Air Law Research Articles

Bibliography of Air Law 2009

Bibliography of Air Law 2009

Second International Air Law Moot Court – Dubai, 12–15 March 2011

Second International Air Law Moot Court – Dubai, 12–15 March 2011

Smoke-Free Air Laws and Secondhand Smoke Exposure Among Nonsmoking Youth

We investigated the association between smoke-free law coverage and cotinine among nonsmoking youth (3-19 years) with and without home secondhand smoke (SHS) exposure. We used data from the 1999-2006 National Health and Nutrition Examination Survey, a cross-sectional survey designed to monitor the health and nutritional status of the US population. Serum cotinine levels were available for 11 486 nonsmoking youth from 117 survey locations. Each location was categorized into 1 of 3 groups indicating extensive, limited, and no coverage by a smoke-free law. Cotinine was analyzed both as a dichotomous (> or =0.05 ng/mL) and as a continuous outcome. Among youth without home SHS exposure, those who were living in a county with extensive coverage of a smoke-free air law had an adjusted 0.61 times (95% confidence interval: 0.48-0.78) the prevalence of detectable cotinine and 0.57 (95% confidence interval: 0.41-0.79) times lower geometric mean compared with youth without a smoke-free air law. Among youth with home SHS exposure, youth with extensive coverage of a smoke-free air law had lower geometric mean cotinine compared with youth who were living in a county without a smoke-free air law, but these differences were no longer observed after adjustment for covariates. These results suggest that smoke-free laws are an effective strategy for reducing cotinine in youth without home SHS exposure; however, among youth with home SHS exposure, no benefit was detected.

Indoor smoking ordinances in workplaces and public places in Kansas

The purpose of this study was to investigate the preferences of elected city officials regarding the need for a statewide clean indoor air law and to analyze the content of local smoking ordinances. A survey of elected officials in 57 larger Kansas cities obtained information on the perceived need for statewide legislation, venues to be covered, and motivating factors. Clean indoor air ordinances from all Kansas cities were analyzed by venue. The survey response rate was 190 out of 377 (50.4%) for elected officials. Over 70% of the respondents favored or strongly favored greater restrictions on indoor smoking. Sixty percent favored statewide legislation. Among these, over 80% favored restrictions in health care facilities, theaters, indoor sports arenas (including bowling alleys), restaurants, shopping malls, lobbies, enclosed spaces in outdoor arenas, and hotel/motel rooms. Officials who had never smoked favored a more restrictive approach. Employee and public health concerns were cited as influential by 76%-79% of respondents. Thirty-eight ordinances, covering over half of the state's population, were examined. They varied considerably in their exemptions. Official's attitudes toward smoking regulations were associated with their smoking status. The examination of existing ordinances revealed a piecemeal approach to smoking regulations.

The First International Air Law Moot Court Competition – Delhi, India, 3–6 March 2010

The First International Air Law Moot Court Competition – Delhi, India, 3–6 March 2010

European Air Law Association: 7th Munich Liability Seminar – Liability and Claims Handling in the Air Transport and Aerospace Industries

European Air Law Association: 7th Munich Liability Seminar – Liability and Claims Handling in the Air Transport and Aerospace Industries

Report on the 21st Annual Conference of the European Air Law Association

Report on the 21st Annual Conference of the European Air Law Association

Disentangling the "Genuine Link": Enquiries in Sea, Air and Space Law

AbstractWhile the UN Convention on the Law of the Sea contains the requirement that there exist a genuine link between a ship and its flag State, neither what constitutes that link, nor the effect of its absence has been determined with unambiguous clarity. In addition, it must be enquired whether the genuine link is a requirement that concerns the opposability of the nationality, or the duties of the flag State once the nationality is conferred, or both. The fact that the genuine link as a requirement has not been singled out expressly in the relation between a State of registry and an aircraft or a space object calls for an analysis of the legal mechanisms in air law and space law in order to determine what meaningful connections are established between these means of transportation and States.

