Congratulations to René David-Cooper, who received the International Air Transport Association’s prestigious Constance O’Keefe Writing Award for his paper, “Defining Common Law Property Rights – The Ownership Conundrum of Landing Slots Resolved.” This paper was the lead article in the Autumn 2016 edition of IALI’s journal, Issues in Aviation Law and Policy.
DePaul University College of Law's
International Aviation Law Institute
welcomes its 2017
visiting scholar, Professor Weimin Diao, deputy
director of the Civil Aviation Law Research Center at the Civil Aviation Management Institute of China
. Planning to be at DePaul Law
until the summer, Professor Diao will conduct research in the areas of
aircraft leasing, foreign investment and air consumer protection.
Renowned for his scholarship in
international law, Professor Diao has lectured to various groups
across the world. He has spoken to CCTV, Legal Daily, and Singapore
Strait Times, among other media outlets, about topics such as
aviation safety and passenger blacklists. His publications include
“The Legal Analysis Of Civil Aviation Passenger Blacklist” (Law
Science Magazine, July 2012), “The Application of the International
Aviation Security Conventions in China” (Journal of Beijing
University of Aeronautics and Astronautics (Social Science Edition),
March 2012) and “Aviation Security in US Before and After “9/11”
and the Revelations for China” (China Civil Aviation, Feb. 2009).
In addition to his academic accomplishments, Professor Diao practices law out
of China. He serves as a lawyer at King & Partners'
Beijing office and as a mediator with the Shanghai International Economy and Trade Arbitration Commission (also known as the Shanghai
International Arbitration Center). He has advised companies including
Air China, Chongqing Airport, Wuhan Airport, Shanghai Eastern Air
Travel Agency, and the Civil
Aviation Resource Website on matters ranging from foreign
investments to air consumer protection.
University's Sixth Annual International Aviation Law Institute and
Chaddick Institute for Metropolitan Development Lunch Lecture
explored the importance of planning for active shooter
situations, particularly in high-traffic transportation areas such as
Special Agent Katherine Schweit of the FBI's Active Shooter
Initiative and the senior executive responsible for the agency's
planning, policy and training to better prepare, prevent and respond
to active shooter and other mass casualty situations, led the talk and answered
questions from attendees regarding crucial security issues. A major
component of her discussion was the often-ignored financial ramifications
of active shooter incidents, and how preparing in advance for potential occurrences can significantly reduce post-situation costs. Other
areas she highlighted were the need for enhanced security
requirements in the design stage of new infrastructure and her belief
that airports will expand their security protocols to lobbies and
entryways, instead of focusing primarily on keeping boarding gates
an alumna of DePaul Law, thanked DePaul University "for the
opportunity to make the business case for why security considerations
must be an integral part of the initiation of all airport and
urban planning efforts. Inadequately assessing security risks from
inception makes a business entity more vulnerable to targeted
violence and can result in extraordinary and potentially unnecessary
expenses when tragedy strikes." She also appreciated "the
opportunity to return to my alma mater and see first-hand how
dedicated these institute participants are to tackling cutting-edge
topics; topics that often have no simple answers and are fraught with
IALI/Chaddick Lunch Lecture is cosponsored by the College of Law's
International Aviation Law Institute and the College of Liberal Arts
& Social Sciences’ Chaddick Institute for Metropolitan
DePaul University College of Law's International Aviation Law Institute and the College of Liberal Arts and Social Sciences' Chaddick Institute for Metropolitan Development
will host their sixth annual lunch lecture, “Targeted Violence &
Security Issues: Implications for Airport Planning.” Increase in
global terrorism threats have required airports, rail and bus systems
across the world to develop new ways to protect travelers, and this
has become a matter of increasing importance, particularly with the
holiday season approaching.
During the lecture, Katherine W. Schweit, head of the Federal
Bureau of Investigation's National Active Shooter Initiative and a
DePaul law alumna, will discuss the security strategies of public
transportation systems. She will also answer questions
about how Chicago is responding to these
This free event will be held on Wednesday, November 2 from 12 to
1:30 p.m. at the DePaul Center, 1 East Jackson Boulevard, Room 8005. Register to attend by emailing
Only people who have registered will be admitted to the event.
Dr. Sarah Jane Fox, the International Aviation Law Institute's (IALI) 2015-2016 Fulbright Scholar, made two presentations at the 14th World Conference on Transport Research held July 10 to 16, 2016, in Shanghai, China. At the airlines program, Dr. Fox presented an overview of her research work for IALI, summarizing and providing illustrations from the four papers she prepared during her Fulbright year at the institute. Her papers considered conflicts in aviation and the legacy to historical events, with the overlying factors relating to politics, sovereignty and governance. A particularly timely illustration involved possible aviation-related repercussions resulting from the UK's recent vote to exit the European Union.
