9/5-6 – Cape Town Convention Conference at Oxford
As he begins the final year of his fellowship at the University of Oxford, Professor Brian Havel addressed the first annual conference of Oxford’s Cape Town Academic Project. The Project’s purpose is to advance the study and aims of the Cape Town Convention on International Interests in Mobile Equipment and its aircraft protocol. Prof. Havel lectured on how to use the Convention when teaching a course on Public International Law. In connection with his presentation, Professor Havel created a course module and teacher's manual entitled "Introduction to the Cape Town Convention and the Aircraft Protocol." John Mulligan, IALI's FedEx/United Resident Research Fellow, helped to prepare the materials and traveled to Oxford to assist in the presentation.
7/9 – Royal Aeronautical Society Lecture
IALI Director Brian Havel delivered the lecture at the Royal Aeronautical Society’s annual Air Law Summer Reception in London. Entitled “Is it all just politics? The ETS Controversy, the Rise of Unilateralism, and the Future of International Aviation Law,” the lecture covered the controversy surrounding the European Union’s extension of its Emissions Trading Scheme to foreign airlines. Prof. Havel discussed how the ETS has exposed the tension between the unilateralist inclinations of States burdened by their domestic responsibilities and the cooperative multilateral regime necessary to a functional international aviation system.
5/25 – "Key Issues in International Aviation Law" Workshop
For the fourth year, the International Aviation Law Institute, along with DePaul Law’s Asian Legal Studies Institute and Beihang University Law School hosted an academic exchange on the Beihang campus in Beijing, PRC. This year’s event was an informal workshop on legal and policy issues related to the inclusion of foreign airlines in the European Union's Emissions Trading Scheme (ETS). Workshop participants included Susan Kurland, Assistant U.S. Secretary of Transportation for Aviation and International Affairs, and Julie Oettinger, Assistant Administrator, Office of Policy, International Affairs and Environment, U.S. Federal Aviation Administration. Both officials proclaimed the United States' commitment to the goal of aviation emissions reduction, but emphasized that the government's position was that an emissions reduction agreement needed to be negotiated through the International Civil Aviation Organization (ICAO).
John Mulligan, the Institute’s FedEx-United Airlines Resident Research Fellow, delivered the first presentation, a summary of the paper he co-authored with Professor Brian Havel, The Triumph of Politics: Reflections on the Judgment of the Court of Justice of the European Union Validating the Inclusion of Non-EU Airlines in the Emissions Trading Scheme. The presentation focused on the many unsettled legal questions persisting after the Court of Justice ruling, and expressed dismay at the inability of international law to help solve what has become a primarily political dispute. His presentation was followed by a discussion period moderated by John Byerly, former U.S. Deputy Assistant Secretary for Transportation Affairs.
The second half of the workshop featured separate presentations by Professor Li Bin, Associate Director of Beihang's Institute of Space Law and Institute of Aviation Law, and Professor Yang Caixia, also of Beihang. Professor Li highlighted a few of the foremost legal issues connected to the dispute and questioned how effective the scheme will be in achieving its aviation emissions reduction goals. Professor Yang discussed the disparate impact the ETS’s use of 2005 emissions levels as benchmarks might have on States such as China, which have rapidly growing aviation sectors.
5/7 – Havel Lectures at Leiden Institute
IALI Director Brian Havel visited Leiden University in The Netherlands and lectured to faculty and students at Leiden’s International Institute of Air & Space Law on May 7. The topic of his lecture was the approval of transatlantic alliances in the context of open skies agreements, in particular the EU-U.S. open skies agreement. Following the lecture, Professor Havel answered questions and participated in an informal discussion session.
4/12 – A Conversation with Jeffrey N. Shane
Today, the International Aviation Law Institute conducted the sixth interview in its "Conversations with Aviation Leaders" oral history project on airline deregulation. IALI's distinguished guest for the interview was Jeffrey N. Shane. Now a partner in the Washington, DC office of Hogan Lovells, Mr. Shane served five tours of duty with the U.S. Departments of Transportation and State. Most recently, from 2002 to 2008, he was Associate Deputy Secretary and then Under Secretary for Policy, both presidentially appointed positions. Recognized for his role in forging an Open Skies aviation policy for the United States, he also focused government attention on more effective ways of financing transportation infrastructure, raised the visibility of intermodal freight movements and logistics on the national policy agenda, and devoted significant efforts to addressing the implications of climate change for the transport sector. Finally, he championed the launch of the “NextGen” transformation of the U.S. air traffic control system, the acceleration of GPS modernization, and other vital technology initiatives to enhance both the efficiency and security of transportation. In September 2007 he was elected President of the triennial Assembly of the International Civil Aviation Organization, the first American to serve in that position since 1959.
Mr. Shane is the recipient of Aviation Week's L. Welch Pogue Award for lifetime achievement in aviation.
Professor Brian F. Havel, IALI Director, was Mr. Shane’s Interlocutor.
The "Conversations" oral history series focuses on interviewing those who have shaped the public law and policy of the airline industry during the age of global deregulation. Interviews with Michael E. Levine, Alfred E. Kahn, Robert L. Crandall, John R. Byerly, and Gerald L. Baliles have been completed, and our plans call for continuing the series with an interview at least once a year.
4/5 – An Institutional Defense of Antitrust Immunity for International Airline Alliances
In a forthcoming article, Gabriel Sanchez, the Institute’s Senior Research Fellow, argues that critiques of the DOT's immunization practices for international airline alliances – on economic or legalistic grounds – fail to account for institutional variables such as the Department’s epistemic advantages in setting and executing international aviation trade policy; as such they promote an unrealistic and normatively undesirable belief that the DOT ought to forego these policy goals in order to maintain some proposed notion of conceptual fidelity, economic or legalistic. The article also considers possible reforms to the DOT’s immunization powers and procedures which emanate from these critiques and highlights their institutional deficiencies. The article, An Institutional Defense of Antitrust Immunity for International Airline Alliances, will be published in the first issue of the 62nd volume of the Catholic University Law Review. Additionally, Sanchez’s essay, "In Defense of Incrementalism for International Aviation Emissions Regulation," will appear in the 53rd volume of the Virginia Journal of International Law Digest. The piece builds off of Sanchez's prior work on emissions regulation on an incremental global regime for reducing the airline industry’s carbon footprint by critiquing both the unilateral approach to emissions regulation (as represented by the European Union) and the ambitious, and arguably unrealistic, multilateral track promoted by the International Civil Aviation Organization.
4/3–4 – John R. Byerly, Scholar-in-Residence
John R. Byerly, formerly the State Department's longest-serving Deputy Assistant Secretary for Transportation Affairs, was the Institute's IALI's distinguished guest and Scholar-in-Residence during the first week of April. Mr. Byerly lectured and answered students’ questions in two classes, International Trade Law and Public International Aviation Law, both taught by IALI Senior Research Fellow and Adjunct Professor Gabriel Sanchez. Following the International Trade Law class, the Institute hosted a reception, during which Mr. Byerly engaged with students and shared his views on international aviation, diplomacy, and his long career at the State Department. From 2001 until his retirement from government service, Mr. Byerly was the lead U.S. negotiator for air transport agreements, including the landmark U.S.-EU Open Skies agreement and the U.S.-Japan air transport agreement.
3/31 – First "Conversations" Interviews Published
The first three interviews in the Institute’s acclaimed “Conversations with Aviation Leaders” oral history project – Michael E. Levine, the late Dr. Alfred E. Kahn, and Robert L. Crandall – have been transcribed and published in a Special Edition of IALI’s journal, Issues in Aviation Law and Policy. The “Conversations” project explores the origins, history, and record of U.S. airline deregulation as told through the voices and memories of its participants. IALI Director Brian Havel opens the Special Edition with a detailed letter describing the project and the interviews that follow. Although a webcast of each “Conversations” interview is permanently available on the Institute’s website, transcripts had not been available until now. The Institute plans to publish future Special Editions of the journal containing additional transcripts from the project.
