International Air Law Research Articles

System of legal regulation of international air transportation

The Warsaw Convention of 1929 for the unification of certain rules of international air transport is the basis of the legal regulation of international air transport. Agreements supplementing the Warsaw Convention: Hague Protocol of 1955, Guatemala Protocol of 1971 amending the Warsaw Convention, Guadalajara Convention of 1961, Montreal Protocol for the Unification of Certain Rules Relating to International Carriage by Air (1975). The Montreal Interim Airline Agreement of 1966, the Montreal Agreement of 1999. The set of norms of these agreements as a whole constitutes the Warsaw System of Regulation of International Air Transport. IATA – a special non-governmental organization, an association of airlines of ICAO member states – is responsible for determining the specific conditions of international air transportation. On May 28, 1999, a significant event took place in the field of international private air law: as a result of the three-week work of the Diplomatic Conference on Air Law held at the ICAO headquarters with the participation of representatives of 121 states and 11 international aviation organizations, the Convention for the Unification of Certain Rules of International Aviation Law was adopted of air transportation (Montreal Convention of 1999), which defines the basic legal conditions of international air transportation in the 21st century. Scientific and technical progress, the rapid development of international air transport, the increase in the safety of its operation made it necessary to expand the scope and more clearly regulate the responsibility of the carrier. This international Convention is designed to provide firm legal guarantees and an adequate level of compensation to persons injured as a result of aviation events, to create a uniform and clear legal regime of responsibility of air carriers for failure to preserve cargo, baggage and delay during their transportation on international lines. On November 4, 2003, the Montreal Convention entered into force. Among the participants of the Convention are such countries as the USA, Japan, Canada, China, the countries of the European Union, including Ukraine. The article examines the early development of the aviation industry and the role of the Warsaw Convention in the construction of rules and mechanisms aimed at protecting the interests of both the carrier and the passenger or cargo owner. The development of the norms of the Warsaw Convention in various protocols is revealed. Such as the Hague Protocol (1955), the Guadalajara Convention (1961), the Guatemala City Protocol (1971) and the Montreal Four Protocols (1975), which significantly modernized the provisions on air transport regulations, as seen in the Montreal Convention (1999).

Features of the part-speech composition of terms of international air law in English and Russian languages

The work reveals a problem of the part-of-speech composition in terms of the English and Russian languages in international air law. The study presents an analysis of the parts of speech included in the term structure in international air law according to the criterion of certain terminological field. The purpose of the study is to determine the most characteristic part-of-speech composition for the terms of several groups, identified on the basis of a common field in terminological systems Russian and English. This principle of analysis helps to compare terminological groups in different language systems. The objectives of the study were to identify the frequency of a certain part-ofspeech structure for the terms of the Russian and English languages. The work presents an empirical study, which prove that the proposed version of the analysis makes it possible to compare each lexical and semantic group in the English language with the Russian language in terms of the frequency of a certain part-of-speech structure; to identify the main dynamics in certain part-ofspeech structures in the English and Russian terminological systems of international air law. Based on the results of the study, the following conclusions were made: comparative analysis of the partof-speech structure based on the criterion of a single semantic core within the branch of international air law is the most objective criterion that allows the comparison of terms from two different language systems within the framework of cross-linguistic research; part-of-speech structures of terms are directly related to the structural features of the Russian and English languages.

Reparation of Civil Aerial Accidents Under International Air Law: A Case Study of the 2020 Ukrainian Plane Incident in Iran

International Air Law, encompassing both national and international legal norms, plays a critical role in defining state sovereignty in airspace and ensuring the safety of passenger aircraft. This paper highlighted the evolution of airspace law, emphasizing key treaties and conventions such as the Chicago and Montreal Conventions, which have shaped the legal landscape of modern aviation. It thoroughly examined the role of Aviation Law in addressing contemporary challenges, with a focus on the downing of Ukraine International Airlines Flight PS752 in Iran on January 8, 2020. This incident, a non-warfare act of force, presented a complex legal challenge and led to recent legal controversies. It examined precedents from international and domestic court decisions and directives of relevant organizations, contributing to a modern legal framework. Key discussions included the implications of human error in aviation incidents, particularly in terms of criminal liability and financial compensation. The paper made efforts to evaluate such situations within the framework of international air law, advocating for continuous legal adaptation to safeguard global civil aviation. This study particularly suggests the possible resolutions for aerial accidents, specifically those caused by human error.