The ICAO Conventions on Liability for Third-Party Damage Caused by Aircraft

The adoption of two international treaties by International Civil Aviation Organization (ICAO) Member States in the first quarter of 2009 on the subject of liability for third-party damage caused by aircraft certainly filled a visible gap in the legislative structure pertaining to liability in air law. However, it remains to be seen whether these instruments will come into effect, given the numerous issues that were brought to bear by key stakeholders and interested parties, both before and during the diplomatic conference which resulted in the treaties. Academic and professional views from the members of the legal profession highlighted several perceived inadequacies and inequities of the treaties. The views expressed by certain States and regional blocks highlighted the redundancy of the instruments in the face of regional and national legislation that cover liability for third-party damage caused by aircraft. This article discusses in depth the features of the two treaties and analyses the issues that have been raised by interested parties.

Surveillance de la qualité de l’air en France: Outils, missions, avenir

As air quality has a direct impact on human health, its monitoring is imperative. In France, this task was entrusted by the government (Air Law of 1996) to organisations with territorial responsibility: the Registered Associations for the Surveillance of Air Quality. The type and level of pollution evolve: from industrial and sulphur pollution in the seventies, to urban and photochemical pollution today and to nanoparticles, pesticides and pollutants in buildings tomorrow. The tools, the skills and the roles of the different people involved in air quality control follow these sometimes rapid transitions in connection with an increasingly precise understanding of the relationship between health and the environment and of the considerable research on the subject. This article describes the mechanisms of air quality monitoring in France.

An Overview of the Slot Challenge in the U.S. And EU

This is a Panel Paper which was used in conjunction with the Airport Challenges: Young Lawyers Take a Strategic View panel held on Friday, September 25, 2009 as part of the ABA Forum on Air & Space Law Annual Meeting in Chicago, IL. It represents an original, ongoing (thus incomplete) analysis by the author on the issues of congestion and slot allocation at airports in the United States (U.S.) and European Union (EU). It is not, however, a finished work. Any reader wishing to use or cite from this Paper should first contact the author for permission. The Paper that follows first examines the meaning of slots and the legal definitions of the concept. It then offers a brief overview of slot control in the U.S. and offers a critical account of the Federal Aviation Administration’s aborted plan to establish slot auctions at three New York-area airports. A comparison with the slot control and allocation measures undertaken in the European Union follows. Finally, this Paper will close with some concluding thoughts on the challenge of using the slot concept to control capacity at airports on both sides of the Atlantic.

Bibliography of Air Law 2008

Bibliography of Air Law 2008

Evaluation of the Immediate Impact of the Washington, D.C., Smoke-Free Indoor Air Policy on Bar Employee Environmental Tobacco Smoke Exposure

On January 2, 2007, thw Washington, D. C., City Council banned smoking in restaurants and bars. We sought to determine the immediate impact of the ban on cotinine-confirmed environmental tobacco smoke (ETS) levels and respiratory symptom reports of a random sample of bar employees. We conducted an assessment of 66 employees from 41 randomly selected bars in December 2006, a month before the ban went into effect. After analyses of baseline data, 52 employees were eligible and 49 of them (94%) had a post-ban assessment in February 2007. Three participants were excluded due to high cotinine levels at the post-ban assessment, yielding a final sample size of 46 bar employees. ETS exposure levels were documented using saliva cotinine analyses by tandem liquid chromatography and mass spectrometry. Employee respiratory and sensory symptoms reports were assessed by a standardized, validated form: the International Union Against Tuberculosis and Lung Disease Bronchial Symptoms Questionnaire. Employee ETS exposure reports at work were eliminated after the ban. Sensory symptoms reports (at < or = 4 weeks) declined significantly by 70% to 100% (p = 0.0016); respiratory symptoms results were inconclusive due to a lack of data. Saliva cotinine medians declined significantly by 70% (p < 0.0001), from a pre-ban mean of 2.11 nanograms per millileter (ng/mL) to a post-ban mean of 0.29 ng/mL, confirming reports of no ETS exposure at work. We concluded that the indoor air law was effective, eliminating employee ETS exposure reports, dramatically reducing their cotinine levels, and almost eliminating reports of sensory symptoms.