3/1 – New Article in Air & Space Law
A new article by IALI Director Brian Havel and FedEx/United Airlines Resident Research Fellow John Mulligan, The Triumph of Politics: Reflections on the Judgment of the Court of Justice of the European Union Validating the Inclusion of Non-EU Airlines in the Emissions Trading Scheme, is the lead article in the current issue of Air and Space Law. The article critiques the CJEU's judgment in case C-366/10 Air Transport Association of America v Secretary of State for Energy and Climate Change.
2/7 – IATA Legal Symposium
At the 2012 IATA Legal Symposium held in Shanghai, IALI Director Brian Havel participated on a panel of legal and finance experts discussing business models and investment for the future of the airline industry.
2/2 – EUtopia Law Post
EUtopia Law, a blog devoted to developments in EU law, published Flying too high? Extraterritoriality and the EU Emissions Trading Scheme: The Air Transport Association of America Judgment, written by IALI Director Brian Havel and FedEx/United Airlines Resident Research Fellow John Mulligan. The piece analyzes and discusses the Court of Justice of the European Union (CJEU) judgment in Case C-366/10, Air Transport Association of America and Others v Secretary of State for Energy and Climate Change.
1/11 – Academic Program
For the Spring semester, Gabriel Sanchez, IALI Senior Resident Research Fellow and Adjunct Professor, is teaching two courses to the College of Law's J.D. and LL.M. students. The Public International Aviation Law course explores the laws, regulations, and policy choices affecting the complex world of global air transport and considers such topics as air traffic rights, aviation safety and security, economic regulation of airlines, and the dynamics of the U.S./EC Air Transport Agreement. The International Trade course explores the laws, policies, and economics which shape the global trade system. Particular emphasis is paid to the structure and jurisprudence of the World Trade Organization.
12/30 – EU’s New Rules for Airline Emissions
John Mulligan, the Institute’s FedEx/United Airlines Resident Research Fellow, discussed reactions by the U.S. and China to the European Union’s Emissions Trading Scheme on “Living on Earth,” NPR’s environmental program.
11/4 – 23rd Annual EALA Conference
Institute Director Brian F. Havel spoke at the 23rd annual European Air Law Association conference in Rome earlier today. Professor Havel was assigned to a panel on EU-Russia air transport relations that included former U.S. Department of State negotiator John Byerly, Carlos Mestre of the EU Commission, and former Meridiana Fly CEO Massimo Chieli. His speech analyzed the rule of law in EU-Russia air transport relations with an emphasis on air space sovereignty. He discussed the long-festering issue of Siberian overflight charges which the EU has repeatedly argued exceed the air services charges permissible under Article 15 of the Chicago Convention. The EU hopes the issue is nearing resolution based on promises obtained from Russia earlier this month to finally implement the terms of an agreement that was reached in 2006. Professor Havel proposed that the overflights issue should not be viewed in isolation but contained disturbing similarities to the current dispute over the EU's attempts to extend its emissions regulations to foreign carriers. Both controversies involve attempts to leverage control over sovereign airspace to serve domestic interests, a pattern of practice that could threaten the international comity and expectation of First Freedom rights upon which a healthy international aviation system depends.
10/24 – "Aerotropolis" Author Kasarda Visits IALI
The Institute, in collaboration with DePaul University's Chaddick Institute for Metropolitan Development, hosted Professor John Kasarda, author of the book "Aerotropolis: The Way We'll Live Next," at the IALI Sixth Anniversary Luncheon on October 24. A crowd of nearly 100 heard Professor Kasarda, Director of the Kenan Institute of Private Enterprise at the University of North Carolina at Chapel Hill, discuss his controversial aerotropolis concept, which has been cited by Time Magazine as "one of the ten ideas that will change the world."
Professor Kasarda discussed how aviation advancements, overnight shipping, and global networks have transformed the way that we do business and therefore, have begun to change the way that we think about and build our cities. As more aviation-oriented businesses are locating to so-called "airport cities," office, commercial, and even residential development has started to emerge around airports and along corridors connecting city centers to these airports. Professor Kasarda pointed to cities such as Zuidas in The Netherlands and Las Colinas in Texas, where these aviation clusters and development patterns already exist. Afterward, he and IALI Director Brian F. Havel conducted a lively question and answer session.
10/10-11 – Havel Advises WEF Council
Institute Director Brian F. Havel served as the academic advisor to the World Economic Forum's Aviation, Travel, and Tourism Council which met in Abu Dhabi on October 10 and 11 as part of the Forum's 2011 "Summit on the Global Agenda." The Summit assembled 79 specialist Councils and over 700 global experts for two days of creative analysis of critical trends and new conceptual models in preparation for the Forum's plenary annual gathering in Davos in January 2012. Among the new models considered by Professor Havel's Council was the development of a globally interoperable "e-visa" program to encourage growth and efficiency in the travel and tourism sectors.
9/23 – A Conversation with Gerald L. Baliles
Today, the International Aviation Law Institute conducted the fifth interview in the series, "Conversations with Aviation Leaders," IALI's oral history project on airline deregulation. IALI's distinguished guest for the interview was the Honorable Gerald L. Baliles, former legislator, Attorney General, and Governor of Virginia. The Baliles administration was nationally known for its strong commitment to transportation and international outreach. In 1993, Governor Baliles was selected by President Clinton to chair the National Commission to Ensure a Strong Competitive Airline Industry. He also served as Chairman of PBS for multiple terms, and has served on numerous civic and corporate Boards. For many years, he chaired the section on international law and practiced aviation law as a partner at Hunton and Williams. Currently, Governor Baliles is Director and CEO of the Miller Center, a nonpartisan institute based at the University of Virginia that seeks to expand understanding of the presidency, policy, and political history, providing critical insights for the nation’s governance challenges. He holds honorary degrees from eleven institutions of higher education.
Governor Baliles’ interlocutor for the event was IALI Advisory Board Member Gregory O. Principato, President of Airports Council International-North America. Mr. Principato’s involvement in aviation and transportation infrastructure issues spans nearly 30 years. After working on transportation matters for Senators Joe Biden and J. Bennett Johnson, he joined Governor Baliles’ administration, where he worked on the transfer of Reagan National and Washington Dulles airports from the federal government to the Metropolitan Washington Airports Authority, worked to increase international service at Dulles, and worked with governors of other states on transportation issues through the National Governors’ Association. Later, he served as Executive Director of the 1993 National Commission to Ensure a Strong Competitive Airline Industry. In the years since, Mr. Principato has worked on a wide variety of aviation issues, from a U.S.-Japan Air Services Agreement, to developing a global standard for aircraft noise, to coordinating the development of broad-based coalitions.
9/22 – IALI Meets with CAAC Delegation in Chicago
Institute faculty and staff hosted a breakfast for a delegation of visiting officials from the Civil Aviation Administration of China (CAAC). The two sides discussed future opportunities for cooperative and educational programs in the U.S. and China. The officials stopped in Chicago while on their way to Washington, DC, for talks with their U.S. government counterparts.
9/16 – Faculty Article Draws Strong Media Attention
A new article by Brian Havel and Gabriel Sanchez, “Toward a Global Aviations Emissions Agreement” was featured in a detailed lead story by GreenAir, an independent analytical and news website dedicated current issues surrounding aviation and its impact on global warming and the environment. Havel and Sanchez’s article, which will be published in the 42nd volume of the Harvard Environmental Law Review, is the first to propose a sectoralized treaty to reduce the emissions produced by international civil aviation by relying on the sector’s preexisting institutional and legal machinery, while also taking pragmatic and normative constraints into account. The GreenAir story also features additional commentary by Sanchez concerning the ongoing political and legal controversy surrounding the European Union’s plan to bring non-EU airlines under its Emissions Trading Scheme beginning in January 2012. The GreenAir story is available here.
