International Air law Selected issues dr. Iva Savić Department for maritime and transport law zagreb march, 2nd 2017

INTERNATIONAL AIR LAW Lecture 1/3 definition aviation market sources traffic rights and organization of international air transport

airport

european airports in time of icelandic volcano erruption, 2010.

landing on hudson river, 2009.

what is “air law” regulating? legal regime of air space legal status of aircraft air navigation and air transport air transport services and market (incl. conditions for entering it : licences etc. )

International air law Private Public Transport/Carriage contracts Tort & Extra contractual liability Aircraft finance Public Safety Security Air navigation Environment

sources of international air law customs treaties (and other international agreements): Paris Convention of 1919 Warsaw Convention of 1929 Chicago Convention of 1944 Geneva Convention of 1948 Rome Convention of 1952 Tokyo Convention of 1963 Hague Convention of 1970

sources of international air law (cont.’d) Montreal Convention of 1971 Montreal Convention of 1999 Cape Town Convention of 2001 Montreal Convention of 2009 (not in force) Beijing Convention of 2010 (not in force) Montreal Protocol, 2014 (not in force)

sources of international law (cont.’d) 3. ICAO’s Standards and Recommended Practices (SARPs) 4. EU aviation acquis 5. National legislation (incl. practice and procedures)+ 6. Case law

International aviation global industry approx. 35 000 direct routes, 38 miillion flights and 2,8 billion passengers (2011) safest mode of transport under strong influence of economic and political situation (industry growth, service demand, oil prices etc.)

Evolution / transformation of air transport Regulation vs air traffic market Evolution: protection of national carriers > liberalization, open skies, competition Liberalization= privatizing airlines, privatizing infrastructure… Internationally? > bilateral Agreements Air transport remains national public service industry

chicago convention, 1944

principal achievements of chicago convention it recognized and codified certain principles of substantive public international law it established an international aviation organization (ICAO)

basic principles of international aviation law art. 1 national sovereignty over airspace art. 6 concessionary principle – “forbidding” free market access to other state parties art. 17-21 nationality: registration, certificates and licenses rights of overflight and traffic rights*

traffic rights (freedoms) right to use airspace of a country for offering air transport services IASTA, 1944. (transit agreement) - 130 state parties – multilateral agreement– all parties mutually (so-called technical freedoms) > first - right to overfly a territory (air space) of another country without landing on its territory > second - right to overfly a territory (air space) of another coutry including right to land for non-traffic purposes (e.g. fuel supply)

traffic rights (freedoms) IATAg, 1944. - intended as multilateral but failed (only 11 state parties) > commercial air freedoms still being regulated in bilateral agreements (!) third – right to put down, in the territory of other State, traffic coming from the home State of the carrier  fourth – right to take on, in the territory of other State, traffic destined for the home State of the carrier fifth – right to put down and take on, in the territory of other State, traffic coming from or destined to a third State

(bilateral) air service agreements individual negotiations– agreeing on all aspects important for establishing air transport between two countries: market access, designation, routes, capacity, frequency, tarifs etc. first bermuda (UK-USA), 1946 widely accepted model Open skies agreements EU model of comprehensive air trnaposrt agreements