Aviation Law Research Articles

Book Review: David Cluxton Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions (2022)

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Overview of International Aviation Laws and International Aviation Liability

Overview of International Aviation Laws and International Aviation Liability

Harmonization of Aviation Safety and Security Legal Regulation in the European Union: Impact on the Global Convergence of Aviation Law

This paper deals with civil aviation, which is highly international. Therefore, harmonization of regulation in this area on a global scale is inevitable, which means that aviation law requires an integrated approach. However, only slightly over half of the countries fully comply with the standards issued by the International Civil Aviation Organization for basic international aviation regulation, which poses a serious threat to aviation safety and security. In this respect, the integrative nature of the European Union offers us to look at the Union’s activities in the context of aviation regulation. The aim of this paper is to investigate the impact that the harmonization of civil aviation safety and security regulations in the EU has on the development of global aviation regulations. The paper provides a more detailed analysis of the beginning and further integration of the EU’s internal aviation market and the formation of the Union’s external policy in this area, which has played a key role in harmonizing the legal framework for aviation safety and security. The study revealed the preconditions for the harmonization of aviation safety and security rules in the European Union highlighted the essential features of this process and its impact on the convergence of aviation regulation on a wider scale (beyond the EU).

Analysis of Several Important Theoretical and Practical Issues in International Aviation Law–Discussion Based on Malaysia Airlines Flight MH370 Accident

Analysis of Several Important Theoretical and Practical Issues in International Aviation Law–Discussion Based on Malaysia Airlines Flight MH370 Accident

Recourse to International Courts and Tribunals in the 2017–2021 Gulf Dispute

Abstract One of the broadest international disputes in recent years is the perfect case to test Judge Yusuf’s assertion that “there can be no rule of law without a court to apply it.” From 2017 to 2021, Bahrain, Egypt, Saudi Arabia, and the United Arab Emirates (the “Quartet”), on one hand, and Qatar, on the other, were engaged in a standoff, severing nearly all diplomatic and economic relations and lodging a number of legal challenges in various fora. These proceedings collectively touched on treaty interpretation, State responsibility, countermeasures and non-coercive sanctions, human rights, investment and trade, aviation law, and still other legal issues. By comparing the jurisdiction, reasoning, and dispositions of the different modalities of dispute resolution, this article demonstrates that international courts were neither sufficient nor necessary for resolving the macro dispute among the parties, particularly in light of non-judicial alternative proceedings. It illustrates, with respect to Judge Yusuf, that non- judicial dispute resolution fora are just as important as international courts for upholding the international rule of law.

Air-Rail Alliances in the Context of Liability and Environmental Protection

Since the deregulation of airlines in the 1970s and 80s the aviation industry has constantly tried to find new ways to engage with the increasingly competitive aviation market by expanding their outreach through strategic partnerships and global alliances. Over the past 10 years airlines have strengthened their partnerships with railway companies to offer more convenient connections for passengers to their hubs and link remote areas to their route network. These Air-Rail Alliances have helped airlines to stay competitive in the modern aviation market. This short paper will briefly examine two legal issues pertaining to Air-Rail Alliance namely whether an airline can be held liable in case of an accident during the train leg of the journey and how Air-Rail Alliances help airlines to meet their carbon emission reduction goals under the European Union Emissions Trading Scheme (EU ETS) and the ICAO Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). Especially during the COVID-19 pandemic, Air-Rail Alliances proved to be a good vehicle for airlines to replace specific flights in their network. The paper will first explain basic terminology relating to the airline’s business before explaining the structure of Air-Rail Alliances in more detail. Afterwards, it will address the question as to whether an airline can be held liable in the case of an accident during the train leg of the journey. The paper will answer this question by arguing that airlines cannot be held liable under international aviation law but rather the train operator under the lex loci of the state in which the accident occurred. Finally, the paper will discuss the structure of both the EU ETS and CORSIA and argue that Air-Rail Alliances are a valuable tool for airlines to meet their CO2 reduction goals. It will be highlighted that both regimes are flexible and adaptive enough to take the unprecedented consequences of the COVID-19 pandemic into account and underline how the law can be adaptive in such a changing environment.

