Training courses

International Aviation Law & Policy Training Course

Introduction

Why and on what legal basis did the Netherlands (NL) Government object to Lufthansa Cargo ‘flower flights between Colombia and NL? Why took it so long for a Norwegian airline to get a US permit for its Dublin – New York operations? What are traffic rights (‘freedoms’)? Why is a treaty ‘required for an airline’s operations to a foreign destination? What is a Bermuda-type agreement? What are the dynamics (and pitfalls) of a bilateral negotiation? Why is everything different within the EU? Can a passenger get compensation for a delay or cancellation of his/her flight? Alliances and mergers amongst airlines, what is the role of governments (and the EU)? Can a State own and/or subsidize its national airline?  What is the relevance/importance of that nationality? What exactly is an open skies agreement? What is ‘metal neutrality’? How does a government allocate limited traffic rights? What is a ‘Community carrier’? What role did the European Court play in the regulation of EU air transport?

Managers working for an airline’s government & industry affairs department and their government civil aviation counterparts will unavoidably be faced with these and other questions and problems. Without knowing the background and rationale of the regulation of international transport, how can you confidently deal with new developments in the industry and with regulatory initiatives of the EU, ICAO or other entities? Or with unfair subsidization of some airlines? Or with restrictive policies and practices of foreign civil aviation authorities?
You need to know how the system works and how the stakeholders (may) react. You need to be prepared. So you can participate in the discussion; so you can devise proper responses to the (regulatory) challenges of today and tomorrow.

This 2,5 day course provides you with the background knowledge, up-to-date information and insight necessary for that purpose.
ity

Course Content

DAY 1

 

Part I The Chicago Convention System

a. The Chicago Convention of 1944:

  • Background & rationale
  • Main purposes & principles
  • System & overview of important provisions (incl. main Annexes)

b. ICAO – today’s tasks & responsibilities:

  • Safety
  • Security
  • Environment
  • Other

c. Economic regulation of international air transport:

  • Chicago Convention provisions
  • Multilateral Transit Agreement
  • Multilateral ‘Five Freedoms’ Agreement
  • The bilateral system

 

Part II Bilateral air transport agreements – commercial, political & ‘technical’ aspects

  • Bermuda I Agreement – background & rationale
  • Standard bilateral - Review of main provisions
  • Special issue: National ownership & control
  • Consequences of bilateral system (competition/trade/M&A)

 

DAY 2

 

Part III EU (economic) regulation of air transport

  • Origin/background – ECAC – JAA
  • EU regulatory system (Treaty of Rome +)
  • Intra-EU liberalization
  • EU competition law: application to state aid, mergers & acquisitions

 

Part IV US deregulation

  • Open Skies 1992
  • International alliances & antitrust law
  • Standard Open Skies agreement – review of main provisions
  • Recent developments (e.g. MALIAT, M&A, ’metal neutrality’)

 

Part V EU aviation relations with 3rd countries

  • 2002 Open Skies judgment of the European Court & Commission follow-up

 

DAY 3 (half day)

 

Part V EU aviation relations with 3rd countries (cont’d)

  • EU – US Air Transport Agreement 2007 + Protocol 2010
  • Horizontal agreements
  • EU and member States – coordination of external relations

 

(optional) test/exam

Learning Objectives

After completion of the course participants will have a clear understanding of the – system of - laws, policies and practices that apply to the economic and commercial aspects of international air transport, and of the roles, responsibilities and ambitions of its main stakeholders, such as airlines, national governments (US!), international organizations (ICAO, EU), airports and customers. The participants will also understand the background and contents of bilateral and multilateral air transport agreements and how competition rules affect cooperation and competition amongst airlines.

Who should take this course

  • CAA civil servants & (senior) managers involved in economic regulation of air transport
  • Government civil aviation managers responsible for international relations and (bilateral & multilateral) negotiations
  • Airline government & industry managers, responsible for bilateral air transport relations/agreements, EU regulatory affairs and ICAO (economic) relations
  • Airport managers responsible for airline relations & market access and airline alliance issues
  • Academics interested in public international aviation law & policy, aviation treaties, and the application of competition law to air transport

Pre-requisites

Some practical (regulatory or industry – based) experience in the field of international aviation and/or knowledge of the law and economics of air transport is desirable but not essential

Duration

2,5 days, starting at 9:15 on day one and two, and ending at 13:00 on day three.