INTERNATIONAL AIR CRIME: ACTUALIZATION OF THE CONCEPT

The author analyzes the concept of "international air crime", updates the issue of the urgent need to formulate a normative definition of the concepts of "transport crimes", "crimes in air transport", "air crimes", "international air crimes" and some others. In the course of the work, scientific ideas about transport crimes, international treaties ratified by the Russian Federation and the internal law of the Russian Federation, including the Air Code and other regulations were analyzed in order to form the legal foundation for ensuring air security, taking into account the Decree of the President of the Russian Federation of May 7, 2024 of the year. In order to pose the problem, the author has identified classifications of international air crimes that are promising for scientific research, including crimes where air transport is considered as an object, means and place of commission of a crime. In fact, trends in the development of scientific analysis of basic concepts and characteristics of transport and air crimes are presented from a historical perspective. As a result, the author, summing up the current state of legal regulation of international air crimes and the prospects for the development of a system of norms, gives impetus to the specification of the institution of air safety, the branch of international air law and air legislation of the Russian Federation.

Legal Concept of a State Aircraft is “Up in the Air”: Problems of a Definition

Due to the technological development the scope of State aircraft application has significantly expanded. As a result there is a need to study the current international legal approach to the definition of “State aircraft” with respect to its applicability to existing relations. Furthermore, the distinction between state and civil aviation is a critical issue in determining the scope of international air law instruments. The authors analyze different approaches to the definition of “State aircraft” at the universal, regional and bilateral level. The study has revealed that there is no holistic understanding of the concept of “state aircraft” in current international law, which has a negative impact on the international legal regulation. The authors conclude that it is advisable to revise the definition of “state aircraft” at the universal level, which should serve as an impetus for further unification of the legal regulation. The authors propose to expand t his legal category beyond the provisions of the 1944 Chicago Convention. This paper argues that it would be in the interests of modern aviation and would address existing and potential legal problems.

From yachts to spacecraft: Legal aspects of space tourism ventures in comparison with the legal regime governing marine tourism

Until recently space travel was considered a privilege of governmental astronauts, with the exception perhaps of a few billionaire space tourists, who had been accommodated on the International Space Station on some rare occasions. Nonetheless, with major space pioneers announcing plans for space tourism activities and after the successful launch in orbit of space tourism vehicles from the Virgin Galactic and Blue Origin companies, academic interest about human spaceflight for purposes of leisure and recreation has ignited. Taking into account that space tourism is in fact an unregulated activity, this paper will firstly examine whether space tourism activities fall under the scope of space law or under the scope of international air law, depending on the planned trajectory of the space tourism vehicle. Furthermore, the authors will attempt to draw conclusions concerning the legal implications of space tourism activities through a comparative analysis with the 1974 Athens Convention on the Carriage of Passengers and the Carriage of their Luggage by Sea. This international convention provides a great example on the regulation of touristic ventures, as it refers to commercial touristic activities realized within a res communis omnium, i.e., the high seas, similarly with touristic activities in space. Moreover, said Convention provides for a specialized regime for touristic activities and is of particular interest, since it has achieved stability and a desirable balance of interests between private tourism operators and passengers. In this connection, the authors will evaluate the provisions of the 1974 Athens Convention in comparison with the space treaties applicable to space tourism activities. Furthermore, suggestions will be made as to whether it would be appropriate and feasible to introduce in the space law realm certain rules of law similar to those of the 1974 Athens Convention, in order to facilitate growth in the space tourism sector, without compromising the safety of human spaceflight for space passengers.

Providing Air Traffic Services to Unmanned Aircraft Vehicles in Banda Aceh’s Airspace

Nowadays, aircraft are becoming more and more important and talked about due to the rapid development of aircraft in the past few decades. In addition, we must also remember that this aircraft is an important object under air law. Aircraft that were once the result of modifications from hot air balloons have now far developed into aircraft that can be flown remotely, or currently known as drones. Even with the rapid development of drones in the last few decades, it cannot be matched by the progress of air law arrangements both internationally and nationally. With such conditions, both international air law and national air law have not been able to fully guarantee flight safety (safety first), which is the spirit of aviation as contained in the 1944 Chicago Convention, which states that the convention mandates that the growth of safe and orderly international civil aviation be guaranteed. The 1944 Chicago Convention obliges the state to ensure flight safety, including Indonesia. The intended flight safety is where every flight must be guaranteed safety by the country concerned, including civil aviation, military aviation, and drone flights or unmanned aircraft, because their operation using remote pilots has the potential to cause accidents.

