LAW & POLICY course

International Aviation Law & Policy

Locations & Dates
Hoofddorp Netherlands
21 - 23 January 2019 Available
11 - 13 June 2019 Available
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€ 1290.00

Introduction

Managers working for an airline’s government & industry affairs department and their government civil aviation counterparts are faced with these and other questions, which this course aims to answer:

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’)? and 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? What role did the European Court play in the regulation of EU air transport? 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 importance of that nationality? What exactly is an open skies agreement? What is ‘metal neutrality’? What is a ‘Community carrier’? How does limited traffic rights are alocated? 

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

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.

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 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.

Locations & Dates
JAA TO Hoofddorp, NL Netherlands
21 - 23 January 2019 Available
11 - 13 June 2019 Available
€ 1290.00