The effect of cyber threats and cyber-terrorism on aviation was the theme of Sarah Jane Fox's presentation at the World Summit on the Information Society (WSIS) Forum 2016, held May 2 to 6 in Geneva, Switzerland. Dr. Fox, the International Aviation Law Institute's 2015-16 Fulbright Scholar, reiterated the vulnerability of civil aviation, in particular, to cyber-terrorism.
"We need to look at past lessons and ensure that we go forward in a proactive way; which may necessitate a regulatory framework which looks at an effective means for addressing risks and vulnerabilities in cyberspace," Fox stated, adding, "We need to think more about addressing cyber-terrorism from a counterterrorism strategy approach—prevent, protect, pursue and respond—and ultimately how we track and bring perpetrators to justice."
Dr. Fox was invited to speak as part of the European Commission's Medici Cooperation Framework, which focuses on the use of digital and other emerging technologies supporting social and economic development.
The WSIS Forum 2016 was the world's largest gathering of the "Information and Communication Technologies for Development" community, and was organized and facilitated by more than a dozen United Nations agencies. Presentations by Dr. Fox and others will be used by the UN in its discussions aimed at formulating policy.
The International Aviation Law Institute once again welcomed John R. Byerly, the State Department's longest-serving deputy assistant secretary for transportation affairs, as its scholar-in-residence in April. Byerly served as guest lecturer for the Public International Aviation Law and Policy course, and led a lively student discussion about the application and interpretation of air services agreements.
Over the course of the lecture, 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, 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. Each spring, he visits the institute and teaches a class as scholar-in-residence.
DePaul law students took best oral presentation
(applicant) and runner-up best oral presentation (respondent) honors at the
Leiden Sarin International Air Law Moot Court Competition, held April 7 to 10 in
The student air law moot court team of Christopher Andrews, Hendrik du
Toit and Brent Buyse submitted memorials and delivered oral arguments at the
seventh annual event. In addition to
bringing home the oral presentation honors, the team also scored top 10
finishes for their applicant and respondent side memorials.
Patrick Jones (JD ’99) and Sarah Beaujour,
a member of DePaul's 2015 air law moot court team, coached the team.
The Leiden Sarin Moot Court is organized by Leiden
University and the Sarin Foundation. Twenty-six
teams from 21 countries participated in this year’s competition.
Professor Brian F. Havel, director of the International Aviation Law Institute
led the proposition team to victory in Barcelona on February 19 at the grand debate of the International Air Transport Association’s 2016 Legal Symposium.
Professor Havel's team, which carried the day by virtue of an e-poll of the audience members, argued in favor of the proposition that “this house believes there is no future for airspace sovereignty.” He was joined by Switzerland-based air transport consultant Andrew Charlton and Jones Day senior aviation lawyer Rebecca MacPherson. An audience e-poll taken before the debate favored the opposition side.
The opposition team, which defended traditional sovereignty as set out in article 1 of the Convention on International Civil Aviation (the Chicago Convention), included IALI Foundation board member Professor Pablo Mendes de Leon, the director of IALI’s sister institute at Leiden University in the Netherlands. This was the first time that Professors Havel and Mendes de Leon faced each other publicly on the opposing sides of a major proposition of international aviation law.
The grand debate is the highlight of IATA’s prestigious legal symposium, now in its 19th year and regarded as the world’s leading forum for international aviation law and policy issues. This year’s grand debate was chaired by aviation lawyer Richard Gimblett of U.K.-based global law firm Holman Fenwick Willan.
University College of Law’s International Aviation Law Institute will host two
successive Fulbright grantees with the arrival of Turkish Fulbright Student
Program grantee Baris Mesci during the 2016-2017 academic year.
The announcement coincides with the conclusion of Professor
Sarah Jane Fox’s Fulbright term with the institute and return to Coventry
University in England. Fox
holds a PhD in law from the University of Northumbria and specializes in free
movement, transport law and policy—particularly aviation—and conflicting and comparative areas of law and policy.
has been a privilege to have been at DePaul University at the International
Aviation Law Institute for the last six months,” said Fox. “The experience has
been tremendously rewarding, both in the sense of the academic research and the
opportunity to fully immerse myself in U.S. culture. I remain grateful to
my colleagues within the aviation institute for their kindness and support, and
I look forward to collaborating on further ventures and maximizing joint
opportunities in the future.”
her time at DePaul, Fox researched aviation law and policy and related
cross cutting aspects. She
undertook extensive research concerning aeropolitics—international relations, history, politics and the law—particularly related
to Open Skies and further liberalization of air services. Her research also
included the paradoxes of policies and the associated risks of policy change,
or failing to change and advance in a globalized world.
