- Research Article
- 10.54648/aila2025056
- Nov 1, 2025
- Air and Space Law
- Nilgun Ozgur
This report summarizes the key themes and discussions from the 2024 Symposium on Assistance to Aircraft Accident Victims and their families, held in Haarlem, Netherlands. The symposium brought together international aviation stakeholders to focus on enhancing support mechanisms for victims and their families through the improved implementation of International Civil Aviation Organization (ICAO) provisions. The topics discussed included global best practices, regulatory compliance, the role of civil society, and the impact of emerging technologies. It also emphasizes ICAO’s leadership in promoting global cooperation and accountability in civil aviation governance.
- Research Article
- 10.54648/aila2025054
- Nov 1, 2025
- Air and Space Law
- Mason Stott
The United Nations (UN) developed five multilateral space law treaties in the 1960s and 1970s as access to space, space exploration, and space exploitation were beginning to develop. Now, fifty years later, the principles of these treaties still influence space activities for all states. The author of this article contends that the treaties can be used as a ‘guide’ and ‘foundation’ for developing domestic legislation. The treaties promulgate important principles for the exploration and use of outer space, which have likely attained the status of customary international law. Particularly for orbital rocketry, this is a developing type of activity for Canada, as no orbital launch has ever occurred from Canada, and presents a new opportunity to regulate and govern effectively. The treaties contain aspects for legislative drafters, policy analysts, and politicians to consider when developing domestic space governing legislative schemes. A Canadian approach could serve as a model for other nations considering developing national space legislation.
- Research Article
- 10.54648/aila2025057
- Nov 1, 2025
- Air and Space Law
- Lesley Jane Smith
- Research Article
- 10.54648/aila2025055
- Nov 1, 2025
- Air and Space Law
- Sofia Mateou + 1 more
From 1 January to 31 July 2025, there have been several new court decisions concerning air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of the European Union (CJEU) that have shed light on the interpretation of EU Regulation No 261/2004 and the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention 1999). The second part presents a non-exhaustive overview of selected significant rulings from non-EU countries. In the case NW, YS v. Qatar Airways, the Court clarified that passengers travelling under promotional fares remain entitled to rerouting under Regulation 261/2004 even long after the original cancellation, and airlines cannot refuse rerouting solely because tickets were obtained through special promotions. In Flightright GmbH v. Etihad Airways, the Court confirmed that passengers are entitled to reimbursement in cash unless they give clear and explicit consent to accept vouchers, and mere registration in a loyalty programme is insufficient. In M1.R., M2.R. v. AAA sp. z o.o., the Court ruled that passengers on package tours or third-party financed trips are entitled to compensation under the Regulation if they hold a boarding pass and a confirmed reservation, regardless of whether they travelled free of charge or on a reduced fare. In AD (a passenger) v. Iberia Líneas Aéreas de España, the Court held that a passenger may validly submit a protest for delayed baggage under the Montreal Convention at any time after discovering the delay and within the twenty-one-day period, including before the baggage is delivered. In Union des consommateurs and Silas v. Air Canada, the Québec Court of Appeal imposed over ten million Canadian Dollars (CAD) in punitive damages for misleading ‘drip pricing’. In Keung v. WestJet Airlines Ltd., the Civil Resolution Tribunal of British Columbia dismissed a delay-compensation claim, holding that parent companies are not automatically liable for subsidiaries. In Air Passenger Rights v. WestJet Airlines Ltd., the Supreme Court of British Columbia enjoined WestJet from posting fixed hotel and meal reimbursement limits. In WestJet v. Gauthier, the British Columbia Court of Appeal confirmed that passengers with disabilities may pursue provincial consumer law claims for extra-seat charges on international flights.
- Research Article
- 10.54648/aila2025053
- Nov 1, 2025
- Air and Space Law
- Ze Yuan
Currently in China, there is unpredictability as to whether creditors can promptly repossess aircraft in the event of debtor default in accordance with Article 13 of the Convention on International Interests in Mobile Equipment (‘Cape Town Convention’ or ‘CTC’). There are also obstacles to creditors procuring aircraft deregistration through the irrevocable deregistration and export request authorization (IDERA) route of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Aircraft Protocol). Recommendations: (1) formulate a judicial interpretation of Article 13 of CTC to clarify the difference between Article 13 as a special advance remedy and the interim relief remedies provided in Chinese domestic law; and (2) amend the procedural rules promulgated by the Civil Aviation Administration of China (CAAC) in relation to the IDERA. These practices will further promote the implementation of the CTC and the Aircraft Protocol and ensure that creditors can promptly repossess and deregister aircraft in the event of debtor default.