МНОГОКОМПОНЕНТНЫЕ ТЕРМИНЫ МЕЖДУНАРОДНОГО ВОЗДУШНОГО ПРАВА В АНГЛИЙСКОМ ЯЗЫКЕ

The article reveals an actual problem of the specificity of the terminology system of international air law in the English language. The study presents the results of the specificity of multicomponent terms according to the criterion of belonging to the semantic core within the framework of terminological fields. The research goal is to determine the features of multi-component terms of international air law in the English terminology system. The study objectives were to identify the specific lexical and grammatical characteristics of multi-component terms of international air law in English, and to conduct a partial analysis of terms with a multi-component composition in English. The article presents the results of an empirical study that prove that the component-by-component method of term analysis proposed in the study allows us to identify a number of key features of multi-component terms in the English term system of international air law. Based on empirical results, the author concluded that within the field of international air law, multicomponent terms occupy the second position in terms of frequency of use in English. The research materials are useful for analyzing the partial structure of terms with a multicomponent composition in the terminology system of international air law in English.

Pengaturan Tentang Penerbangan Komersial Dan Tanggung Jawab Negara

Introduction: In transportation activities, the risk of an accident is an unavoidable thing so that unification of arrangements regarding this matter is an absolute thing to do.Purposes of the Research: This study aims to find out and examine how the regulation regarding the flight of commercial aircraft in the air space of a country is reviewed from international law and how the form of state responsibility when a commercial aircraft is shot down is reviewed from international law Methods of the Research: This writing uses a normative type of legal research, which is carried out by studying theories, concepts, legal principles, and laws and regulations. In this study, the author used 2 approaches, namely the statutory approach, and the case approach.Results of the Research: The results showed that the International air law Regulation related to the parties' obligation to regulate the safety of commercial flights crossing its airspace must be in accordance with the Chicago Convention of 1944. These arrangements are made so that flights that cross the airspace of other countries can be kept safe and secure. Iran's shooting down of Ukrainian plane PS752 has violated provisions in the 1944 Chicago Convention on its airspace in an armed dispute. Therefore, Iran must take responsibility for this incident. In the future, firmness and increased cooperation with various parties are needed so that safety and security in international flights and national flights can be achieved.

Regarding the issue of jurisdiction in the field of combating acts of illegal interference in the activities of civil aviation

The present work is based on theoretical and empirical research. It should be notedthat along with the development of international civil aviation, the concepts: “Act of Unlawful Interference”and “Issues of Jurisdiction” are becoming increasingly popular. Illegal actions committed bypersons that threatened the safety of civil aviation and that affected the legal well-being of passengerson boards of aircrafts were not initially recognized at the legal level by international air law, therefore,it became problematic to qualify such actions, but due to the increased use of airspace and along withthe development of the transportation sector, it became necessary to form new approaches based onthe existing experience. This led to the creation of five conventions which are discussed in terms of theexercise of jurisdiction.

The Evolution of the Ground Handling Service Provider’s Liability for Paying Immigration Fines in International Air Transport

This article elaborates on the liability of ground handling services providers for paying immigration fines and the evolution of liability in international air law. The ground handling service provider and the carrier usually conclude a Standard Ground Handling Agreement, according to which the ground handling services check the validity of passenger documents and, depending on the signed contract, assume liability for paying immigration fines to the carrier. It is a strategic decision by carriers and ground handling providers for which version of the Standard Ground Handling Agreement to opt. It is noticeable that with each new version of the Standard Ground Handling Agreement, the liability of ground handling service providers for damage is increased. The payment of an immigration fine represents a reduction in the property and liability of the ground handling service provider. The legal nature of the carrier’s liability for the immigration fines is not the compensation of damages but the payment of legal penalties, which are determined by the country’s national law when the passenger does not meet the conditions for entering the country. Standard Ground Handling Agreement, liability, immigration fines, ground handling service provider

