attempts to acquire control of Aer Lingus, may now be forced to sell its minority stake following a ruling by the UK Competition Commission.
- Heathrow officials are planning a variety of measures to combat airport noise, including publishing rankings of the noisiest operators, increasing noise-related fines, making changes to operating procedures and adjusting the level of noise compensation for nearby residents. It is hoped that these noise mitigation efforts will help win support for the construction of a third runway.
Thursday, May 30, 2013
Spring 2013 Issue of IALP Available
The Volume 12, Spring 2013 issue of the International Aviation Law Institutes's journal, Issues in Aviation Law and Policy (IALP), will be available next week. The following articles will appear in the issue:
- Jeremias Prassl, The European Union and the Montreal Convention: A New Analytical Framework
- Charlotte Thijssen, The Montreal Convention, EU Regulation 261/2004, and the Sturgeon Doctrine: How to Reconcile the Three?
- Zhyldyz Tegizbekova, Legal Analysis of Current National Air Law of the Kyrgyz Republic: Loopholes and Perspectives of Liberalization of the Air Market
- Jeremy Straub, John Nordlie and Ernest Anderson, A Need for Operating Standards in the Academic and Research High Altitude Balloon Community
- Miglena Rahova, Remedies in Merger Cases in the Aviation Sector: Developments in the European Commission's Approach
- Thomas Robert Wangard, Solve the Problem with Non-Citizen Trusts: Do Away with Citizenship Requirements for Aircraft Registration in the United States
- Jose Ignacio Garcia-Arboleda, Airport Slot Regulation in Latin America: Between Building the Fortress and Protecting the Newcomers
- Jason P. Brown, Storm Brewing: How Rejections by Foreign Courts of Forum Non Conveniens Dismissals by U.S. Courts May Disrupt International Efforts to Achieve Uniformity and Predictability in Jurisdictional Rules
Blog readers interested in subscribing to IALP, ordering back issues, or perusing a list of published articles may do so at the Institutes's website here.
Friday, May 24, 2013
Friday Link Roundup
News of note before beginning your Memorial Day weekend:
- Qatar appears to have backed off its attempt to lure ICAO headquarters away from Canada.
- The European Commission has accepted the conditions proposed by Lufthansa, Air Canada and United for operation of the New York-Frankfurt route as part of their larger joint venture.
- Nigeria's Federal Executive Council has approved a new national policy on civil aviation intended to bring the country's safety regulation better in line with ICAO standards.
- Meanwhile, Australia's aviation safety agencies were harshly criticized in a senate committee report that could prompt the government to make changes.
Thursday, May 23, 2013
Progess is Slow in ICAO Emissions Talks
A report from Reuters last weekend indicated that ICAO-led discussions do not appear to be on track to resolve the question of how to regulate international aviation carbon emissions by this fall as hoped. It's long been understood that a plan is unlikely to be voted on and adopted this year, but it was hoped that ICAO members would have at least coalesced around a single recommendation. Such progress would likely be enough that EU officials would delay reinstatement of the EU ETS to international air carriers. But Reuters' analysis suggests that unless considerably more progress is made during the second half of this year, the EU is likely to be unimpressed with the state of talks and forced to make a difficult decision whether to extend its one year moratorium. A USA Today story earlier today suggests that EU officials are aware they may have to settle for less progress than initially hoped, conceding that there is unlikely to be a vote on a proposal before the 2016 ICAO Assembly.
According to Reuters, the U.S. is pushing for a scheme that places each State in charge of regulation over its own airspace. This approach would align with the traditional delineation of regulatory responsibilities under international aviation law and address the most prominent concerns raised by the EU's partially extraterritorial approach. Such a solution would be a blow to those hoping for a cross-border precedent upon which future climate change regulations could be based.
Wednesday, May 22, 2013
Futurism, Technological Change and Air Space RegulationWhen teaching international aviation law, one of the themes I like to introduce early in the semester is the interaction between technology and law. How does society and the state respond to disruptive technological change? Given the relatively recent invention of air passenger transport and the even shorter history of the modern international aviation law system, it is possible to provide the students with a fair overview of how aviation regulation has evolved from its infancy to present day without absorbing too much lecture time. I try to return to the theme whenever appropriate throughout the semester, highlighting for instance the relationship between the invention of the jet engine and the subsequent desire for noise regulation. Until now, post-WWII technological changes in aviation have failed to provide the excitement I associate with those early philosophical debates over the "freedom of the skies" and the need to crafting a legal regime for an entirely new mode of transport. I wonder if that may be changing though, as all of this was brought to mind by a few recent articles I read that call attention to technological changes on the verge of upsetting the industry, and in particular, the regulatory structure governing it. The coming decade will require dedicated work from scholars, regulators and industry to properly incorporate these changes into the existing legal system.
Tuesday, May 21, 2013
U.S. Supreme Court to Revisit Field Preemption in AviationThe United States Supreme Court has granted certiorari in the case of Northwest Airlines v. Ginsberg.The plaintiffs allege that Northwest Airlines committed a breach of contract under Minnesota state law when the airline expelled the plaintiffs from its frequent flyer program. The main question at issue for the Supreme Court will be whether the Airline Deregulation Act preempts state law regarding pricing or service. The case will be heard sometime after the next term begins in October.
Friday, May 17, 2013
Friday Link Roundup
There was quite a bit of noteworthy aviation law news late this week, so we thought we'd provide a list of links below.
- Though the EU has pressed the pause button on parts of its aviation emissions regulation, it is considering assessing fines on Indian and Chinese carriers that have refused to comply with monitoring requirements and never submitted permits for 2012 emissions.
- EU officials are also reportedly hoping the United States will back them in this dispute.
- The European Commission has approved the rescue loan Poland gave LOT in December.
- The New Zealand government gave its approval to the Qantas-Emirates alliance.
Thursday, May 16, 2013
Michael Whitaker Selected for FAA Post
We'd like to congratulate Michael G. Whitaker, past advisory board member and long-time friend of the International Aviation Law Institute, who will be appointed by President Obama to become Deputy Administrator of the Federal Aviation Administration. Mr. Whitaker was with Trans World Airlines from 1991 to 1994, before spending 15 years with United Airlines, rising to the level of Senior Vice President for Alliances, International, and Regulatory Affairs. Prior to this appointment, he had been working with InterGlobe Enterprises. He should prove to be an excellent appointment.