Air Law Research Articles

<br>(The Integration of Regulation and Taxation in the Clean Air Law)

תקציר בעברית: חוק אוויר נקי, התשסח–2008, קובע שני אמצעי שליטה להתמודדות עם התנהגות היוצרת זיהום אוויר: רגולציה, שבאה לידי ביטוי בהיתרי פליטה המונפקים למזהמים, ומיסוי, הבא לידי ביטוי ב היטלי פליטה שבהם מחויבים מזהמים. המאמר מסביר מדוע עלויות המידע הן השיקול המרכזי בבחירה בין מנגנוני שליטה, ומנתח את האופן שבו ראוי לפרש את החוק כדי להביא לשילוב מיטבי ככל הניתן בין שני המנגנונים הקבועים בו.English Abstract: Clean Air Law, 2008 controls polluting behavior through regulation as well as taxation. The regulation aspect is reflected in the emission permits that are issued for the polluters, and the taxation aspect appears in the emission levies that are imposed on the polluters. The paper explains why information costs are the primary consideration in choosing between the two mechanisms. It analyzes the way by which we should interpret the law in order to harmonize the two mechanisms as optimally as possible.

The Effects of Workplace Clean Indoor Air Law Coverage on Workers' Smoking-Related Outcomes.

This study investigated the effects of workplace clean indoor air law (CIAL) coverage on worksite compliance with CIALs, smoking participation among indoor workers, and secondhand smoke (SHS) exposure among nonsmoker indoor workers. This study improved on previous research by using the probability of a resident in a county covered by workplace CIALs, taking into account the state, county, and city legislation. The county-level probability of being covered by a CIAL is merged into two large nationally representative US surveys on smoking behaviors: Tobacco Use Supplement of the Current Population Survey (2001-2010) and Behavioral Risk Factor Surveillance System (2000-2006) based on the year of the survey and respondent's geographic location to identify respondents' CIAL coverage. This study estimated several model specifications of including and not including state or county fixed effects, and the effects of workplace CIALs are consistent across models. Increased coverage by workplace CIALs significantly increased likelihood of reporting a complete smoking restriction by 8% and 10% for the two different datasets, decreased smoking participation among indoor workers by 12%, and decreased SHS exposure among nonsmokers by 28%. Copyright © 2015 John Wiley & Sons, Ltd.

Air and Space Law: discussion questions

Air and Space Law: discussion questions

OTOCZENIE PRAWNE A FUNKCJONOWANIE LOTNISK LOTNICTWA OGÓLNEGO − PRZEGLĄD ZAGADNIEŃ

Summary. The functioning of general aviation aerodromes in Poland are regulated by more than 20 national and international legal acts. Knowledge about air law and its application ensures safe operations and flights at aerodromes and airfields. This paper summarizes source of law for general aviation and associated with its development strategies and reports. In the development of general aviation important role play small aerodromes, which are a “meeting point” for air transport sector and local economy, increase investments and tourism attractiveness of the region as well as are meaningful way for the development of the region. Despite this, there is no legal act comprehensively regulating the issue of financial support for investment at important local aerodromes.

Racial Disparities in Asthma Hospitalizations Following Implementation of the Smoke-Free Air Law, Michigan, 2002-2012.

IntroductionExposure to secondhand smoke has immediate adverse respiratory and cardiovascular effects. A growing body of literature examining health trends following the implementation of public smoking bans has demonstrated reductions in the rates of myocardial infarction and stroke, but there has been no extensive work examining asthma hospitalizations. The aim of this study was to determine the impact of the Michigan Smoke-Free Air Law (SFA law) on the rate of asthma hospitalizations among adults in Michigan and to determine any differential effects by race or sex.MethodsData on adult asthma hospitalizations were obtained from the Michigan Inpatient Database (MIDB). Poisson regression was used to model relative risks for asthma hospitalization following the SFA law with adjustments for sex, race, age, insurance type, and month of year. Race-based and sex-based analyses were performed.ResultsIn the first year following implementation of the SFA law, adjusted adult asthma hospitalization rates decreased 8% (95% confidence interval [CI], 7%–10%; P < .001). While asthma hospitalization rates for both blacks and whites declined in the 12 months following implementation of the SFA law, blacks were 3% more likely to be hospitalized for asthma than whites (95% CI, 0%–7%; P = .04). The rate of decline in adult asthma hospitalizations did not differ by sex.ConclusionThe implementation of the SFA law was associated with a reduction in adult asthma hospitalization rates, with a greater decrease in hospitalization rates for whites compared with blacks. These results demonstrate that the SFA law is protecting the public’s health and saving health care costs.