Summary Report of the International Institute of Air and Space Law’s (IIASL) International Air Law Conference on Aviation Cybersecurity, Leiden, Netherlands on 11th of May 2023

This report provides an overview of the International Institute of Air and Space Law's (IIASL) International Air Law Conference on Aviation Cybersecurity held in Leiden, Netherlands, on May 11th, 2023. The conference focused primarily on aviation cybersecurity, highlighting major insights and emerging trends in safeguarding the safety and security of the airspace within the context of cybersecurity. The conference assembled scholars, experts, policymakers, regulators, industry players as well as students to address the growing challenges and threats posed by cybersecurity in the aviation sector. The report consolidates the discussions, presentations, and keynote addresses from the conference, highlighting international perspectives, solutions, opportunities and developments in the cyberspace and their impact on the aviation sector. Furthermore, it emphasizes the importance of all stakeholders implementing and adhering to measures in a bid to protect aviation infrastructure and operations. aviation cybersecurity,cyberthreats,challenges,aviationsafety,aviationsecurity

The Philosophy of International Aviation Law

“International Air Law” has been justifiably arrested in a straight-jacketed approach centred on the classical doctrines of state sovereignty and sources, which is in addition to a limiting classicism in IAL’s discourses, methods, and meanings. This Article problematizes the said classicism on account of it distancing, and often dissociating, IAL from the global realities in civil aviation. It proposes an alternative approach to read IAL including rechristening it as “International Aviation Law,”, a new epistemological and disciplinary category, which has a modernist approach, and which stays close to the reality of functions in civil aviation. In making a case for IAvL, the Article primarily draws on many renewalist and radical thinking in international law and elsewhere mindful of the prevailing global and economic realities. Motivated by the same, the Article lets orthodoxies to fall for making ground for an epistemological revolution in the regulation of civil aviation. The Article organizes its critique and construction under four major heads: Sovereignty, Sources, Subjects, and Meanings.

The ICAO Council as a Dispute Settlement Body: Theoretical and Practical Issues

INTRODUCTION. Achieving the goals of international legal regulation of a particular area of inter-State relations depends mainly on the existence of an effective dispute settlement mechanism. In the field of international air law, such powers are attributed to the Council of the International Civil Aviation Organization (hereinafter - ICAO), established under the Convention on International Civil Aviation of 1944 (hereinafter – the Chicago Convention). The Council's activities in this area cannot be called fruitful. Since the establishment of ICAO in 1947, the Council has not issued a single decision on disputes that have been brought before it. States have proved to be reluctant to use the dispute settlement mechanism established under the Chicago system. This is mainly due to the imperfection of the relevant provisions of the Chicago Convention, which for many years have been the object of criticism in international legal doctrine. Moreover, the provisions of the Chicago Convention do not answer the question regarding the legal nature of the Council as a dispute settlement body and the limits of its competence. The issue of the Council's competence has been considered twice by the International Court of Justice of the United Nations (hereinafter - ICJ). The judgments issued by the ICJ have not, in our view, resolved the existing legal problems but instead have contributed to further ambiguity. Furthermore, this topic has become especially relevant in light of the fact that in March 2022 the Netherlands and Austria initiated a dispute settlement procedure in the Council under Article 84 of the Chicago Convention against Russia for the downing of Malaysian civil aircraft in 2014. In these circumstances, the Council's de facto role in resolving international civil aviation disputes needs to be clarified. MATERIALS AND METHODS. This paper examines the provisions of the Chicago international legal regime governing dispute settlement in the Council. The authors also analyse the established State practice in the application of Chapter XVIII of the Chicago Convention. Particular attention is given to legal doctrine, where several international legal concepts emerge to resolve existing legal problems. The methodological basis consists of general scientific and special research methods, including analysis, synthesis, systematisation, as well as formal-legal, formallogical and critical-legal methods. RESEARCH RESULTS. The Council as a dispute settlement body has a dual legal nature. This is reflected in the fact that in procedural terms the Сouncil is similar to international judicial bodies in many aspects, but a number of features concerning the composition of the Council and the opportunity to appeal the decision issued prevent it from qualifying as a judicial body. This calls into question the power of the Council to issue legally binding deci-sions and the existence of its jurisdiction per se. State and Council practice also confirms that the Council under Chapter XVIII of the Chicago Convention acts as a mediator, which contrasts with the recent decision of the ICJ on the Qatar Air Blockade case, under which the Council has jurisdiction. Moreover, the Chicago Convention provides sanctions for non-compliance with Council decisions, which does not allow the Council to be considered as a mediator. Equally controversial was the ICJ finding that the Council, in settling disputes arising from the Chicago Convention (the Transit Agreement or other treaties), could examine issues outside their scope. DISCUSSION AND CONCLUSIONS. The unclear legal status of the Council as a dispute settlement body, which was promoted by the controversial decision of the ICJ on the Qatar Air Blockade case, makes the mechanism under Chapter XVIII of the Chicago Convention highly ineffective. It is doubtful that states, consistently seeking legal certainty, would initiate proceedings in the Council under the existing international legal framework. As a result of the analysis of international legal concepts that propose the modernisation of the Chicago Convention dispute settlement mechanism, the authors conclude that either the establishment of a permanent arbitral institution within the structure of ICAO or the modification of the text of Chapter XVIII of the Chicago Convention so that the ICAO Council would act only as a mediator would be the preferable options. The authors share the position of lawyers who point to the need to negotiate new universal international law norms in the field of air law.

