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

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

3. airport

4. european airports in time of icelandic volcano erruption, 2010.

5. landing on hudson river, 2009.

6. 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. )

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

8. 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

9. 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)

10. 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

11. International aviation
global industry
approx 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.)

12. 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

13. chicago convention, 1944

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

15. 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 nationality: registration, certificates and licenses
rights of overflight and traffic rights*

16. traffic rights (freedoms)
right to use airspace of a country for offering air transport services
IASTA, (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)

17. 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

18. (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