9/1 – Institute Welcomes New FedEx/United Airlines Resident Research Fellow
A warm welcome to John Q. Milligan, our 2011-12 FedEx/United Airlines Resident Research Fellow. John received his undergraduate degree the University of Wisconsin-Madison, and worked in broadcasting, print, and electronic publishing before attending the College of William and Mary School of Law in Williamsburg, Virginia. In law school, he was appointed as a Graduate Research Fellow and served as Notes Editor for the William & Mary Bill of Rights Journal. John’s predecessor, Gabriel Sanchez, has been named IALI Senior Research Fellow and will continue to participate in the Institute’s educational and research initiatives.
8/30 – Havel Named to World Economic Forum Post
Professor Havel, a member of the World Economic Forum’s Council on Aviation, Travel and Tourism, participated in the Council’s first “virtual” meeting while in Montreal. He co-chaired the “regulatory framework” discussion and presented a White Paper discussing the role of the Chicago Convention in international air transport liberalization.
8/29-9/2 – IALI Director Teaches International Air Law Class in Montreal
Institute Director Brian Havel taught the class "International Air Law for Lawyers and Legal Professionals" to a select group of professionals from around the world at the headquarters of the International Air Transport Association (IATA) in Montreal, Canada. The week-long course covered the entire landscape of aviation law, including the Chicago Convention; bilateral air services agreements; air carrier liability under the Warsaw and Montreal Conventions; and the regulation of international air transport in the European Union. The course lectures form the basis for a new casebook-treatise currently being completed by Professor Havel and the Institute's FedEx/United Airlines Resident Research Fellow, Gabriel Sanchez.
5/25 – Third Annual "Key Issues in International Aviation Law" Conference
The third annual "Key Issues in International Aviation Law" conference, held in Beijing, featured speeches and presentations by top U.S. and Chinese civil aviation officials, as well as industry stakeholders from the U.S. and the Asia-Pacific region. Sponsored by IALI, DePaul Law's Asian Legal Studies Institute, and BeiHang University School of Law, the conference is designed to promote better understanding of U.S. and Chinese perspectives on civil aviation issues by providing an informative and frank exchange of views. Among the speakers were Krishna Urs, U.S. Deputy Assistant Secretary of State for Transportation Affairs, John R. Byerly, Mr. Urs' immediate predecessor at the State Department, IALI Director Brian Havel, and Li Jiangmin, Director General, International Affairs, Civil Aviation Administration of China. More than 150 people, including a contingent of DePaul Law students and faculty members, attended the all-day event on the BeiHang University campus.
5/16-26 – Professor Jacobs Speaks in China and Singapore on Competition Law
IALI Co-Director Michael Jacobs presented a series of five lectures in China and Singapore this month, covering a variety of topics dealing with competition and anti-monopoly law. On May 16, Professor Jacobs gave a lecture at the East China University of Law and Politics in Shanghai entitled "Comparing the Development of U.S. Antitrust Law with the Development of the Chinese Anti-Monopoly Law." The following day, he spoke, also in Shanghai, to the Australian Chamber of Commerce, on "Recent Regulatory and Enforcement Developments Regarding the Anti-Monopoly Law." On May 23, in Singapore, Professor Jacobs addressed the Singapore Aviation Authority with a presentation entitled "The Largest Cartel Ever: the Airlines' Fuel Surcharge Conspiracy." On May 25, he spoke to the Competition Commission of Singapore and the Intellectual Property Office on "Four Controversial Issues at the Intersection of IP and Competition Law." Finally, on May 26, Professor Jacobs addressed the Singapore antitrust bar as part of the Drew and Napier Distinguished Speaker series. His presentation was entitled "The Latest Developments from China: The Anti-Monopoly Law as a Tool of Industrial Policy."
5/16 – IALI Cited as Contributing Partner to World Economic Forum Report
The Institute has been cited as a Contributing Partner to the World Economic Forum's new report, Policies and Collaborative Partnership for Sustainable Aviation. The report, which developed from a year-long consultation among airline industry leaders, government officials, academics, and non-governmental communities on measures to decrease aviation CO2 emissions, will inform the ongoing environmental policy discussions taking place under the auspices of the U.N. and the International Civil Aviation Organization (ICAO). As part of the partnership, the Institute submitted a detailed white paper discussing the international political and legal challenges to reducing aviation emissions through so-called "Market Based Measures" such as taxes or cap-and-trade systems.
4/12-13 – EU Forum on Transatlantic Airline Competitiveness
IALI Director Brian Havel addressed the European Commission's inaugural EU Forum on Transatlantic Airline Competitiveness, which convened in Washington D.C. on April 12 and 13. The aim of the Forum was to further develop the understanding of issues relating to the U.S./EU aviation relationship after the 2007 U.S./EU air transport agreement and the subsequent 2010 second stage protocol. Professor Havel's address, "The Emerging Lex Aviatica," described a public/private process of law and policy whereby governments and airlines have been engaged in a continuing liberalization of the regulatory order for the global air transport industry. In particular, he analyzed an apparent "destabilization" of the nationality clause in bilateral air services treaties. This clause, by which a State has the right to deny access to any airline of another State which is not "substantially owned and effectively controlled" by citizens of that other State, is increasingly subject to official waiver (or even complete disregard). Professor Havel provided numerous examples of this process of waiver, notably in the development of transnational airlines in Latin America.
Professor Havel also participated in a panel, "Globalizing the Air Transport Industry," which was chaired by Jeff Shane, former Undersecretary for Policy, U.S. Department of Transportation. Also featured were John Byerly, chief U.S. negotiator for the 2007 and 2010 U.S./EU agreements [In October 2010, Mr. Byerly was interviewed for IALI's "Conversations with Aviation Leaders" oral history series. Click here to view the interview], Professor Pablo Mendes de Leon, Director of the International Institute of Air and Space Law at Leiden University, William Swelbar, research engineer at the MIT International Center for Air Transportation, and Dr. Kostas Iatrou, co-founder and partner of AirConsulting.
4/9 – EALA Annual Board Meeting
Professor Havel attended the Annual Meeting of the Board of the European Air Law Association (EALA) in Bologna, Italy on April 9. One of the chief purposes of the meeting was to plan the 23rd Annual EALA Conference in Rome, Italy, on November 4, 2011. The meeting agreed a tentative agenda for the Conference.
3/31-4/1 – SMU Air Law Symposium
On March 31 and April 1, Professor Havel and IALI Executive Director Steve Rudolph attended the 45th annual SMU Air Law Symposium in Dallas. Professor Havel and Executive Director Rudolph also met with Southern Methodist University Law Dean John Attanasio and leaders of the Symposium and the Journal of Air Law & Commerce to discuss areas of future collaboration between SMU and the Institute.
3/30 – State Department Reception
On March 30, IALI Director Brian Havel, former Transportation Secretary Norman Mineta, and a select group of invited guests attended a State Department ceremony in Washington to commemorate the negotiation of air services agreements between the U.S. and 100 "Open Skies" partners. Secretary of State Hillary Rodham Clinton addressed the ceremony, acknowledging the benefits of the open skies agreements and recognizing those whose efforts made them possible.
3/14 – Innovation and Competition Law
In a speech delivered to the Competition Law Seminar at the National University of Singapore, IALI Co-Director Michael Jacobs discussed the intellectual shift away from the traditional view that competition law and intellectual property law serve at cross-purposes. According to Professor Jacobs presentation, the two bodies of law now are seen as complementary means of achieving the same important goal: maximizing consumer welfare through the protection of the competitive process, a process that encourages and depends upon innovation. After discussing the reasons behind the shift, he gave timely and practical examples of how competition law has, and can, foster innovation by the proper application of customary antitrust principles to the new sets of issues often raised in "innovation" markets and by innovative firms.
3/10 & 3/24 – Star Alliance Leadership Meetings
IALI Director Brian Havel addressed leaders of the Star Alliance network on two occasions – in Frankfurt on March 10 (the Star Alliance legal department) and in Lisbon on March 24 (an audience of Star Alliance senior executives). While both presentations carried a rather all-encompassing title, "The State of the Airline Industry," Professor Havel concentrated on three topics at each session – the prospects for an alliance system that depends on antitrust immunity and a benign regulatory environment; the competitive implications of the rise of the Gulf carriers, notably Emirates; and the pending incorporation of non-EU airlines into the European Union's controversial Emissions Trading Scheme.