Региональное сотрудничество в области безопасности полетов: международно-правовые вопросы

INTRODUCTION.Based on the analysis of documents and practice of numerous regional international organizations and other present-day forms of regional interstate cooperation in the area of aviation safety and aircraft accident investigation the article examines different international legal issues arising out of such cooperation, including, in particular, the legal nature, powers and membership of these regional international organizations.MATERIALS AND METHODS.The present research has been conducted on the basis of international air law treaties, constituent instruments and decisions of various regional international organizations, the ICAO documents, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS.On the basis of his research the author has been able to identify and classify all presentday forms of regional interstate cooperation in the area of aviation safety and aircraft accident investigation, define the legal nature of such forms, examine theoretical and practical international legal issues relating thereto as well as propose recommendations aimed at resolving these issues.DISCUSSION AND CONCLUSIONS.The advantages and the important role of regional cooperation of States in the area of aviation safety oversight and aircraft accident investigation are underlined in the article. However, despite the importance of such cooperation for enhancement of aviation safety, currently its development depends upon the successful resolution of the following problems: – improvement of international legal framework (e.g., international treaties, decisions of international organizations etc.), which governs establishment and functioning of aviation safety oversight and aircraft accident investigation regional international organizations and bodies, in particular, with the aim to expand their powers to perform more complex and important functions in the area of aviation safety oversight and accident investigation for their Member States (e.g., certification of aeronautical products and other civil aviation facilities, conducting full accident investigation etc.); – ensuring more sustainable funding for aviation safety oversight and aircraft accident investigation regional international organizations and bodies; – training of bigger number of aviation professionals performing inspectorial functions in the area of aviation safety oversight as well as aircraft accident and incident investigation functions; – limitation of cases of simultaneous membership of the same States in several aviation safety oversight and aircraft accident investigation regional international organizations. Resolving the problems mentioned above, in particular, on the basis of recommendations proposed in this article, will allow to increase the efficiency and attractiveness of different forms of regional cooperation in the area of aviation safety oversight and aircraft accident investigation for bigger number of States, as well as help to improve regional cooperation of the Russian Federation within the framework of the Eurasian Economic Union and the Commonwealth of Independent States in this area.

Private Law Aspects of Suborbital Flights: Second- and Third-party Liability and Insurance

