May 7, 2009
IALI Welcomes U.K. Transport Minister Geoff Hoon
On May 7, the International Aviation Law Institute was honored by the presence of UK Secretary of State for Transport Geoff Hoon and a group of his associates for a free-ranging discussion of the future of international air transport liberalization. Accompanying the Secretary of State were HM Consul General James Clark; Tim Figures, Private Secretary, UK Department for Transport; Francis Morgan, Head of International Aviation and Safety, UK Department for Transport; Joanna Millington, Press Officer, UK Department for Transport; David Leam, Special Adviser, UK Department for Transport; and Jonathan Daniel, Press and Public Affairs Officer, British Consulate-General, Chicago.
Secretary of State Hoon, who spoke earlier this week to the International Aviation Club in Washington, D.C., on U.S./EC aviation relations, shared his thoughts with the Institute on how the United States can work with its European partners to establish a sustainable policy for aviation carbon emissions. While optimistic that the Obama Administration is open to a cap-and-trade system comparable to the EC's Emissions Trading Scheme, Mr. Hoon recognized that progress on the issue has thus far been slow. Further discussion took place on certain protectionist elements of the pending 2009 FAA Reauthorization Act that may adversely impact the ongoing negotiations for a second stage U.S./EC Air Transport Agreement. Institute Director Brian F. Havel, whose recently published book, Beyond Open Skies: A New Regime for International Aviation, proposes an authentic globalization of the air transport industry within the framework of the U.S./EC Agreement, indicated that the worldwide economic crisis must abate before foreign ownership caps and cabotage will be dismantled. In his view, protectionist impulses will fill a vacuum in U.S. aviation policy at least until we learn how the Obama Administration will approach air transport issues.
At the end of the discussion, Professor Havel presented a copy of his new book to Mr. Hoon. For the full text of the Secretary of State’s Washington speech, blog readers may consult the website of the UK Foreign & Commonwealth Office here.
The International Aviation Law Institute expresses it appreciation to the Secretary of State and his associates, as well as to the office of the UK Consul General in Chicago, for arranging and participating in this timely exchange on the leading international issues affecting aviation law and policy.
May 6, 2009
The Politics of Change
Airneth, a worldwide scientific network for aviation research and policy, has posted a new column from Professor Brian F. Havel on its website. Entitled "The Politics of Change: Prospects for the Second Stage of U.S./EC Air Services Negotiations," the piece "offer[s] some broad observations on some of the political challenges to globalizing the world's most visible service industry."
UK Transport Secretary Hoon on U.S./EC Aviation Relations
The United Kingdom's Secretary of State for Transport Geoff Hoon spoke at the International Aviation Club in Washington, D.C. yesterday. In his remarks (available online here), Hoon outlined a three-step process for progress to be made in U.S./EC aeropolitical relations:
Step one is a commitment to complete stage two of the EU/U.S. Open Skies negotiations by June 2010, with the headline objective of liberalising all foreign ownership in airlines to give European and American air carriers a bigger home market and the ability to operate like any other competitive international company;
Step two is a commitment to enhance open markets in aerospace products and related services, ending the talk of banning the use of foreign maintenance facilities and allowing a long awaited mutual recognition agreement between the EU and U.S. to come into force;
Step three is an agreement between the EU and U.S. on a clear approach to climate change in aviation, involving new fuel efficiency standards and meaningful global emissions goals.
Further comment on Secretary Hoon's remarks will be forthcoming on the blog.
EC/Canada Agreement Q&A Up Online
Readers of the blog may be intrested to read the European Union's new press release on the EC/Canada Air Transport Agreement which is set to be marked during their ongoing summit in Prague, Czech Republic. As discussed on the blog previously, the Agreement envisions an eventual (although highly contingent) lifting of foreign ownership and control restrictions. The Q&A also contains a brief comparison between the Canadian Agreement and the U.S./EC Agreement which came into effect last year. It will be interesting to see what (if any) impact this thrust toward liberalization between two of the U.S.'s longstanding trading partners on its second stage negotiations with the EC.
May 5, 2009
Issues in Aviation Law and Policy Volume 8, Number 2 Preview
The Spring issue of Volume 8 of Issues in Aviation Law and Policy (IALP) will be back from the printer and ready to send out to subscribers soon. For those unfamiliar with the journal's history, IALP was formerly published by CCH/Wolters Kluwer since April 2001 in looseleaf format. Beginning with Volume 8, the journal is being produced under the auspices of the International Aviation Law Institute in a more portable and readable perfect-bound format. What has not changed is the core concept which animated the launch of IALP eight years ago: to present articles and commentaries by leading policymakers, officials, analysts, academics, and industry leaders who have the experience and expertise to brief readers on the challenges confronting global civil aviation today and in the future. Articles from the forthcoming issue include:
- Brian F. Havel, Commentary, In Praise of Law's Cosmos: Reflections on the Entreprenurial Spirit in Aviation Law and Policy
- Pablo M. J. Mendes de Leon, A Tour d'Horizon of Contemporary Issues in Air and Space Law
- Martin Staniland, Air Transport and the EU's Emissions Trading Scheme: Issues and Arguments
- Vincent J. Power, Ryanair v. European Commission: The European Court of First Instance's Judgment on Alleged State Aid at Charleroi Airport
- Robbert van der Vliet, Europe's Take on Interlining - I: Multilateral Interlining and EU Competition Law
- David E. Rapoport & Michael L. Teich, The Pre-Abdullah Consensus that Federal Law Does Not Preempt the Field of Aviation Safety in Tort Cases Should Remain the Law
- Joseph Z. Fleming, The Application of U.S. Labor and Employment Laws to Airlines: Regulating the Global Labor and Employment Affairs of Airlines in a World That is Flat