INSTITUTE OF AIR AND SPACE LAW AND MASS COMMUNICATIONS: HISTORY AND CONTEMPORARY STUDIES

The article highlights the stages of historical development of the Institute of Air and Space Law and mass communications of National Aviation University, illustrates peculiarities of preparing lawyers and specialists in the area of information activity for aviation.

The role of constitution's standards as the integration part of forming of Ukrainian Air law system

The role of constitution's standards as the integration part of forming of Ukrainian Air law system

Strength of smoke-free air laws and indoor air quality

Smoke-free air laws have been implemented in many Kentucky communities to protect the public from the harmful effects of secondhand smoke exposure. The impact of different strengths of smoke-free air laws on indoor air quality was assessed. Indoor air quality in hospitality venues was assessed in seven communities before and after comprehensive smoke-free air laws and in two communities only after partial smoke-free air laws. One community was measured three times: before any smoke-free air law, after the initial partial law, and after the law was strengthened to cover all workplaces and public places with few exemptions. Real-time measurements of particulate matters with 2.5 mum aerodynamic diameter or smaller (PM(2.5)) were obtained. When comprehensive smoke-free air laws were implemented, indoor PM(2.5) concentrations decreased significantly from 161 to 20 microg/m3. In one community that implemented a comprehensive smoke-free law after initially passing a partial law, indoor PM(2.5) concentrations were 304 microg/m3 before the law, 338 microg/m3 after the partial law, and 9 microg/m3 after the comprehensive law. The study clearly demonstrated that partial smoke-free air laws do not improve indoor air quality. A significant linear trend indicated that PM(2.5) levels in the establishments decreased with fewer numbers of burning cigarettes. Only comprehensive smoke-free air laws are effective in reducing indoor air pollution from secondhand tobacco smoke.

Theoretical bases of formation of air law in Ukraine

In the article is explored the influence of principles of right on forming of the field of air law of Ukraine, that, in opinion of author, will allow deeper to understand dialectics of development of right and willdefine some frames for development of new legislative acts.

Commitment Decisions: The New Kind of Settlement in European Competition Law. Application in Air Transport

A ‘commitment decision’ is a decision through which Competition Authorities make commitments offered by companies binding on them in exchange for the termination of investigations into anti–competitive practices. The purpose of this article is to show how this new and extremely interesting kind of formal settlement can be applied in air transport cases. It analyzes the origin and the procedure of commitment decisions and focuses on the types of possible commitments in the fi eld of air transport. Airlines may offer slots to their competitors, share their Frequent Flyer Programs (FFP), enter into interline agreements with other airlines, and facilitate intermodal services, thus avoiding an infringement decision. An independent trustee with the necessary competence can monitor the accomplishment of these commitments. This article clears up some legal uncertainties and suggests ways in which interested parties, such as cooperating airlines and worldwide alliances, can make better use of the new mechanism and propose acceptable commitments to Competition Authorities. It also discusses both relevant case law of European Competition Authorities and air law doctrine and concludes that commitment decisions could lead to healthier and undistorted competition in the airline industry.

Establishment of air transport undertakings – Towards a more holistic approach

This paper addresses the issue of principal place of business. Principal place of business can be interpreted in various ways in addition to its strict legal meaning in international air law. The term establishment is also relevant because since the Open Skies decisions of the European Court of Justice of 2002, this term has been used, although not reconciled with the existing aviation law regime. The interpretation of these terms is not only an academic exercise; airlines may be able to choose their hubs in relation to the meaning of their principal place of business, and exercise traffic rights from there. The same is true for the interpretation of the term establishment. Since airlines generate about 80% of their revenues from the operation of traffic rights, the choice of criteria for the determination of the term ‘principal place of businesses’ affecting role of airports as hubs under a modernised air law regime. This has practical relevance for the conduct of a future air transport policy.

News and Notes

News and Notes