Mesci is a PhD candidate at Istanbul Kultur University in Turkey and will be conducting high-level research and
writing during his stay at IALI. His desired areas of practice include private international law, international commercial arbitration, international investment law and international trade law.
“We have been very fortunate indeed to host Fulbright
grantees at the institute for two years,” said Stephen Rudolph, executive director of IALI. “This is
indicative of the recognition that the institute has received worldwide for its
On Friday, February 19, International Aviation Law Institute (IALI) Director Brian F. Havel will join leading air transport consultant Andrew Charlton and senior Jones Day aviation lawyer Rebecca MacPherson in Barcelona, Spain, to propose the motion for the grand debate at the International Air Transport Association (IATA) Annual Legal Symposium: “That This House Believes There is No Future for National Airspace Sovereignty.”
The grand debate is the highlight of IATA’s Legal Symposium, now in its 19th year and regarded as a leading forum for international aviation law and policy issues. This year’s debate will be chaired by aviation lawyer Richard Gimblett of U.K.-based global law firm Holman Fenwick Willan.
The opposition team consists of Andrew Harakas of London aviation law firm Clyde & Co., Julie Oettinger, Delta Airlines’ managing director for legal and regulatory affairs in Europe and the Middle East, and IALI Foundation board member Professor Pablo Mendes de Leon, director of IALI’s sister institute at Leiden University in the Netherlands.
This is the first time that Professor Havel and Professor Mendes de Leon will face each other publicly on the opposing sides of a major proposition of international aviation law.
To prepare for the grand debate, students in Professor Havel’s Public International Aviation Law class (which he co-teaches with IALI FedEx/United Research Fellow John Q. Mulligan) will have the opportunity to hear Professor Havel’s argument and to respond, in traditional Oxford debating style, with objections in the form of “points of information.” Later this month, IALI will report further on the proposing and opposing arguments, and will reveal the outcome of the symposium audience’s vote on the proposition.
A marathon three-hour interview with retired KLM executive Paul Mifsud is the eighth installment of the International Aviation Law Institute’s “Conversations with Aviation Leaders” oral history project. Conducted by Professor Brian F. Havel, the institute's director, the wide-ranging interview explores in depth the environment that led to today's international airline alliances and the early history of U.S. "Open Skies" agreements.
Paul Mifsud is best known for his groundbreaking work in devising and concluding the first Open Skies aviation agreement, which was negotiated between the United States and The Netherlands in 1992. For this work, the Queen of the Netherlands named him an Officer of The Netherlands Order of Oranj-Nassau.
Mr. Mifsud served as a trial attorney with the Bureau of Enforcement for the U.S. Securities and Exchange Commission before joining the airline industry with British Airways in 1973. He was with KLM Royal Dutch Airlines for 35 years, first as General Counsel, USA and later as Vice President, Government & Legal Affairs, USA. He has published numerous articles and speeches on issues of international trade, public policy, aviation, and international airline alliances, was named 2008 Transportation Lawyer of the Year by the Federal Bar Association, and received the 2015 L. Welch Pogue Lifetime Achievement in Aviation Award from Aviation Week & Space Technology magazine.
The interview will soon be posted for viewing alongside the previous seven interviews on the institute's website. The “Conversations” project continues to develop a record of the legal and policy history of the airline industry during the age of global deregulation, as told through the voices and memories of its participants. The project is a valuable resource for the large community of students, scholars, and policymakers interested in understanding the airline industry’s role in the broader deregulatory movement that continues to transform economic policy today.
Angela Gittens, Director General of Airports Council International-World, painted a mixed picture for airport passenger and cargo traffic growth in 2015, highlighted by continued steep growth in the Middle East region.
Speaking at DePaul University’s fifth annual IALI/Chaddick Lunch Lecture, co-sponsored by the International Aviation Law Institute and the Chaddick Institute for Metropolitan Development, Ms. Gittens said the Middle East was reshaping the world’s aviation map, with 8.8 percent passenger growth and 8.6 percent cargo growth in the first half of this year, coming on the heels of 10.8 percent and 9.2 percent growth figures for 2014, respectively.