3/1 – Price-Signaling Laws Fraught with Danger
Today's Australian Financial Review, a daily newspaper of national circulation, carries an Op-Ed piece by IALI Co-Director Michael Jacobs and Bill Reid, entitled "Price-Signaling Laws Fraught with Danger."
2/24 – Hong Kong's Proposed Competition Act
A group of international antitrust academics published a letter in Hong Kong addressed to the legislative committee reviewing the latest draft of the proposed Competition Act, and responding to the criticisms of the law raised by opponents. IALI Co-Director Michael Jacobs was one of the signatories to that letter.
2/14 – China's Anti-Monopoly Law Explored
IALI Co-Director Michael Jacobs delivered a lecture, "The Development and Enforcement of China's Anti-Monopoly Law," to the Master's students in the Competition Law program at the National University of Singapore, where he is a Visiting Professor for the Spring 2011 term.
2/1 – Visiting Scholar from China
For the Spring 2011 semester, IALI is pleased to host Hao Liu, Professor of Law and Director of the Institute of Aviation Law and Standards at BeiHang University School of Law in Beijing, China. During the course of the semester, Prof. Liu is participating in the Institute's events and academic program while conducting research in international and comparative aviation law and policy. A member of the Drafting Committee of the Aviation Law of China, Prof. Liu focuses on the modernization of air traffic systems and his nation's allocation of airspace for civil aviation.
1/21 – Institute Honors China's Civil Aviation Administrator
Li Jiaxiang, administrator of the Civil Aviation Administration of China (CAAC), was appointed honorary visiting professor and distinguished international scholar by DePaul University College of Law's International Aviation Law Institute (IALI) at a ceremony and reception held at the law school on January 21. Administrator Li was in Chicago as part of the official state visit of Chinese President Hu Jintao.
Administrator Li, a former president of Air China, was honored for his leadership in the swift rise and growth of China's civil aviation industry and infrastructure.
IALI has worked to deepen DePaul's role in civil aviation law and regulation in China for the past several years. IALI's China initiatives include hosting visiting professors and the co-sponsorship of the annual "Key Issues in International Aviation Law and Policy" conference at BeiHang University School of Law with the DePaul's Asian Legal Studies Institute.
One of IALI's long-term goals is to create a graduate residency program that would bring CAAC officials to DePaul to engage in research and study in international aviation law and policy. Administrator Li's visit provided an opportunity to further advance plans to launch the program, which is regarded by the CAAC as an important element in the strengthening of China-U.S. civil aviation relations.
Following the appointment ceremony, Administrator Li told the audience he would return to DePaul later this year to lecture and meet with students at the College of Law. IALI already has begun to lay the groundwork for Administrator Li's return.
Attending the event with Administrator Li were CAAC senior officials Li Jiangmin, director general, Department of International Affairs, and Yang Jiru, deputy director, Foreign Affairs Division. Civil aviation leaders in attendance included David C. Wang, president of Boeing China; Marc Allen, vice president, Global Law Affairs, The Boeing Company; Mark F. Schwab, senior vice president, Alliances, United Airlines; He Li, vice president, Air China; Bailey Leopard, senior counsel, FedEx Corporation; Rosemarie S. Andolino, commissioner, City of Chicago Department of Aviation; and Jeffrey Klang, Federal Aviation Administration Regional Counsel. Others at the event included incoming College of Law Dean Gregory Mark, as well as College of Law faculty and students.
11/1-12 – Professor Jacobs Teaches at BeiHang University, Beijing
As part of the Institute's initiative to promote better understanding of U.S. and Chinese perspectives on civil aviation issues, Institute Co-Director Michael Jacobs delivered a series of lectures during the first two weeks of November at BeiHang University School of Law, Beijing, China. Professor Jacobs' lecture topics included:
- An introduction to the principles of U.S. and EU competition law and an overview of how they apply to the aviation sector;
- Airline merger analysis in the U.S., with a focus on recent mergers and a discussion of global airline alliances;
- Discussion of price-fixing cartels, their treatment under U.S. law and globally, with a focus on the freight forwarding and fuel surcharge cartels, and what can be learned from them about competition law theory;
- Predatory pricing claims in general, and in the aviation sector particularly, with a focus on recent U.S. government cases; and
- The so-called "essential facility" doctrine and its potential application to airports and Internet travel search engines.
Other cooperative efforts between the Institute and BeiHang University School of Law include the annual "Key Issues in International Aviation Law" Conference and periodic visits by professors from each school to lecture and conduct research.
10/14 – Dr. Angela Cheng-Lui Lu Speaks on Airline Alliances
Dr. Angela Cheng-Lui Lu, a well-known expert and published author on international airline alliances, visited the Institute and delivered a guest lecture to Gabriel Sanchez' International Aviation Law class. In her lecture, titled "A Level Playing Field for International Airline Alliances (IAAs)," Dr. Lu detailed the anti-competitive effects of alliances and the applicable U.S. antitrust laws. She also spoke about European Community competition law and its effects on the EC aviation market and IAAs. Dr. Lu concluded by comparing and harmonizing the applicable U.S. and EC laws, regulations, and policies.
10/8 – A Conversation with John R. Byerly
Today, the International Aviation Law Institute conducted the fourth interview in the series, "Conversations with Aviation Leaders," IALI's oral history project on airline deregulation. IALI's distinguished guest for the interview was John R. Byerly, the Institute's Scholar-in-Residence for the week and the State Department's longest-serving Deputy Assistant Secretary for Transportation Affairs. Since 2001, Byerly has been the lead U.S. negotiator for air transport agreements, including the landmark U.S.-EU Open Skies agreement and the recent U.S.-Japan air transport agreement. Before taking his current position, he was the State Department's Senior Advisor for Transportation Affairs. A career member of the Senior Executive Service at DOS, Byerly has held positions covering a range of duties in American foreign policy, national security, and international economic relations. He has served the Department as General Counsel, Multinational Force and Observers (seconded to Rome Headquarters of Sinai peacekeepers); Special Negotiator for Transportation Affairs; Director, Office of Aviation Programs and Policy; and Deputy Assistant Secretary, Bureau of African Affairs.
Byerly's interlocutor for the event was IALI Advisory Board Member Kenneth P. Quinn, a Partner in the Washington, DC office of Pillsbury Winthrop Shaw Pittman LLP and co-leader of the firm's aviation practice. A former Chief Counsel for the Federal Aviation Administration, Quinn serves as Editor of The Air & Space Lawyer, published by the American Bar Association Forum on Air & Space Law. A broad range of topics was covered during the three-hour conversation. Among the many significant issues discussed were: the complexity of the U.S.-EU open skies negotiations, which had to account for the interests of stakeholders from the 27 EU Member states; prospects for future expansions and enhancements of the U.S.-EU Open skies Agreement; efforts toward facilitating international investment in airlines, including the recent U.S. proposal to ICAO for a multilateral convention which would waive the nationality clauses in bilateral air services agreements; and prospects for open skies with emerging world economies, such as Brazil, Russia, and China.
One day earlier, Byerly delivered a guest lecture to Gabriel Sanchez' International Aviation Law class, where he discussed U.S. international aviation policy and negotiating strategy. He answered students' questions during and after the class, as well as at a reception given by the Institute in his honor.
9/9 – Department of State Policy Conference
Institute Director Brian Havel gave the keynote address to the U.S. Department of State's special policy conference on the future of U.S. international aviation policy. The speech, "Moving Beyond Open Skies: The Need to Reconceptualize U.S. International Aviation strategy," was presented to a select group of State Department officials and high-level airline industry stakeholders.
8/24 – Academic Program
For the Fall semester, Gabriel Sanchez, the Institute's FedEx/United Airlines Resident Research Fellow and Adjunct Professor, is teaching the course International Aviation Law to the College of Law's J.D. and LL.M. students. As in past semesters, the course explores the laws, regulations, and policy choices affecting the complex world of global air transport. Particular emphasis is paid to the intellectual and economic history of deregulation and trade liberalization in air services along with the legal framework erected to both help and hinder the deregulatory process.