- Research Article
- 10.54648/aila2025058
- Nov 1, 2025
- Air and Space Law
- Rebecca Connolly + 1 more
With the increased military significance of space-based capabilities, the line between military and civilian space assets is becoming increasingly blurred. As the international community deliberates on the legal framework for safe operations in space, this ‘dual-use’ dilemma presents unique challenges. It is critical to ensure the responsible and sustainable use of outer space through a coordinated approach to the conduct of space operations. As congestion in space grows, there is pressure for states to secure their military (including dual-use) space assets from both deliberate and unintentional threats. However, government strategies relating to space security and space safety may have opposing underlying approaches. This article will consider how dual-use space assets pose a challenge for the balancing of national security objectives against the need for global cooperation to create a space rules framework. In balancing these objectives, it is also necessary for states to consider the concerns of private satellite operators, whose commercial activities are increasingly affected by evolving security postures. It will also explore whether the development of norms for behaviour in space operations, space traffic management (STM) and critical infrastructure protection could be utilized as a critical tool for enhancing space security. By examining how principles for satellite operations, collision avoidance and restrictive zones can reduce the risk of accidents and intentional interference, this article highlights the role of space safety norms in preventing conflicts and promoting stability in outer space.
- Research Article
- 10.54648/aila2025052
- Nov 1, 2025
- Air and Space Law
- Kateryna Vodolaskova + 1 more
The increasing integration of Unmanned Aircraft Systems, drones, into European airspace presents complex legal and operational challenges for airport safety and security. This article examines the evolving regulatory landscape governing UAS operations within controlled aerodrome airspace through a layered analysis of European Union (EU) law, national legal frameworks, and relevant jurisprudence. While EU Regulations (EU) 2019/947 and (EU) 2021/ 664 have established foundational standards, the study argues that significant legal gaps and enforcement challenges persist, particularly concerning the specific responsibilities and liabilities of airport operators. Through comparative case studies of major European airports (Frankfurt/ Main, Gatwick, Warsaw, Madrid, and selected Ukrainian cases), the article highlights inconsistencies in national implementation, the fragmented interface between safety and security protocols, and the legal ambiguities surrounding counter-UAS (C-UAS) technologies. It further explores the role of non-binding soft law instruments in shaping operational best practices amidst these challenges. Ultimately, the research underscores the necessity of harmonizing hard and soft law instruments and formally integrating airport stakeholders into regulatory processes to ensure coherent, accountable, and resilient legal governance of UAS in the highly sensitive environment of airport operations.
- Research Article
- 10.54648/aila2025051
- Sep 1, 2025
- Air and Space Law
- Regula Dettling-Ott
International air transport traditionally regulated market access with limiting destinations and frequencies for designated airlines. Liberalized air transport agreement namely between the EU and third countries waive such limitations and aim to establish a level playing field by a comprehensive fair competition clause, namely limiting subsidies. Expereience shows that it is very difficult to apply and enforce such clauses. The article discusses options to improve this shortcoming.
- Research Article
- 10.54648/aila2025031
- Jul 1, 2025
- Air and Space Law
- Pieter Huizing + 2 more
From 1 March 2024 to 28 February 2025, the aviation and space sectors have witnessed significant developments. The European Commission maintained its rigorous scrutiny of airline mergers, approving the Lufthansa/Italia Trasporto Aereo (ITA) Airways and Korean Air/ Asiana transactions only after imposing remedies, while the International Airlines Group (IAG)/Air Europa merger was ultimately abandoned due to unresolved competition concerns. The period also saw a continued stream of State aid decisions, with the Commission approving aid to many airlines and airports. Several Commission decisions were subject to legal challenge, most notably by Ryanair, resulting in a number of General Court and Court of Justice rulings.
- Research Article
- 10.54648/aila2025028
- Jul 1, 2025
- Air and Space Law
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