Refining Aviation Sanctions from an Air Law Perspective

Aviation sanctions exist at the intersection between the UN Charter and the Chicago Convention, in that the former enables the Security Council to interrupt air communication and the latter forces International Civil Aviation Organization (ICAO) to render assistance to the UN with regard to air matters when world security is concerned. This article examines how air law, which aims to promote the development of air transport and the universal application of air rules, came to accommodate the UN sanctions regime, an exclusive mechanism designed to prevent targeted States from utilizing international air transport. As UN sanctions evolved from being blunt instruments to smart ones, taking into account human rights and humanitarian concerns, aviation sanctions have evolved in tandem from the comprehensive air bans of yesteryear to more complex mechanisms that incorporate an array of supplementary tools that facilitate other sanctions measures. Nevertheless, there remains ample room to refine aviation sanctions with the aid of an air law perspective and the active involvement of ICAO. Aviation safety, the cornerstone of air law, deserves due regard when the UN and ICAO design and implement aviation sanctions, and a two-way dialogue between the UN Charter and the Chicago Convention will confer more legitimacy on aviation sanctions.

Bibliography of Air Law 2014

Bibliography of Air Law 2014

Assessing the effect of Michigan's smoke-free law on air quality inside restaurants and casinos: a before-and-after observational study

ObjectivesTo assess the effect of Michigan's smoke-free air (SFA) law on the air quality inside selected restaurants and casinos. The hypothesis of the study: if the SFA law is effectively...

Roadable Aircraft: An Analysis of the Current Legal Environment

The scope of aviation activities has been expanding into new and fascinating areas and a potentially significant development, one which has been flying mostly under the radar until recently, is roadable aircraft. A roadable aircraft is a vehicle that is capable of being both flown in the airspace and driven on public roads. The industry is coming into full commercial fruition and the regulators are becoming more involved. For example, the United States Federal Aviation Administration (FAA) is actively engaging with roadable aircraft and in Europe the European Aviation Safety Agency (EASA) has recently participated in a round table with the industry. Due to the recent revitalization of this topic and because it is relatively unexplored from a legal perspective, this article will critically examine the current laws that are in place that would allow a member of the public to operate a roadable aircraft. This will require certification, licensing and insurance to be examined, and this will be done within the context of three of the most prominent companies; Terrafugia, PAL-V and AeroMobil. The article will focus primarily on European Union air law; however, due to the nature of the roadable aircraft, reference will also be made the United States and road law. This will allow for the current legal situation to be highlighted and for any legal issues to be exposed.

Does Cigarette Smoking Affect Body Weight? Causal Estimates from the Clean Indoor Air Law Discontinuity

This paper examines the causal effect of smoking on body weight in Italy. We take advantage of the discontinuity in smoking habits introduced by the Italian smoking ban in 2005. Our estimates indicate that the ban reduced smoking intensity by half a cigarette per day and smoking participation rate by 2 percentage points. We estimate a significant effect on body weight of about 1 kg. Heterogeneous effects are also found, highlighting a smaller impact on men, employees and overweight and obese people. Most of the weight variations are attributed to quitting smoking, whereas reductions in cigarette consumption are not significant.

Henri A. Wassenbergh’s Contribution to the Development of Modern International Air Transport Policy and Law

This contribution stresses Or's contribution to the development of Air and Space Law in Asia in the framework of the International Institute of Air and Space Law of Leiden University which he chaired from 1986-2000. He actively promoted Open Skies and globalization of air transport, while referring to principles of the General Agreement on Trade in Services (GATS). The author also summarizes Or's numerous publications pertaining to air transport law and policy in which analyses the mentioned themes in greater depth.

Henri Wassenbergh on Air and Space Law: An Appreciation

This is a succinct appreciation of Or Wassenbergh's writings on Air and Space Law, much of which reiterates what the author wrote some years ago in a different context.

National Regulation of Private Suborbital Flights: A Fresh View

An analysis of international law applicable to air and space activities reveals a lack of regulation specifically addressed to suborbital flight. In the absence of any international rules, States interested in having private manned suborbital flights for “space tourism” and other purposes depart from their territories will regulate this activity within the framework of their national air or space law. The United States has been a pioneer in enacting legislation covering this activity. It did so by means of the 2004 Commercial Space Launch Amendments Act (CSLAA), which modified U.S. domestic space law. The CSLAA introduced a sui generis legal regime for all private spaceflight, which for the moment excludes certification of the vehicles and relies instead on the licensing of launches and on the “informed consent” of the participants. A different approach was proposed in 2008 by a number of European Union (EU) officials, whereby private suborbital flights would rather be considered as (mostly) a kind of aviation, and thus would fall under the control of EU law. However, recent events seem to indicate a willingness by certain EU Member States to regulate this activity by themselves, at least during the initial phases of operations. After providing a general background to the existing U.S. suborbital flight regulation, and a description of the 2008 EU regulatory proposal, the present paper will introduce the latest developments identified in the national regulation of human spaceflight, in particular the United Kingdom’s government review of commercial spaceplane certification and operations (July 2014), and Spain’s draft bill on Outer Space Activities (2014), which includes the domestic regulation of private human suborbital flight.