Two companies carried private citizens to the edge of space in July 2021. Although suborbital flights have so far taken place within one jurisdiction—they start and end in the same state, do not pass through foreign airspace, or meet both criteria—they will become international when transportation between two points in different states via outer space becomes a reality. Inter- national law is ambiguous about the regulation of suborbital flights; neither international air law nor international space law explicitly apply. It is also unclear which organization or institution should be mandated with the international regulation of suborbital flights. The legal uncertainties must be solved to ensure a safe environment and a healthy industry. The characterization of suborbital flights as either aviation or spaceflight has important consequences, such as whether it concerns aspects of public law (e.g., safety) or private law (e.g., second- and third- party liability and insurance). This Article focuses on the latter—the private law issues of second- and third-party liability insurance against such liability in the fields of both air and space law, illustrating the differences between the two and underlining the need for a solution. When taking place within one jurisdiction, suborbital flights operating within a state’s territory are properly subject to state regulation through national law, as this would purely be a national activity falling within a state’s sovereign jurisdiction. Thus, states could decide to consider this activity as either aviation or spaceflight and apply air or space law accordingly. This may, however, lead to fragmentation and legal uncertainty. When flights become international by crossing borders on Earth, inter- national agreement about what law should govern suborbital flights becomes critical and should be developed in close cooperation between the International Civil Aviation Organization (ICAO) and the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). A new sui generis regime will likely borrow from both air and space law and insurance practices. Until such a regime under international law is adopted, national law will govern these issues. The only available model is U.S. law, which seems suitable for the short- to medium-term until an international regime emerges and the industry matures. This Article will analyze current regimes and formulate recommendations for the way forward. Pursuant to that analysis, this Article concludes that a new international agreement on the operation of suborbital flights is required. For the time being, national law, harmonized to the maximum extent, should pro- vide a solution. The Article further aims to identify relevant points for the establishment of national legislation and, in the longer term, an international agreement. Whether or not this will take the form of a legally binding instrument remains to be seen, although the latter seems more realistic in the current geopolitical context.

Some issues of responsibility in international air law in view of the Bodensee mid-air collision of 1 July 2002

Some issues of responsibility in international air law in view of the Bodensee mid-air collision of 1 July 2002

Ochrona materiałów z dochodzeń lotniczych przed nieograniczonym wykorzystaniem procesowym

The article discusses the issue of records collected in aircraft accidents and incidents investigations in regard to their use in other procedures. The author summarizes the present state of international, European and national air law relating to protection of safety investigation records. Manner in which such information may be used in particular proceedings is mentioned first. Further, the author presents directions of use of the records, as well as axiology of record protection and premises of their authorized disclosure. The text includes remarks concerning implementation of international and European rules in Poland and proposals de lege ferenda. Besides that, the author points out the differences as to the status of records gathered in civil and state safety investigations.

Revaluating aircraft leasing contracts in the pandemic era: navigating the challenges of invoking force-majeure by applying hardship under international commercial law

Majority of aircraft are acquired on leasing agreements, and the financial burden is on the lessor due to financing heavy equipment for the lessee in these agreements. Therefore, to ensure that the lessee fulfils his lease payment to the lessor, Hell or High-water clause is drafted in the contract.
 This enforces payment by the lessee irrespective of any circumstantial change which makes it difficult for the lessee to pay. However, due to the pandemic, the airlines have suffered from a severe cash crunch making it difficult for them to honor their upcoming contractual obligations.
 The airline companies are debating to invoke Force Majeure in these contracts to excuse nonperformance and avoid damages, but considering the development in Private International Air Law and nature of the contract, taking such measures will be difficult. This paper proposes to apply Hardship codified in the UNIDROIT Principle of International Commercial Contracts so that airlines can renegotiate the contract with the lessors instead of completely avoiding their contractual obligation. 
 This will provide breathing space to the lessee and also ensure his obligation towards the lessor is maintained during the pandemic.

Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development

The authors elaborate on one of the controversial issues of international air law - safety of civil aircraft in flight in respect of the use of weapons against it. The first part of the present article considers major aerial accidents arising from shooting down the civil aircraft for the last 70 years as a factual basis for further legal analysis. In the second part, the authors back up customary prohibition of the use of weapons against civil aircraft in flight and legal consequences for states for violating the mentioned principle. The authors investigate the grounds for the security exception and conclude that the only grounds for derogation from the principle of non-use of weapons against civil aircraft is Article 51 of the UN Charter proclaiming the inherent right of the state to self-defence. Even in this case, the application of the security exception by the state is tolerated by using a set of precautions before employment of weapons. Finally, authors conclude that compensation for victims reflects the inevitable monetisation of human lives. Moreover, states negotiations reveal the controversial reality of trade-offs between them, where compensation amounts are occasionally affected by external political factors and current position of a particular state in the international community.