KluwerLawOnline.com - Air and Space Law http://www.kluwerlawonline.com/toc.php?pubcode=aila en-gb Tue, 18 Jun 2013 21:00:06 -0500 Tue, 18 Jun 2013 21:00:06 -0500 http://www.rssboard.org/rss-specification The Long Arm of the DOT: The Regulation of Foreign Air Carriers Beyond US Borders http://www.kluwerlawonline.com/AILA2013015 Air and Space Law The European Union's plan to include foreign air carriers in its Emissions Trading Scheme (ETS) attracted considerable opposition based upon the ground of extraterritoriality, but it certainly was not the first effort to regulate air transportation beyond national borders. Notably, the United States - one of the most vigorous opponents of the application of ETS to its own air carriers - has a long history of imposing extraterritorial requirements on carriers from other nations. Although many of these proposals previously have been analyzed on an ad hoc basis, there has not been a comprehensive overview of them and their implications. This article contends that, post-deregulation, such proposals have become more common, even while the consequences of extraterritorial regulation may not have been fully considered. In recent years, Congress and Department of Transportation (DOT) often have proposed extraterritorial aviation obligations; the Federal Aviation Administration (FAA), by contrast, has been more restrained in its approach, although it also has proposed requirements that would reach beyond US borders. In some cases, statutes and regulations have been limited or withdrawn based on extraterritorial concerns, but in others, they have been adopted despite objections from foreign carriers and governments. As a consequence, the United States is now potentially vulnerable to accusations of inconsistency in its opposition to foreign proposals that would have the effect of regulating US-flag carriers.

  • Content Type Journal Article
  • Part of Volume 38, Issue 3
  • Authors
    • Jol A. Silversmith, Partner, Zuckert, Scoutt & Rasenberger, LLP, Washington.
  • Journal Air and Space Law
  • Online ISSN 0927-3379
  • Print ISSN 0927-3379
]]> Tue, 30 Apr 2013 12:00:00 +0000 http://www.kluwerlawonline.com/AILA2013015 How Many Engines on a Boeing 737? An Analysis of Accession Rules in Relation to Aircraft Engines http://www.kluwerlawonline.com/AILA2013016 Air and Space Law Accession rules based on or similar to Article XVI of the 1948 Geneva Convention still affect the position of aircraft engine lessors and financiers. There is further uncertainty caused by the different conflict of laws rules in relation to aircraft, i.e. the lex situs, the lex registri and the lex actus. The outcome of a dispute regarding the title to an aircraft engine may depend on the rules of private international law of the lex fora. The status of an aircraft engine will be assessed differently if the dispute is brought before an English court (applying the lex situs), a US court (applying the lex actus) or a Dutch court (applying the lex registri). In addition, the different treatment of aircraft engines under the 1948 Geneva Convention and the Cape Town Convention (CTC) respectively underlines the potential problems for engine lessors and financiers. In this publication, the author examines and analyses accession rules, the main conflict of laws rules and the undesirable implications of the absence of a uniform body of rules regarding the property regime for aircraft.

  • Content Type Journal Article
  • Part of Volume 38, Issue 3
  • Authors
    • Berend Crans, Partner/shareholder at De Brauw Blackstone Westbroek N.V., Amsterdam.
  • Journal Air and Space Law
  • Online ISSN 0927-3379
  • Print ISSN 0927-3379
]]> Tue, 30 Apr 2013 12:00:00 +0000 http://www.kluwerlawonline.com/AILA2013016 Aviation Product Liability: Could Air Carriers Face their ‘Life and Limb’ being Placed in Peril for the Exclusivity of the Montreal Convention? http://www.kluwerlawonline.com/AILA2013017 Air and Space Law Over the past five decades, product liability law in the US and EU has evolved into a sustainable system of recoveries for injured claimants, mainly for its incorporated strict liability concept, providing for the consumer benefits. This article discusses product liability regimes in the US and EU, where the two main aircraft manufacturers are based.

In light of the development of product liability law in aviation, the author analyses the relation between the two sets of law i.e. the product liability regimes of the jurisdictions mentioned and the Montreal Convention, as the exclusivity principle laid down in this Convention sheds a different light on this relationship. In examining the above subject, one can see that aviation product liability regimes may also concern the position of air carriers under the Montreal Convention, 1999. Damages which are recoverable from airlines under the Montreal Convention may be different from, and may be legally differentiated from those which are available under product liability regimes. Hence, this article signals a tendency in EU States, including but not limited to civil law jurisdictions, pursuant to which claimants try to rely on the latter regime notwithstanding the exclusivity principle laid down in the Montreal Convention.

  • Content Type Journal Article
  • Part of Volume 38, Issue 3
  • Authors
    • Alexander Uroš Košenina, Aviation Solicitor (Ljubljana, Slovenia).
  • Journal Air and Space Law
  • Online ISSN 0927-3379
  • Print ISSN 0927-3379
]]> Tue, 30 Apr 2013 12:00:00 +0000 http://www.kluwerlawonline.com/AILA2013017 Report on the Fourth Air Finance Legal Seminar of the EALA http://www.kluwerlawonline.com/AILA2013018 Air and Space Law
  • Content Type Journal Article
  • Part of Volume 38, Issue 3
  • Authors
    • Alexander Uroš Košenina, Aviation Solicitor (Ljubljana, Slovenia).
  • Journal Air and Space Law
  • Online ISSN 0927-3379
  • Print ISSN 0927-3379
    • ]]>     Tue, 30 Apr 2013 12:00:00 +0000 http://www.kluwerlawonline.com/AILA2013018     Coming Events http://www.kluwerlawonline.com/AILA2013019 Air and Space Law
  • Content Type Journal Article
  • Part of Volume 38, Issue 3
  • Journal Air and Space Law
  • Online ISSN 0927-3379
  • Print ISSN 0927-3379
    • ]]>     Tue, 30 Apr 2013 12:00:00 +0000 http://www.kluwerlawonline.com/AILA2013019