The Effect of Russia--Ukraine War on International Aviation Sectors

The Russian invasion of Ukraine has already killed hundreds, sent thousands of refugees fleeing, and sent ripples throughout the entire world. With closed airspaces in and around the conflict leaving some stranded and flights rerouted, impending fuel price jumps, airlines and countries cutting off Russia and its national airline. The European Union’s potentially impactful sanctions on aircraft parts. The airline industry has faced 2 years of significant challenges, and it is unfortunate that as the pandemic begins to wane, they get no respite before dealing with more triage. This research focused on studies: (1) How is the impact of Russia v. Ukraine in several sectors of civil aviation? (2) How the international law regulated civil aviation during an armed conflict situation, also strategies and response for far away from worse impact Russia v. Ukraine conflict in civil aviation sectors. The research method used in this research focused on the traditional regulatory approach and a comparative approach to discuss the invasion of Russia v. Ukraine, this research also focuses on the several impacts on international aviation during wartime Russia v. Ukraine following legal, and regulatory standards regarding international aviation law. The results of this study show, several impacts in the international aviation sectors, such as in air passenger traffic, air cargo traffic, jet fuel prices, and airfares, also on the development of a broader economy. Strategies and Response for far away from worse impact Russia v. Ukraine conflict in civil aviation sectors, accelerate peace agreement. Compliance with international law regarding security and safety for international civil aviation. Recovery of the several impacts in aviation sectors during wartime, and strengthening the aviation industry to survive during crises as an impact of war.
 Keywords: invasion, Russia vs. Ukraine, international aviatio

The Basic Premises of EU Regulations Regarding the Safety of Unmanned Aircraft in the Context of their Development Process

The development of UA is one of the most important challenges for the future of aviation. Consequently, this is one of the major challenges for the future of aviation law, particularly for those legal regulations that aim to provide an adequate level of civil aviation safety. The main goal is to show the results of the analysis of the legal framework created in Europe and to show where Europe is going in the nearest future. The method of study comprised content analysis of existing legislation. Results of the study shows inter alia that although the analysis of the adopted solutions is necessary for a better understanding, a comprehensive assessment of these solutions will be possible at the earliest after the end of the adopted transition periods, i.e. after 2023.

Polish Criminal Liability of the UAV Operator in Connection with the Unauthorized Flight in Operations Area of Fire Services in the Context of the Possibility of the U-Space Using

The events of recent weeks have reminded us how difficult it is to fight the element of fire. Knowing where the fire has started allows emergency services to react faster and more efficiently. That is why unmanned aerial vehicles are being used more and more often. A drone with a thermal imaging camera locates fire outbreaks from the air. The drone will not only reach places that are difficult to reach, but also record an image from a wide area and—importantly—allow you to assess the extent of damage and fire extinguishing activities in real time. The unmanned aerial vehicle with a thermal imaging camera installed, despite the clouds of smoke and poor visibility, registers where the fire is located and in which direction the fire is spreading. The obtained data, along with the exact coordinates of the places that are on fire, are forwarded to the fire brigade. On this basis, firefighters can react quickly and move to a specific area to extinguish a fire. The analysis of the temperature of the indicated area also translated into the safety of the services participating in the fire extinguishing operation. This refers to issues in the area of public safety and privacy. UAV, under the international, regional and national regime of aviation law, are considered as aircraft. Since there is no framework existing in connection with the unauthorized flight in operations area of fire services in the context of the possibility of the U-space using, this paper will focus on this analysis. The paper’s conclusion will address the proposed recommendations for the UAV and aviation industries to consider as potential solution- implementation of the U-space concept. This idea, apart from the regulations of aviation law and other branches of law seems to be relevant for sanctioning the use of the airspace in fire services application.

