AVS 254 Aviation Law - Sources of Intl Av Law P3 PDF

Welcome to AVS 254 Aviation Law Mr. Ramy El-Jabi 1 Abu Dhabi University Today We Create Tomorrow’s Success  Aviation Law Course Schedule Aviation Law – Sources of International Aviation Department of Aviation 2 Law - Part 3 (...

Welcome to AVS 254 Aviation Law Mr. Ramy El-Jabi 1 Abu Dhabi University Today We Create Tomorrow’s Success  Aviation Law Course Schedule Aviation Law – Sources of International Aviation Department of Aviation 2 Law - Part 3 (04a) Fall Semester 2024  Aviation Law Sources of International Aviation Law - Part 3 Aviation Law – Sources of International Aviation Department of Aviation Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Agenda  Definitions and Terminology  Public International Aviation Law  Private International Aviation Law  Domestic Aviation Law Aviation Law – Sources of International Aviation Department of Aviation 4 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ Mechanisms for Granting Freedoms of the Air: ✓ ‘Five Freedoms’ Agreement ✓ ‘Two Freedoms’ Agreement (IASTA) ✓ Bilateral Air Service Agreements ✓ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 5 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ Mechanisms for Granting Freedoms of the Air: ✓ ‘Five Freedoms’ Agreement ✓ ‘Two Freedoms’ Agreement (IASTA) ✓ Bilateral Air Service Agreements ✓ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 6 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Complete Freedom vs Degrees of Regulation  USA → ✓ advocated for complete ‘freedom of the air’ for commercial air transportation  Britain → ✓ proposed varying degrees of international regulation → supported by all nations of the British Empire Aviation Law – Sources of International Aviation Department of Aviation 7 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → The Freedoms of the Air  The Five Freedoms:  The Four additional “so-called” Freedoms: Aviation Law – Sources of International Aviation Department of Aviation 8 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → The Freedoms of the Air  The five freedoms can be summarized as follows: 1. The freedom of Country A’s aircraft to overfly other countries 2. The freedom of Country A’s aircraft to land in other countries for non-traffic purposes → e.g. fuel or repairs. Aviation Law – Sources of International Aviation Department of Aviation 9 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → The Freedoms of the Air 3. The freedom of Country A to deliver traffic from Country A to other countries 4. The freedom of Country A to pick up from other countries traffic destined for Country A 5. The freedom of Country A’s aircraft to pick up and discharge traffic between other countries (Country B and Country C) on multi-sector journeys which originate/terminate in Country A Aviation Law – Sources of International Aviation Department of Aviation 10 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → The Freedoms of the Air  ICAO refers to the remaining four ‘freedoms’ as being ‘so-called’ freedoms → Since only the first five ‘freedoms’ have been officially recognized by international treaties  The Five Freedoms Video: ▪ https://www.youtube.com/watch?v=thqbjA2DC-E Aviation Law – Sources of International Aviation Department of Aviation 11 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ Mechanisms for Granting Freedoms of the Air: ✓ ‘Five Freedoms’ Agreement ✓ ‘Two Freedoms’ Agreement (IASTA) ✓ Bilateral Air Service Agreements ✓ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 12 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanisms for Granting of Freedoms  Article 1 of the Chicago Convention ✓ Restated and reinforced the principle of absolute air sovereignty: → contracting states recognize that every state has complete and exclusive sovereignty over the airspace above its territory  Specific agreements are required for granting: ✓ Air transit and traffic rights between contracting states → as was the status quo under the Paris Convention Aviation Law – Sources of International Aviation Department of Aviation 13 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ Mechanisms for Granting Freedoms of the Air: ✓ ‘Five Freedoms’ Agreement ✓ ‘Two Freedoms’ Agreement (IASTA) ✓ Bilateral Air Service Agreements ✓ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 14 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: ‘Five Freedoms’ Agreement  The ‘Five Freedoms’ Agreement → i.e. the International Air Transport Agreement ✓ only 20 states signed in Chicago – including the USA ✓ not all subsequently ratified  Only a handful of South American countries and countries with minimal aviation infrastructure signed → they had more to gain by air alliance with the USA than any loss of fifth freedom rights Aviation Law – Sources of International Aviation Department of Aviation 15 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ Mechanisms for Granting Freedoms of the Air: ✓ ‘Five Freedoms’ Agreement ✓ ‘Two Freedoms’ Agreement (IASTA) ✓ Bilateral Air Service Agreements ✓ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 16 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: ‘Two Freedoms’ Agreement (IASTA)  All scheduled international air services must acquire prior permission before flying into or over foreign territories → According to the Chicago Convention  Most states signed the IASTA to reduce the complexity with regard to scheduled international air services: ✓ International Air Services Transit Agreement → or…“Transit Agreement” → or…“Two Freedoms Agreement” Aviation Law – Sources of International Aviation Department of Aviation 17 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: ‘Two Freedoms’ Agreement (IASTA)  Accepted by over 130 states → originally signed by 32 states at the Chicago Convention Aviation Law – Sources of International Aviation Department of Aviation 18 