7/19-23 – IALI Director Teaches International Air Law Class in Montreal
Institute Director Brian Havel taught the class "International Air Law for Lawyers and Legal Professionals" to a select group of professionals from around the world at the headquarters of the International Air Transport Association (IATA) in Montreal, Canada. The week-long course covered the entire landscape of aviation law, including the Chicago Convention; bilateral air services agreements; air carrier liability under the Warsaw and Montreal Conventions; and the regulation of international air transport in the European Union. The course lectures will serve as a basis for a new casebook-treatise currently being written by Professor Havel and the Institute's FedEx/United Airlines Resident Research Fellow, Gabriel Sanchez.
5/26 – Second Annual Beijing Conference
The second annual Key Issues in International Aviation Law conference, held in Beijing, featured speeches and presentations by top U.S. and Chinese civil aviation officials, as well as industry stakeholders from the U.S. and the Asia-Pacific region. Sponsored by IALI, DePaul Law's Asian Legal Studies Institute, and BeiHang University School of Law, the conference is designed to promote better understanding of U.S. and Chinese perspectives on civil aviation issues by providing an informative and frank exchange of views. Among the speakers were John R. Byerly, U.S. Deputy Assistant Secretary of State for Transportation Affairs, and Meng Qingfen, Director, Law & Regulation Division, Civil Aviation Administration of China. The keynote address was delivered by Peter Harbison, Executive Chairman, Centre for Asia Pacific Aviation, Sydney, Australia. More than 150 people, including a contingent of DePaul Law students and faculty members, attended the all-day event on the BeiHang University campus.
5/24 – Transnational Investment Law
IALI Director Brian Havel began teaching a new course in transnational investment law as part of a joint DePaul University College of Law/University of Dayton School of Law summer abroad program hosted by University College Dublin. The course examines the international laws, regulations, and policy choices affecting the governance of foreign investment by taking a mixed theoretical approach to the topic. In addition, the course not only tracks the concrete development of transnational investment law since the close of World War II, but also the institutional, economic, and political forces which have gone into shaping this complex area.
5/10 – World Economic Forum
IALI Director Brian Havel participated in the kick-off meeting for the World Economic Forum's (WEF) Carbon Neutral Skies Project. The summit, which was held in Brussels, established an agenda for developing a new set of economic measures to include in new global CO2 emission reduction policies for aviation. Other participants at the meeting included representatives from American, European, and Asian air carriers, along with independent analysts, government officials, and other industry stakeholders.
4/27 – New Article Forthcoming
IALI Director Brian Havel and Gabriel Sanchez, the Institute's FedEx/United Research Fellow, had their new article accepted for publication in the 29th volume of the prestigious Boston University International Law Journal. Entitled "Restoring Global Aviation's 'Cosmopolitan Mentalité,'" the article presents the first theoretical analysis, from the standpoint of cosmopolitanism, of the restrictive global regulatory order for international civil aviation.
4/1 – Antitrust: A Game of Two Sides
IALI Director Brian Havel is featured in this month's Airline Business article, "Antitrust: A Game of Two Sides" by David Knibb (available here).
Asked if a disgruntled airline could challenge an EC-approved airline alliance in court, Professor Havel "recalls no challenge to any airline alliance approved by the EC, but he points to easyJet's challenge to the Air France-KLM merger after the EC cleared it."
"Europe's Court of First Instance ruled against easyJet, holding that the decision could be reversed only by showing that the EC had committed 'manifest error.' According to the court, easyJet failed to show this. 'The decision is important,' Havel stresses, 'since it shows that the [court] is willing to give a lot of deference to the Commission's competition analysis.' Because of this, Havel predicts 'it would likely be very difficult for a private airline to seek to annul a Commission decision approving an airline alliance.'"
3/1 – Liberalization: Agenda for Freedom
IALI Director Brian Havel was a guest speaker and panelist at the world's largest gathering of aviation in-house counsel, private practitioners, and government lawyers as part of the International Air Transport Association's 2010 Legal Symposium in Lisbon, Portugal. Professor Havel discussed the economic regulation of the air transport industry and addressed new ways to promote multilateral liberalization of air transport.
3/1 – Visiting Scholar from Croatia
IALI welcomes Iva Savic, a visiting scholar from Croatia, for the Spring semester. Iva is a Research Assistant in Transport Law at University of Zagreb, where she is a J.S.D. candidate in Corporate and Commercial law, preparing her thesis in Aviation Law. She is studying EU public air law, and currently is concentrating on its relationship to the rights of passengers under EU regulations. During her stay at DePaul, Iva is researching international aviation law, focusing on relations between the EU and the U.S., and the conclusion of the U.S./EU Air Transport Agreement. She also is attending classes in International Trade Law.
1/18 – Visiting Scholar from Kyrgyzstan
IALI is pleased to welcome Dr. Zhyldyz Tegizbekova, Lecturer in International Law at Kyrgyz-Russian Slavonic University in Bishkek, Kyrgyzstan. During her visit for the Spring 2010 semester, Dr. Tegizbekova will participate in the Institute's events and academic program while conducting research in international aviation law and policy. She is focusing her research on the development of aviation law in the Kyrgyz Republic, on customary law, and on a comparative analysis of U.S. and Kyrgyz law.
1/11 – Academic Program
For the Spring semester, Professor Brian Havel, the Institute's Director, and Gabriel Sanchez, FedEx/United Airlines Resident Research Fellow and Adjunct Professor, are team-teaching the course International Trade Law to the College of Law's J.D. and LL.M. students. The course explores the laws, policies, and economics which shape the global trade system. Particular emphasis is paid to the structure and jurisprudence of the World Trade Organization.
11/30 – Issues in Aviation Law and Policy Volume 9, Issue 1 Available
The latest issue of the Institute’s journal, Issues in Aviation Law and Policy (IALP), is now available. Formerly produced by CCH/Wolters Kluwer, IALP has been published under the auspices of the International Aviation Law Institute since 2008. The journal remains true to the core concept that animated its launch more than eight years ago—to present articles and commentaries by leading policymakers, officials, analysts, academics, and industry leaders who have the experience and expertise to brief readers on the challenges confronting global civil aviation today and in the future. A full list of the Autumn 2009 issue’s contents, along with subscription information, is available here.
11/19 – Visiting Scholar from China
For the Fall 2009 semester, IALI has been proud to host Bin Li, Professor of Public International Law at BeiHang University Law School in Beijing, China. During the course of the semester, Prof. Li has participated in the Institute’s events and academic program while conducting research in international aviation law and policy. Prof. Li has focused on the models of air transport liberalization provided by both the United States and European Community in order to assess their implications for the development of China’s international air transport policy.
11/14-16 – International Air Transport Association "Agenda for Freedom Summit" Montebello, Quebec, Canada
Institute Director Brian Havel delivered a 50-minute address to delegates from seven nations and the European Union—representing over 60% of the world’s air transport market—as part of the International Air Transport Association’s “Agenda for Freedom” Summit in Montebello, Quebec, Canada. Prof. Havel’s address recounted the history of global legal restrictions on foreign ownership of airlines and discussed ways in which States could legally waive these restrictions in their respective bilateral air service agreements under international law. During his talk, Prof. Havel took note of the fact that the Summit represented an historic moment for international aviation law…with both airlines and States working to forge a transnational body of liberalized trade principles in the spirit of the lex mercatoria. The Summit concluded with the delegates endorsing a statement of policy principles which commits them to consider waiving and eventually removing the nationality restrictions.
11/6 – "21st Annual European Air Law Association Conference" The Hague, Netherlands
Prof. Brian Havel moderated a panel commemorating the 65th anniversary of the Chicago Convention. The panel, which included leading representatives from the U.S. State Department, the European Commission, the International Air Transport Association, the Association of European Airlines, and the International Civil Aviation Organization, discussed ways in which policy agendas such as global air transport liberalization and international safety can move forward within and outside the Convention.