Montreal exclusivity versus EU law

Current air law is a showcase of multilevel regulation. The rights and obligations of airlines and their passengers are governed both by the Montreal Convention and by EU Regulation 261/2004. The EU placed itself in a difficult position by adopting Regulation 261/2004 shortly after it had signed the Montreal Convention. Both instruments provide for different standards for liability. The issue is whether or not the rules in the Convention is exclusive.

CONTEST'ing Chicago origins and reflections: lest we forget!

This year marks the 70th anniversary of the Chicago Convention; recognising this, this paper focuses on the origins and incentives behind the Chicago Convention. The convention identifies the role of international civil aviation as a means to 'preserve friendship and understanding among the nations and peoples of the world'. Yet, it is acknowledged that 'its abuse can become a threat to the general security'. Commentary is given on the historical roots of air law and the challenges faced by aviation as a result of such abuse. Also considered is the continuous battle between national sovereignty, security, trade and technological developments. The paper identifies contemporary and future security threats, questioning how prepared is the industry and how much has been learnt from historical events. It is concluded that the aviation framework remains fragmented and that without further uniformity there will remain unnecessary vulnerability and risk 'to peoples of the world'.

The effect of smoke-free air law in bars on smoking initiation and relapse among teenagers and young adults.

Background: Existing evidence has shown that most smoking uptake and escalation occurs while smokers are teenagers or young adults. Effective policies that reduce smoking uptake and escalation will play an important role in curbing cigarette smoking. This study aims to investigate the effect of smoke-free air (SFA) laws in bars on smoking initiation/relapse while controlling for other confounders. Methods: The national longitudinal Survey of Youth 1997 (NLSY97) from 1997–2009 was linked to state-level scores for the strength of SFA laws in order to carry out the analysis. Results and Conclusion: We find that SFA laws in bars with exemptions significantly reduce (p ≤ 0.01) the probability of smoking initiation (one-puff, daily, and heavy smoking initiation). The 100% SFA law in bars without exemption significantly deters smoking relapse from abstinence into daily smoking (p ≤ 0.05) or relapse from abstinence into heavy smoking (p ≤ 0.01) among people age 21 or older. The reduction of one-puff and daily smoking initiation is larger among ages 20 or younger than ages 21 or older, while the reduction in relapse does not differ by whether respondents reach the drinking age. Results also indicate that higher cigarette taxes significantly reduce daily smoking initiation and relapse into nondaily and light smoking.

Book Review: Mendes de Leon, Pablo (ed.), From Lowlands to High Skies – A Multilevel Jurisdictional Approach towards Air Law. Essays in Honour of John Balfour. Martinus Nijhoff Publishers,

Book Review: Mendes de Leon, Pablo (ed.), <i>From Lowlands to High Skies – A Multilevel Jurisdictional Approach towards Air Law. Essays in Honour of John Balfour</i>. Martinus Nijhoff Publishers,

Book Review: Michael Chatzipanagiotis, The Legal Status of Space Tourists in the Framework of Commercial Suborbital Flights (Studies in Air and Space Law, Volume 29, Carl Heymanns Verlag 2011

Book Review: Michael Chatzipanagiotis, <i>The Legal Status of Space Tourists in the Framework of Commercial Suborbital Flights</i> (Studies in Air and Space Law, Volume 29, Carl Heymanns Verlag 2011

Report on the European Air Law Association 9th Munich Liability Seminar: Liability, Insurance and Reinsurance, Passenger Rights and Procurement of Legal Services in the Air Transport and Aircraft Fina

The 9th edition of the European Air Law Association (EALA) Munich Liability Seminar took place on the 19 May 2014. There were panels addressing current issues in private air law: passenger rights and the proposed revision of Regulation 261/2004; criminalization of aviation accidents and accident reporting; assessment of the Montreal Protocol 2014, amending the Tokyo Convention 1963, including the problem on unruly passengers. The seminar also included a presentation of reinsurance in the aviation sector from Munich Re. The seminar touched on space law with a panel consisting of two presentations on the topic of liability for damage caused by sub-orbital spacecraft. The seminar concluded with an in-house counsel panel of current trends in the procurement of legal services. On 19 May 2014 the Kempinski Hotel Airport Munich once again played home to the European Air Law Association (EALA) Munich Liability Seminar, this time back for its 9th edition. The seminar itself was preceded the previous night by a visit to the BMW Museum, which included a private tour of the exhibition. The following morning, the President of EALA, Prof. Dr P.M.J. Mendes de Leon, gave his welcoming address to the delegates, noting the international appeal of the seminar's programme, evidenced by the attendance of so many delegates from the United States. Dr Ehlers, reiterating the warm welcome to the delegates gave the floor to Dimitri de Bournonville, Partner at Kennedys Law Firm in Brussels, and moderator of the day's first panel.

Bibliography of Air Law 2013

Bibliography of Air Law 2013