COVID-19: It’s Impact on Job Security and Employees Attrition of Selected Aviation Companies in Lagos State

The global widespread of Covid-19 disease has led to an unparalleled unemployment disaster cum employees’ market surprises and it is anticipated to bring in distinct systemic substitute and prolonged problems for global works. This study tries to investigate the impact of Covid-19 on job security and employees’ attrition of selected aviation companies in Lagos State. A cross-sectional design and simple random sampling technique were employed. A questionnaire was employed as the research instrument for the study with 269 respondents adjudged usable. Multiple regression and correlation analyses were employed to determine the hypotheses of the study. The hypotheses result showed that job security (r = 0.450, p < 0.05), employees’ attrition (r = 0.275, p < 0.05) and lay off and unemployment (F = 33.237; p =0.000) were significantly impacted by Covid-19. The study recommends that National governments and various bodies such as World Health Organizations (WHO) to introduce policies and guidelines that will cushion the impacts of Covid-19 on employees’ job security,’ attrition and lay off and unemployment in terms of taxes reductions, improved safety measures, contingencies approaches, reductions of levies on licenses, public awareness, relaxation of aviation laws in terms pilots renewal licenses, reduction of airline fuel price, reduction of parking lots of the aircrafts, supporting the airlines with funds and adequate incentives would curb employees attrition, job security and employment and would allow the aviation sector to rise again as in the past before the final solution to eradicate the pandemic.

Influence of Gas Content on Performance Effect on Shunt Vane Type Aviation Fuel Pump

In order to study the flow law of shunt vane type aviation fuel pump under the condition of gas-liquid mixture transportation, based on the RNG K-ε turbulence model and the Euler-Euler non-uniformity model, using the ANSYS CFX software to calculate an aviation fuel pump under different gas content conditions, and analyzing the flow of the fuel pump and the pressure law of the blade pressure. The research shows that the gas phase is mainly distributed in the front section of the long blade suction surface and the back section of the short blade pressure surface. The increased gas content will result in increased liquid velocity in the pump, which makes the gas phase gradually develop towards the suction surface of long and short blades and diffuse to the impeller flow path. The gas content mainly affects the pressure surface load of the fuel pump blades. The pressure load curve fluctuates at the relative position of the short blade (0.5-0.6) and long blade (0.3-0.6) as well as at the end of the blade and decreases with the increase in gas content. The change of pressure fluctuation of the blade is mainly reflected at the junction of long and short blades, and the pressure fluctuation amplitude of the front section of the short blade and middle section of the long blade fluctuates greatly. With the increase in gas content, the pressure fluctuation amplitude at each monitoring point reduces. The research results can provide some reference for the design of aviation fuel pumps.

Tindakan Mengoperasikan Telepon Seluler dalam Pesawat Berdasarkan Undang-Undang Nomor 1 Tahun 2009 tentang Penerbangan

This study aimed to analyze the actions of passengers who operated cellular telephones on board the aircraft and the criminal liability of passengers who operated cellular telephones on aircraft based on Law Number 1 of 2009 concerning Aviation. The approach used in this study was a statutory approach and a case approach with a normative juridical type of research. The data sources in this study used primary and secondary legal materials. The data that were obtained were analyzed using descriptive techniques. The actions of passengers who operated cell phones on planes meet one form of error, namely negligence without awareness. Criminal liability for passengers who operated cellular phones onboard the aircraft was based on the elements of a criminal act in Article 54 letter f of the Aviation Law, and the sanctions provided were regulated in Article 412 paragraph (5) of the Aviation Law, which was threatened with a maximum imprisonment of two years or a maximum fine of 200,000,000 IDR.

Violations of civil use of drones in the Gulf Cooperation Council countries and their penalties: مخالفات الاستخدام المدني للطائرة بدون طيار في دول مجلس التعاون الخليجي وعقوباتها

A drone is a small flying machine that it could fly in the air at law altitude with small engines and remotely could be piloted. It doesn’t need to inform the control towers or a helipads. Actually It began with military experiments and later on has been used by civilians, recreational and commercial means, and even a criminal tool. Laws has been set out to prevent it, and then gradually regulated its various uses for it. Its use has spread throughout the Gulf Cooperation Council countries, and that made an urgent need to study the old aviation laws and regulations that did not mention the drone. The modern Gulf laws and regulations stipulated the criminalization of drone uses, and punishments for violators has been set.. The policy of these countries in criminalization and punishment has been varied Penalties (, financial fines and some administrative penalties) were imposed on them. The research methods: We followed the comparative analytical descriptive method aiming to identify the violations and the penalties of procession and use of the drone in civilian areas.