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: ‘Two Freedoms’ Agreement (IASTA)  IATSA does not specifically require contracting states to obtain a permit prior to exercising transit or non-traffic stopovers → the filing of flight plans for operational purposes is usually enough to provide the requisite safety, technical and security information  It is at the contracting state’s discretion whether or not to adhere to the Transit Agreement  Bilateral agreements can include terms exchanging these two freedoms → this can be an alternate arrangement for overflight rights where one or both states are not party to the multilateral agreement Aviation Law – Sources of International Aviation Department of Aviation 19 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanisms for Granting of Freedoms  All the delegates agreed that some degree of regulation was needed → but no general consensus apart from agreement on the first two freedoms 1. The freedom of Country A’s aircraft to overfly other countries 2. The freedom of Country A’s aircraft to land in other countries for non- traffic purposes → e.g. fuel or repairs Aviation Law – Sources of International Aviation Department of Aviation 20 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanisms for Granting of Freedoms  It was hoped that the other freedoms might be settled on a multilateral basis → but not practicable since more powerful nations stood more to gain through multilateral arrangements Aviation Law – Sources of International Aviation Department of Aviation 21 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanisms for Granting of Freedoms  Result:  The free market approach was not acceptable → i.e. complete sovereignty  Multilateral approaches were not practicable → e.g. ‘five freedoms’ agreement ✓ Bilateral Service Agreements → the only other way to secure international air travel consensus Aviation Law – Sources of International Aviation Department of Aviation 22 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ Mechanisms for Granting Freedoms of the Air: ✓ ‘Five Freedoms’ Agreement ✓ ‘Two Freedoms’ Agreement (IASTA) ✓ Bilateral Air Service Agreements ✓ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 23 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: Bilateral Air Service Agreements  IASTA addresses the first two freedoms  Bilateral air service agreements (‘bilaterals’) are negotiated in respect of the other ‘freedoms’ → just as they were prior to the Convention  Such bilateral agreements are often the source of a significant proportion of international air disputes Aviation Law – Sources of International Aviation Department of Aviation 24 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: Bilateral Air Service Agreements  It is estimated that as many as 3,500 bilateral agreements currently exist throughout the world  But the trend of governments is towards a more liberalized approach to international aviation policy → This has resulted in more ‘open skies’ agreements, particularly bilateral ‘open skies’ agreements  Such agreements have been established between: ▪ USA and Canada → 1995 Open Skies Agreement ▪ Australia and New Zealand ✓ Single Aviation Market (SAM) in the 1996 ✓ Open Skies agreement in 2002 Aviation Law – Sources of International Aviation Department of Aviation 25 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ Mechanisms for Granting Freedoms of the Air: ✓ ‘Five Freedoms’ Agreement ✓ ‘Two Freedoms’ Agreement (IASTA) ✓ Bilateral Air Service Agreements ✓ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 26 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: Multilateral Open Skies Agreements  The primary rationale for open skies arrangements is economic  Open Skies promote greater airline productivity by: ✓ Opening up routes to competition ✓ Allowing more scope for airlines to serve particular routes Aviation Law – Sources of International Aviation Department of Aviation 27 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: Multilateral Open Skies Agreements  Competition places greater pressure on airlines to lower costs → which are ultimately passed on as cost savings to passengers  Additional flexibility in operations and route development → enables airlines to further reduce costs  Low-cost carriers (LCCs) gain most from a more liberalized environment → As shown by the European experience Aviation Law – Sources of International Aviation Department of Aviation 28 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: Multilateral Open Skies Agreements  The EU’s open skies market is by far the most comprehensive in any region  It has essentially created a single aviation market in the EU since January 1993  Example: Allows an Irish-owned airline operating out of the UK to offer services between Spain and Italy Aviation Law – Sources of International Aviation Department of Aviation 29 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: Multilateral Open Skies Agreements  The EU–US open skies agreement → another very significant open skies agreement covering civil aviation traffic between two of the world’s three biggest markets Aviation Law – Sources of International Aviation Department of Aviation 30 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Public Intl Aviation Law → Mechanism: Multilateral Open Skies Agreements  In Asia → the world’s fastest growing aviation market: ▪ Association of Southeast Asian Nations (ASEAN)’s open skies arrangement: → ASEAN Single Aviation Market – ASEAN-SAM Aviation Law – Sources of International Aviation Department of Aviation 31 Law - Part 3 (04a) Fall Semester 2024  Sources of International Aviation Law - Part 3 Questions? Aviation Law – Sources of International Aviation Department of Aviation 32 Law - Part 3 (04a) Fall Semester 2024  Aviation Law Thanks for Your Attention Aviation Law – Sources of International Aviation Department of Aviation Law - Part 3 (04a) Airbus A320 | Fall Semester 2024