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VIRTUAL COURSE

International Aviation Law & Policy - Comprehensive

Introduction

This 4 day course is an expanded version of the regular 2,5 day course. It explains the system of international civil aviation from how it developed to what it is today.

The course describes the present responsibilities and activities of national governments (on behalf of their national airlines), of ICAO and, in particular of the European Union in the field of international aviation. It reviews in some detail the relevant laws/regulations, policies and practices of the stakeholders concerned.

Particular attention is paid to the Chicago Convention, the role of ICAO and a review of the liability conventions it helped to develop. An analysis of the system and contents of bilateral agreements, US initiatives to modernize the economic regulation of international air transport (Open Skies) and its approach to airline alliances and, finally, the ambitious and wide-ranging regulatory and policy actions of the EU, including the landmark EU - US air transport agreement, will be addressed.

Please note that this course deals primarily with the economic regulation of international air transport; it does not address operational/safety/licensing and/or other technical regulations or procedures.

DAY 1

 

Part I The Chicago Convention System

a. The Chicago Convention of 1944:

  • Background & rationale
  • Main purposes & principles
  • System & overview of important provisions (incl. main Annexes)

b. ICAO – today’s tasks & responsibilities:

  • Safety incl. Liability (Warsaw/Montreal system and Rome +) Conventions
  • Security
  • Environment
  • Other

c. Economic regulation of international air transport:

  • Chicago Convention provisions
  • Multilateral Transit Agreement
  • Multilateral ‘Five Freedoms’ Agreement
  • The bilateral system

 

Part II Bilateral air transport agreements – commercial, political & ‘technical’ aspects

  • Bermuda I Agreement – background & rationale
  • Standard bilateral - Review of main provisions
  • Special issue: National ownership & control
  • Consequences of bilateral system (competition/trade/M&A)

 

DAY 2

 

Part III EU (economic) regulation of air transport

  • Origin/background – ECAC – JAA - EASA
  • Eurocontrol
  • EU regulatory system (Treaty of Rome +)
  • Intra-EU liberalization
  • EU competition law: application to state aid, mergers & acquisitions
  • Passenger rights, price transparency, ‘blacklisting’

 

DAY 3

 

PART III EU (economic) regulation of air transport (cont’d)

  • Airport package (slots, ground handling, charges)
  • Emission trading system (ETS) & aviation (time-permitting)

 

Part IV US deregulation

  • Open Skies 1992
  • International alliances & antitrust law
  • Standard Open Skies agreement – review of main provisions
  • Recent developments (e.g. MALIAT, M&A, ’metal neutrality’)

 

DAY 4

 

Part V EU aviation relations with 3rd countries

  • 2002 Open Skies judgment of the European Court & Commission follow-up
  • EU – US 1st stage Air Transport Agreement 2007 + Protocol 2010 – review of main provisions
  • Horizontal agreements
  • EU and member States – coordination of external relations/negotiations
  • Other EU ‘comprehensive agreements’
  • ECAA, Euromed & other (groups of) countries – promotion/adoption of EU ‘aviation acquis’

 

(optional) test/exam

Course Content

After completion of the course the successful participant should have a clear understanding of the way in which the regulatory system of international civil aviation has developed to what it is today, of the roles and responsibilities of the stakeholders, such as national governments, airlines, international organizations (ICAO, EU) and airports, of the background and contents of bilateral and multilateral air transport agreements, and of relevant regulatory activities of ICAO and the EU.

The participant will also have a clear idea of the application of antitrust law (US) and competition law (EU) to international air transport, in particular alliances & mergers, and of the EU regulations, policies and practices in the field of passenger rights, slots etc. and, finally, of EU agreements & relations with 3rd countries, in particular with the US.

Learning Objectives

After completion of the course the successful participant should have a clear understanding of the way in which the regulatory system of international civil aviation has developed to what it is today, of the roles and responsibilities of the stakeholders, such as national governments, airlines, international organizations (ICAO, EU) and airports, of the background and contents of bilateral and multilateral air transport agreements, and of relevant regulatory activities of ICAO and the EU.

The participant will also have a clear idea of the application of antitrust law (US) and competition law (EU) to international air transport, in particular alliances & mergers, and of the EU regulations, policies and practices in the field of passenger rights, slots etc. and, finally, of EU agreements & relations with 3rd countries, in particular with the US.

Who should take this course

Civil servants and (senior) managers of civil aviation administrations and airlines/airports with (future) responsibilities for – or interest in – regulatory or government & industry affairs and bilateral and multilateral aviation relations.

Pre-requisites

Essential:

(Some) practical experience in the field of international aviation and/or knowledge of international law/relations is desirable but not essential.