EFEKTIVITAS UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN KHUSUSNYA MENGENAI LARANGAN PENGGUNAAN TELEPON GENGGAM SELAMA PENERBANGAN BERLANGSUNG

Aviation is one of the means of transportation used by the community in meeting the needs of the traveling sector in cross-country and national and international traffic, air transportation is the main choice in traveling when the community has little time constraints to travel to the desired location, but in the world Aviation does not deny that there is an accident in flight, the causal factors are due to human error or human actions, weather conditions, infrastructure that is very outdated, but in the discussion of this study the author focuses on the causes of accidents in the world of aviation due to human error in this case using cell phones during the flight, although Law Number 1 of 2009 concerning Aviation has prohibited the use of cell phones during flights, the public and officers are still unable to access mobile phones. implementing these regulations due to a lack of knowledge related to the prohibitions contained in the Aviation Law, so that in this study the author uses a normative juridical research method where this research analyzes problems and points of view or according to the provisions of the applicable law or legislation. Normative legal research discusses legal doctrines or principles in legal science, with this method the authors are interested in discussing the effectiveness of Law Number 1 of 2009 concerning Aviation, especially regarding the prohibition of using mobile phones during flights

Perlindungan Hukum terhadap Konsumen atas Pembatalan Tiket Keberangkatan Pengangkutan Udara Akibat Pandemi Covid-19

One of the public transportation sectors affected by the COVID-19 pandemic is air transportation. Many cities or countries have imposed a system of lockdown or social distancing in their territory, resulting in almost all flights being cancelled. The purpose of this study is to analyze the form of legal protection for consumers who experience cancellations due to the COVID-19 pandemic? And discussed the form of responsibility of the air transportation company towards the obligation to refund air transportation departure tickets that were canceled due to the covid-19 pandemic. This study uses normative law as its method with conceptual and legislation as its approach. There are three sources used in this research, namely primary, secondary, and tertiary legal materials. The legal materials contain the 1945 Constitution, the Criminal Code, the Consumer Protection Act, the Aviation Law and the Disaster Management Law, the Minister of Transportation, Government Regulations, legal journals, and other legal-related literacy. These materials are collected by means of recording techniques, file systems, and document studies which will later be analyzed systematically. The forms of legal protection listed in the results of this study show a form of legal protection for consumers who experience cancellation of departures due to the COVID-19 pandemic in the form of rights and consumer obligations described in Law no. 1 of 2009 regarding Aviation and Law no. 8 of 1999 regarding Consumer Protection. The responsibility of the air transportation company for the obligation to refund flight departure tickets that were canceled due to the covid-19 pandemic is to apply a refund mechanism in the form of vouchers

Pre-Flight Test Verification of Automatic Stabilization System Using Aircraft Trimming Surfaces

The new requirement of installing the flight stabilization system onboard the airplanes for performing the single-pilot flights in IFR rules was issued lately. It caused the necessity of developing such a system for small aircraft. The proposed system was developed using Model-Based Design then tuned and tested in Model, Pilot and Hardware in the Loop Simulations. The paper presents the next advanced stage of testing—verification in simulation and ground tests on the PZL-130 Orlik airplane. The implementation of this system does not modify the pilot’s primary manual controls. The newly introduced electrical trim is used for automatic stabilization but can be used at manual trimming as it was previously, depending on the chosen operation mode. The ground tests were planned according to civil aviation authority and aviation law requirements. Chosen results from simulated flights were analyzed and presented, confirming the effectiveness of the proposed system. The dedicated application allowing the test engineer to change stabilization system parameters during the flight on a touchscreen tablet was developed and described. The outcome of the stabilization system test campaign was a verification of its performance before the flight tests. The comparison of simulated and real flight data will allow identifying model deficiencies and flight stabilization system efficiency, which makes possible improvements implementation. Additionally, it appeared to be the cost-effective and less electrical energy-consuming automatic flight stabilization system for small aircraft. Such features benefit initiatives like Future Sky, More Electric Aircraft and aircraft stabilization system retrofit.