10/2 – "In-Motion: Legal and Social Dynamics of Moving People, Goods, Data, and Services Worldwide" Frankfurt, Germany
Prof. Brian Havel delivered a talk entitled, “A Sea Change in Open Skies: Globalization, Ownership, and Market Survival in the Logistics Industry” as part of the 2009 Interlaw Annual Global Meeting held in Frankfurt, Germany. Prof. Havel’s remarks were based in part on his forthcoming study, "A 'Lead Sector' Strategy for the GATS: Express Delivery Services as a Model for Global Air Transport Reform." In his speech, Prof. Havel called attention to how international and trade lawyers can make meaningful intellectual contributions to freeing the express delivery and logistics industry from its current global regulatory restraints.
9/25 – "Course Correction: Strategies for Changing Times" Chicago, Illinois
Gabriel Sanchez, the Institute’s FedEx/United Airlines Resident Research Fellow and Adjunct Professor, participated in a panel on recent economic and regulatory challenges to airports during the 2009 Annual Meeting of the American Bar Association’s Forum on Air & Space Law. The meeting, which was organized in part by IALI’s Director, Prof. Brian Havel, also took time to recognize DePaul University College of Law students who are currently enrolled in the Institute’s International Aviation Law course. The students were able to participate in the day’s events free of charge due to a generous donation by Airbus Americas, Inc.
9/14 – A Conversation with Robert L. Crandall
Today, the International Aviation Law Institute conducted the third interview in the series, "Conversations with Aviation Leaders," IALI's oral history project on airline deregulation. IALI's distinguished guest for the interview was Robert L. "Bob" Crandall, former President and Chairman of American Airlines. Crandall led American Airlines through the turbulent period following deregulation to become one of the largest and most successful air carriers in U.S. history. While initially opposed to airline deregulation, Crandall nevertheless found ways to help American thrive in the new competitive landscape by harnessing yield management to better price seats in relation to their value, developing the first frequent flier program, and launching the Sabre computer reservation system. Though he retired from American in 1998, Crandall remains a strong voice in the airline industry. His speech calling for re-regulation of the airline industry at the Wings Club in Washington, D.C. last year drew considerable attention and prompted Michael Levine, one the intellectual architects of deregulation, to answer Crandall's charges that deregulation amounts to a policy failure. (Both speeches were reprinted in Vol. 8, Issue 1 of IALI's journal, Issues in Aviation Law and Policy.)
Crandall's interlocutor for the event was former U.S. Ambassador and current IALI Advisory Board Member J.D. Bindenagel. Bindenagel, who participated in the negotiations for the U.S./Germany open skies treaty, covered a broad range of topics during his three-hour conversation with Crandall. The dialogue reflected such diverse issues as the political and social circumstances leading up to deregulation, business strategies in a competitive market, and the current state of the U.S. domestic and international airline industry. In addition to offering his own experiences of some of the key events leading up to and following deregulation, Crandall spoke candidly about what he sees as the failure of the U.S. to establish a coherent transportation policy which includes aviation. During the course of the discussion, Crandall also criticized the open skies policy, airline alliances, and the suggestion that there should be increased foreign investment in U.S. carriers.
9/4 – Havel on the World Trade Organization’s Airbus Ruling
Prof. Brian Havel’s comments on the World Trade Organization’s landmark ruling on illegal State subsidies provided to European aircraft manufacturer Airbus was featured in a number of news outlets, including the Wall Street Journal, Chicago Tribune, and the French edition of the online magazine Slate. In the stories, Havel stated that the ruling appeared to be a big win on paper for Airbus’ chief rival, Boeing, but that the appeals process likely would continue until 2013. Havel also noted that most WTO rulings tend to be “squishy” and more open to varying interpretations than decisions handed down by courts in the United States and European Union.
8/24 – Academic Program
For the Fall semester, Gabriel Sanchez, the Institute’s FedEx/United Airlines Resident Research Fellow and Adjunct Professor, is teaching the course International Aviation Law to the College of Law’s J.D. and LL.M. students. As in past semesters, the course explores the laws, regulations, and policy choices affecting the complex world of global air transport. Particular emphasis is paid to the intellectual and economic history of deregulation and trade liberalization in air services along with the legal framework erected to both help and hinder the deregulatory process.
5/27 – IALI at Beijing Aviation Conference
Faculty and associates of the International Aviation Law Institute participated in the “Key Issues in International Aviation Law” Conference held in Beijing, China on May 27, 2009. Co-hosted and organized by DePaul University College of Law's Asian Legal Studies Institute and the BeiHang University School of Law, the conference covered topics ranging from anti-monopoly issues to the militarization of outer space.
IALI Co-Director, Prof. Michael Jacobs, gave a welcoming address and spoke on the status and background of the expansive air cargo price-fixing conspiracy which has resulted in record fines being assessed against a number of major international air carriers by authorities in China, the United States, and the European Union. Jacobs, an internationally recognized expert on antitrust and competition law, has recently written on this subject for the Institute's journal, Issues in Aviation Law and Policy.
Also speaking at the Conference was Institute Advisory Board member Sandra Chiu, Principal at the Center for Aviation Policy & Economics and former Director of International Affairs at United Airlines. Chiu offered thoughts on the future of U.S./China aviation relations and the prospects of establishing an open skies agreement between two of the world's leading economic powers.
In addition, the Conference featured a presentation on the regulation/deregulation of the Brazilian air transport sector by Prof. Respico A. Espirito Santo, Jr., President of the Brazilian Institute of Strategic Studies and Public Policies in Air Transport. A number of Prof. Santo's studies in this area have appeared in Issues in Aviation Law and Policy.
5/7 – IALI Welcomes U.K. Transport Minister Geoff Hoon
On May 7, the International Aviation Law Institute hosted a visit by U.K. Secretary of State for Transport Geoff Hoon and a group of his associates for a free-ranging discussion of the future of international air transport liberalization. Secretary of State Hoon, who spoke earlier this week to the International Aviation Club in Washington, D.C., on U.S./EC aviation relations, shared his thoughts with the Institute on how the United States can work with its European partners to establish a sustainable policy for aviation carbon emissions. While optimistic that the Obama Administration is open to a cap-and-trade system comparable to the EC's Emissions Trading Scheme, Mr. Hoon recognized that progress on the issue thus far has been slow. Further discussion took place on certain protectionist elements of the pending 2009 FAA Reauthorization Act that may adversely impact the ongoing negotiations for a second stage U.S./EC Air Transport Agreement. Institute Director Brian F. Havel, whose recently published book, Beyond Open Skies: A New Regime for International Aviation, proposes an authentic globalization of the air transport industry within the framework of the U.S./EC Agreement, indicated that the worldwide economic crisis must abate before foreign ownership caps and cabotage can be dismantled. In his view, protectionist impulses will fill a vacuum in U.S. aviation policy at least until we learn how the Obama Administration will approach air transport issues.
At the end of the discussion, Professor Havel presented a copy of his new book to Mr. Hoon. The International Aviation Law Institute expresses its appreciation to the Secretary of State and his associates, as well as to the Office of the U.K. Consul General in Chicago, for arranging and participating in this timely exchange on the leading international issues affecting aviation law and policy.
3/27 – German Marshall Fund Launches Beyond Open Skies
Prof. Brian Havel's new book, Beyond Open Skies: A New Regime for International Aviation (Kluwer Law International, 2009), was officially launched at a luncheon hosted by the German Marshall Fund in Washington, D.C. on March 27. The event, entitled "Transatlantic Aviation: Can We Move Beyond Open Skies?" was attended by more than 100 academics, government officials, aviation lawyers, and industry leaders. Introducing the book and delivering an address on the future of U.S./EC aviation relations was Ambassador John Bruton, former Prime Minister of Ireland and current European Union Ambassador to the United States. Ambassador Bruton took time to comment on the recently proposed 2009 FAA Reauthorization Act and its potential to hinder the ongoing negotiations for a second stage U.S./EC Air Transport Agreement. He exhorted the mainly American audience to remember the free market principles for aviation that the U.S. had helped export to the world and to stay true to them, even in tough econmic times. With Prof. Havel serving as moderator, Ambassador Bruton also fielded questions from the audience on legal developments concerning aviation in Europe, including noise restrictions at Community airports, the European Commission's proposal to temporarily suspend the "use or lose" slot rule, and the controversial plan to bring aviation into the EC's emissions trading scheme.