RELEASE AND DISCHARGE AGREEMENT IN THE COMPENSATION SETTLEMENT BY AIRLINES COMPANY (A NATIONAL AND INTERNATIONAL LAW PERSPECTIVE)

This paper analyses the rules and implementation regarding the Release and Discharge Agreement in the compensation settlement process by airlines company based on national and international law. The results show that this release and discharge agreement is not per Article 186 of the Aviation Law, which regulate that the carrier as a business actor is prohibited from making special agreements or requirements that negate the carrier's responsibility or determine a lower limit than the current compensation limit. According to international law, this release and discharge agreement does not follow Article 26 of the 1999 Montreal Convention, which regulates that airlines companies are not allowed to form contracts that may reduce or eliminate the amount of liability. Hence, obstacles arise in the ccompensation settlements when using Release and Discharge Agreement documents, the method of airline liability, and proving the cause of the accident to exclude the payment of compensation settlements to passengers. It is recommended to improve the rules related to the carrier's responsibility to ensure that passengers could get their rights according to the provisions contained in the legislation and maximize the implementation of international conventions related to aviation that have been ratified into national regulations. Keywords: Compensation, Liability, Release and Discharge Agreement, Airline Company, Passenger.

COMPENSATION AND ABSOLUTE LIABILITY PRINCIPLE ON THE CASE OF AIR ASIA QZ 8501 AIRPLANE ACCIDENT 2014

This study investigates the issue of compensation based on the absolute responsibility principle in the Air Asia QZ 8501 airplane accident in 2014. This study uses normative juridical legal research with secondary data as primary data obtained through literature study. The results indicate a lack of clarity in the implementation of compensation as regulated in the National Aviation Law regarding the maximum amount of time required in insurance claims toward the heirs. Without a precise time limit, airlines and insurance companies will create many obstacles during the data collection process and the documents involved. It is recommended that the government strengthen the rules regarding the provisions in implementing compensation, especially related to the insurance claim process toward the heirs. In addition, it is also recommended for airlines and insurance companies to consistently set a precise time limit for the investigation and identification of the victims to speed up the issuance of the necessary documents from the Court. Keywords: Airplane Accident, Compensation, International Air Freight, Principle of Liability, Strict Liability.

Recent Developments in Aviation Law

This Article addresses recent developments in aviation law and the aviation field generally over the past year, from early 2021 through early 2022. It does not attempt to address every reported aviation case. Instead, this Article focuses on the areas of aviation law that will have significant ramifications for the future. This Article summarizes legal developments, including those related to COVID-19, the 737 MAX, 5G technology, space exploration, and more.

Space Law Researcher Mikhail Smirnov

Based on the new archival documents and literature in English, the paper presents the biography of Mikhail Sergeevich Smirnov, representative of the Russian diaspora in Yugoslavia and researcher of a new branch of international law, which began to develop in 1957 with the launch of the fi rst artifi cial Earth satellite. He was a secondgeneration Russian refugee, who was forced to leave his homeland as a little boy. He settled in the Kingdom of Serbs, Croats, and Slovenes / Kingdom of Yugoslavia alongside his family. He graduated from Law School in the state capital, Belgrade, then from Paris Law School, where he obtained his doctorate, and then from Paris Law School’s Institute for Higher International Sciences. After the launch of the fi rst satellite in 1957, Mikhail Smirnov, an aviation law expert, started paying more attention to the new aspects of aviation law associated with space exploration: he spoke at a number of international meetings of specialists in this fi eld of law. His works were published in domestic and international journals and his papers were cited by many authors. The scientist became a member of the International Astronautical Academy, the International Astronautical Federation, and the first president of the International Institute of Space Law. Smirnov was even a Serbian Academy of Sciences and Arts corresponding member candidate. Nevertheless, he was almost completely forgotten in Serbia.