Beyond Open Skies offers a systematic comparative analysis of the legal and policy dimensions of airline deregulation by federal fiat in the United States and by supranational collaboration in the European Union. The book draws upon a variety of sources, including very recent developments in U.S. and EC international aviation law, policy, and diplomacy, to propose a genuine multilateral air transport system. It examines the potential of the "open skies" initiative, in the aftermath of the 2007 U.S./EC Air Transport Agreement, to inspire a genuine globalization of the world’s air transport industry.
Those interested in purchasing the book may do so online at the Wolters Kluwer website.
3/4 – Paul Fitzgerald Visits the Institute
Paul Fitzgerald, former Senior Policy Advisor for the Canadian Minister of Transport and Adjunct Professor at McGill University’s Institute of Air and Space Law, gave a riveting lecture to Prof. Gabriel Sanchez’s Public International Aviation Law class. Focusing on government interference in the airline industry, Prof. Fitzgerald cast critical light on Canada’s “passenger rights” regulations, inefficiencies in airport safety measures, and the incongruence of recently proposed federal legislation targeting antitrust immunity for international airline alliances with the U.S.’s “Open Skies” international air transport policy.
2/27 – New Publication
A new study on the International Air Transport Association authored by Prof. Brian Havel and the Institute’s FedEx/United Airlines Resident Research Fellow, Gabriel Sanchez, will be included in the forthcoming Handbook of Transnational Economic Governance (Christian Tietje & Alan Brouder eds., Martinus Nijhoff Publishers, 2009).
2/8 – "Fasten Your Seatbelts: Practicing Law in Turbulent Times" Bangkok, Thailand
Prof. Brian Havel participated as a competition law panelist and keynote speaker at the International Air Transport Association’s prestigious 2009 Legal Symposium. In his keynote address, Prof. Havel discussed the economic and regulatory challenges facing the aviation industry. In highlighting the industry's continuing capacity to innovate business models and influence transnational air transport liberalization, he defended the continued importance of aviation as an area of serious academic study.
1/5 – New Course
Gabriel Sanchez, the Institute’s FedEx/United Airlines Resident Research Fellow and Adjunct Professor, began offering a new course on Public International Aviation Law in the College of Law. The course explores the laws, regulations, and policy choices affecting the complex world of global air transport and considers such topics as air traffic rights, aviation safety and security, economic regulation of airlines, and the dynamics of the 2007 U.S./EC Air Transport Agreement. The transnational scope of the course covers not only the primary international legal instruments which shape civil aviation worldwide, but also includes comparative analyses of U.S. and EU approaches to air transport liberalization.
12/10 – Issues in Aviation Law and Policy Volume 8, Issue 1 Available
The first issue of Issues in Aviation Law and Policy (IALP) published under the auspices of the International Aviation Law Institute at DePaul University College of Law is now available. Formerly published by CCH/Wolters Kluwer since April 2001 in looseleaf format, IALP is now available as a more portable and readable perfect-bound journal. What has not changed is the core concept that animated the launch of IALP eight years ago—to present articles and commentaries by leading policymakers, officials, analysts, academics, and industry leaders who have the experience and expertise to brief readers on the challenges confronting global civil aviation today and in the future. Profs. Brian Havel and Michael Jacobs, the Institute’s directors, and Gabriel Sanchez, the Institute’s FedEx/United Airlines Resident Research Fellow, contributed articles.
12/3 – "The Future of Air Transport: Surviving the Perfect Storm" London, England
Prof. Brian Havel served as Chairman for the third day of the Institute of Economic Affairs’ 16th annual air transport conference. In addition, he also spoke on how “Open Skies” agreements have affected global aviation development.
11/7 – "20th Annual European Air Law Association Conference" Prague, Czech Republic
Prof. Brian Havel moderated a panel on recent developments in competition law for the annual air law conference hosted by the European Air Law Association (EALA). Prof. Havel also sits on EALA’s Committee of Management and was integral in bringing the prestigious conference to Dublin, Ireland in 2007.
10/6-10 – Guest Lecturing at Leiden
Prof. Brian Havel gave a series of lectures on developments in international aviation law at the International Institute of Air and Space Law at Leiden in the Netherlands. Drawing on material from his forthcoming book, Beyond Open Skies: A New Regime for International Aviation, Prof. Havel analyzed the 2007 U.S./EC Air Transport Agreement and the potential for deeper liberalization in a second stage agreement.
8/18 – Issues in Aviation Law and Policy
The Institute’s newly named Executive Director, Stephen B. Rudolph, brings with him the publication rights for Issues in Aviation Law and Policy (IALP), which he will continue to edit for the Institute. First published in 2001, IALP serves as a forum for changed, providing expert analysis and opinions by recognized legal, government, and industry leaders. IALP is designed to spark debate and reflection in the boardroom, hearing room, meeting room, legislative chambers, think-tanks and also in the classroom. To do so, it presents articles and commentaries by leading policymakers, officials, analysts, academics, and industry leaders who possess the experience and expertise to brief readers on the challenges confronting global civil aviation.
8/18 – New Executive Director
Stephen B. Rudolph, a 1997 graduate of DePaul University College of Law and longtime editor of the prestigious CCH Aviation Law Reports and a founding editor of the journal Issues in Aviation Law and Policy, joined the Institute as its Executive Director. Rudolph brings more than 30 years of business and entrepreneurial experience to the Institute. His work includes serving as vice president/general manager of a TV production facility, deputy director of the Illinois Department of Labor, and most recently, principal aviation write and analyst for CCH/Wolters Kluwer. In 2004, Rudolph received DePaul’s Distinguished Alumni Leadership Award and, in 2006, he was presented with the College of Law’s award for Outstanding Service to DePaul University.
4/24 – "International Conference on Contemporary Issues in Air Transport, Air Law and Regulation" New Delhi, India
Yaw Nyampong, editor of Annals of Air and Space Law, delivered presentations on emerging issues for airports and aviation safety on behalf of the Institute at a conference sponsored by McGill University’s Institute of Air and Space Law in New Delhi, India.
4/14 – "Open Skies: Will There Ever Be Truly Open Transatlantic Air Services?" Washington, D.C.
At a luncheon panel hosted by the German Marshall Fund, Prof. Brian Havel was joined by Julie Oettinger, Managing Director, Regulatory Affairs at United Airlines, Clive Wright, First Secretary, Transport Policy in the Embassy of the United Kingdom, and Russell Bailey, Senior Attorney for the Air Line Pilots Association to consider the challenges and opportunities of second stage U.S./EU negotiations for an enhanced air transport agreement. A full summary of the issues discussed at the event is available online here.
4/11 – "Symposium on Regional Organizations" Montreal, Canada
Prof. Brian Havel moderated a panel on removing barrier to air transport at the regional level at a symposium hosted by the International Civil Aviation Organization (ICAO) and the European Commission. Prof. Havel also participated in a separate panel where he discussed the legal and regulatory implications of ICAO’s role in regional governance.
Gabriel Sanchez’s editorial on the European Union’s plans to bring aviation into its emissions trading scheme, "European Unilatealism," appeared in the March 31st issue of The National Law Journal.
3/27 – Fulbright Scholar Presentation Montreal, Canada
As a capstone to his year of holding the Fulbright Visiting Chair in Comparative Law and Legal Pluralism in McGill University’s Faculty of Law, Prof. Brian Havel delivered a presentation on opening Canada’s airlines up to foreign ownership. Entitled, “In Search of a Cosmopolitan Mentalité for Canada’s Airline Ownership Laws: Repealing the Citizenship Purity Test,” the talk offered a multidisciplinary approach to the pervasive problem of nationality restrictions on airline ownership and the potential for Canada to embrace cosmopolitanism. Prof. Havel’s analysis of the issue drew on such diverse figures as the Hellenic Jewish philosopher-theologian Philo of Alexandria, political theorist Eric Voegelin, and McGill University’s own Professor and Dean of Law, Nicholas Kasirer. The entire presentation is currently being reworked into a full law review article with plans for publication in 2009.
Gabriel Sanchez contributed an article entitled "Challenges to the U.S./EU Air Transport Agreement" to the Winter 2008 issue of the Michigan International Lawyer, the State Bar of Michigan’s official international law publication.
Gabriel Sanchez, the Institute’s FedEx/United Airlines Resident Research Fellow and Adjunct Professor, began teaching a new course on International Aviation Law and Policy in the College of Law. The course explored the laws, regulations, and policy choices affecting the complex world of global air transport. The course will consider topics relating to aviation safety and security, capital investment, labor relations, airport ownership and operations, economic regulation and deregulation, and the airline/passenger relationship (including issues of tort liability).
12/5 "4th Annual Managing Airline Operating Costs Conference" Zurich, Switzerland
In anticipation of the 2007 U.S./EC Air Transport Agreement coming into effect on March 30, 2008, Prof. Brian Havel spoke on the prospects for a second stage agreement between the world’s two largest aeropolitical powers.
12/3 "The Future of Air Transport" London, England
Prof. Brian Havel participated in a strategic panel as part of the Institute of Economic Affairs’ 15th Annual Conference. Prof. Havel offered his thoughts on the political and regulatory backdrop to the 2007 U.S./EC Air Transport Agreement and the prospects for a more expansive second stage agreement.
11/08/07 - "U.S./EC Working Group: Beyond Open Skies"
On November 8, the International Aviation Law Institute, in cooperation with the International Institute of Air and Space Law at Leiden University, convened an experts' Working Group on the next stage of the U.S./EC Air Transport Agreement signed in 2007. The Working Group took place at the historic Newman House in St. Stephen's Green, Dublin, where James Joyce received his university education and which is now the ceremonial facility of Joyce's alma mater, University College Dublin. The members of the Working Group included the chief negotiators of the 2007 agreement, as well as over two dozen U.S. and EC leaders from government, industry, and the academy. The agenda was based on Article 21 of the Agreement, which sets forth several topics for consideration in the so-called "Second Stage." On the evening before the Working Group session, the leading Irish law firm A & L Goodbody hosted a welcome dinner for the Group participants at the firm's elegant offices in the International Financial Centre on Dublin's riverside quay. Website visitors may be interested in viewing the Draft Briefing Paper presented to the Group by the two host institutions, and are invited to submit comments and suggestions on this work-in-progress.U.S./EC Working Group: Beyond Open Skies
11/08 & 11/09/07 - "19th Annual European Air Law Conference"
The International Aviation Law Institute played a central role in hosting the 19th Annual European Air Law Association (EALA) Conference, which was being held in Dublin for the first time. The Institute's Director, Brian Havel, is an Irish native and a member of the Governing Committee of the EALA. He was responsible for bringing EALA to Ireland's capital. The Conference opened with a gala dinner on November 8 (keynoted by the Irish Minister for Transport, Mr. Noel Dempsey), and the substantive proceedings followed on November 9. All Conference activities took place in the headquarters building of the Royal College of Physicians of Ireland, an 18th century jewel now restored to its original glory and revitalized as a modern, high-level conference venue. The Conference featured expert panels on the Cape Town International Registry of Aircraft (which is based in Ireland), aviation safety in the EC, U.S./EC airline liberalization, and recent developments in Community competition law. In addition to Minister Dempsey, major figures from the Irish aviation scene participating in the Conference included Declan Collier, CEO of the Dublin Airport Authority, Dermot Mannion, CEO of Aer Lingus, Alan Dukes, former Irish Minister for Finance and author (with Frederick Sorensen) of the major Irish report on open skies, and Vincent Power, head of the competition law department at A & L Goodbody. Professor Havel moderated the U.S./EC panel, which featured, along with Mr. Dukes, John Byerly, Deputy Assistant Secretary, Transportation Affairs, U.S. Department of State (the chief U.S. negotiator of the 2007 Agreement), Emmanuelle Maire of the European Commission's Directorate-General for Air Transport, Rene Fennes, Head of International Relations for the Netherlands Ministry of Transport, Barry Humphreys, Director of External Affairs & Route Development, Virgin Atlantic Airways, and Michael Whitaker, Senior Vice President, Alliances, International and Regulatory Affairs, United Airlines.
11/28 – "Schiphol Airport 90th Anniversary Conference: Time for Reflection, Time for Prospects" Amsterdam, The Netherlands
Prof. Brian Havel delivered a talk, "Investing in the Environment: The Introduction of ETS into Aviation and Its Implications for the Operation of Airports" at a conference in honor of Schiphol Airport’s 90th anniversary. In his talk, Prof. Havel drew attention to the centrality of the International Civil Aviation Organization in promoting a harmonious, global approach to the impact of aviation emissions on the environment. Following the conference, Prof. Havel was appointed to the Board of External Advisors for the International Institute of Air and Space Law at Leiden.
10/19/06 - "Sustainable Aviation Policies for America and the World"
This event is by invitation only.
The International Aviation Law Institute at DePaul University College of Law and The Corporate Program of The Chicago Council on Foreign Relations will host a Leadership Summit entitled "Sustainable Aviation Policies for America and the World." This one-day conference will be held at the Mid-America Club atop Chicago's famed Aon Center.
As with the inaugural Leadership Summit in April 2005, the 2006 Summit will assemble 70 to 80 industry leaders and senior policy makers for a critical dialogue on the economic and regulatory forces transforming the airline industry. Glenn Tilton, Chairman, President, and Chief Executive Officer of United Airlines, will again chair the Summit and has agreed to deliver the opening address. In contrast to typical aviation conferences, the interactive format of the open forum sessions will provide an unmatched opportunity to engage in a robust exchange of ideas with an elite group of decision makers.Summit Synopsis of Proceedings
10/27/06 - "Conversations With Aviation Leaders: An Interview With Dr. Alfred Kahn"
This event is by invitation only and will be held in Ithaca, New York.
Professor Brian Havel, Director of the International Aviation Law Institute, will be co-hosting this event with Dr. Dorothy Robyn of the Brattle Group, Washington, D.C. Dr. Robyn is former aviation policy advisor to President Bill Clinton. The moderators will take an oral history of Dr. Alfred Kahn's recollections of the events, law and policy surrounding the emergence of U.S. airline deregulation in the late 1970's. Kahn, currently the Robert Julius Thorne Professor of Political Economy, Emeritus, at Cornell University, is considered to be the "father" of airline deregulation and presided over the beginning of its implementation as Chairman of the Civil Aeronautics Board from 1977-1978. As Advisor to the President (Carter) on Inflation, Dr. Kahn helped expand the deregulatory movement to trucking and railroads as a tool to combat inflation. He is also author of the classic text "The Economics of Regulation: Principles and Institutions."
04/17/06 - "Conversations With Aviation Leaders: An Interview With Michael Levine"
Time: 2:00-5:00 P.M.
Place: DePaul College of Law, Rinn Law Library - Rare Book Room, 5th Floor, 25 East Jackson Blvd., Chicago, Illinois
Admission: This event is by invitation only
Professor Brian Havel, Director of the International Aviation Law Institute, will be co-hosting this event with Dr. Dorothy Robyn of the Brattle Group, Washington, D.C. Dr. Robyn is former aviation policy advisor to President Bill Clinton. The moderators will take an oral history of Michael Levine's recollections of the events, law and policy surrounding the emergence of U.S. airline deregulation in the late 1970's. Levine, currently Distinguished Research Scholar at New York University School of Law, has a unique perspective on airline deregulation from his diverse experiences as a scholar, government official and senior airline industry executive in the regulation and post-regulation environment.