She cautioned that 69 percent of airports operate at a net loss, and that major investments – in the range of $135 billion dollars – will be required to meet the sustained demand for air service to 2016.
Ms. Gittens also noted that airport privatization is a more widespread phenomenon than most would believe, if one includes public-private partnerships and the many privatized operations within public-owned airports, as well as those under private ownership.
Addressing the crash of the Russian Metrojet airliner in Egypt, Ms. Gittens told a news reporter that a quick investigation would likely be a bad one, and that the governments involved should not rush to judgment and let the professional investigators do their jobs. “Once you tell me what happened, I can tell you how to fix it,” she concluded.
International Aviation Law Institute Director Brian F. Havel urged members of the World Economic Forum’s Summit on the Global Agenda to work toward reform of the widespread "nationality rule" that prohibits non-citizens from taking a controlling stake in a country’s airlines.
The Summit -- held this year in Abu Dhabi in late October -- is the Forum’s annual preparatory gathering of nearly 1,000 experts that precedes its annual leadership summit in Davos, Switzerland, in January.
Addressing the Forum’s Council on the Future of Travel and Tourism, Professor Havel argued that the rule continues to bar airlines from engaging in cross-border mergers and creating foreign subsidiaries that are common in most other industries. Professor Havel is a member of the Council, which includes CEOs and senior executives representing the global hospitality and travel industries, as well as senior government officials including the Peruvian and Mexican ministers for tourism.
Identifying the rules and regimes that should apply to small commercial drones that cross international borders was the focus of IALI Director Brian Havel's presentation at the 27th annual conference of the European Air Law Association, held in Edinburgh, Scotland earlier this month.
A long-time member of the Association’s Governing Committee and a regular panelist and moderator at its events, Professor Havel joined the chief legal adviser to the European Aviation Safety Agency, Frank Manuhutu, and the legal advisor to the UK Civil Aviation Authority, Alison Slater, for a vigorous panel discussion on the future regulatory regime governing unmanned aircraft – better known to the public as “drones.” While still an uncommon occurrence, cross-border drone flights are certainly in the future plans of commercial operators such as amazon.com, Professor Havel noted.
Professor Havel also spoke on cross-border drone issues in March at the DePaul Law Review Symposium, "The UAS Dilemma: Unlimited Potential, Unresolved Concerns." In connection with this work, Professor Havel and John Q. Mulligan, the Institute's FedEx/United Airlines Resident Research Fellow, have written an essay on international drone regulation for the forthcoming symposium issue of theDePaul Law Review.
International Aviation Institute Director, Brian F. Havel, recently addressed the fourth conference on the Cape Town Convention on aircraft corporate finance at the University of Oxford, UK. Professor Havel, who has addressed three of the four Cape Town conferences on issues relating to the relationship between the Convention and public international law, spoke on how the Cape Town Convention combines both public and private international law features.
In his remarks, Professor Havel placed special emphasis on how the convention gives private creditors a right of self-help that effectively bypasses the kind of court-ordered enforcement of remedies that we see in normal contract situations. This self-help process, in his view, fulfills Cape Town’s primary objective of “making public functions private.” The convention, in other words, uses the strength of the international treaty system to make private transactions in the global aircraft finance sector more uniform, reliable, and effective.
The conference, held annually at Oxford, is sponsored by the Cape Town Academic Project, a consortium that includes Oxford, the University of Washington School of Law, and the Boeing Company.
On October 8, 2015, in Vancouver, Canada, International Aviation Law Institute Director, Brian F. Havel, joined his aviation law colleague, Professor Alan K. Tan of the National University of Singapore, as joint keynoter for the inaugural Trans-Pacific Aviation Law & Policy Conference hosted by the Center for Asia-Pacific Initiatives of the University of Victoria, British Columbia. Professors Havel and Tan also engaged in a lively discussion about the economic rise of the Asia-Pacific region and its aviation linkages across the Pacific Ocean with North and South America.
In addition, Professor Havel participated in a panel on the future of aviation emissions regulation, commenting on the potential effects of the forthcoming Paris climate talks on the International Civil Aviation Organization's development of a market-based emissions regulation regime for international civil aviation.
Professor Havel also moderated the conference’s closing panel on the future of Trans-Pacific aviation. That session featured a distinctive mix of topics ranging from the new Trans-Pacific Partnership, to the prospects for an open skies agreement between China and the United States, and finally to the usefulness of near-space balloons as replacements for expensive orbital satellites. The panel included Hao Liu, a former visiting fellow at the International Aviation Law Institute, who now serves as Director of the Aviation Law Institute at Beihang University, Beijing, China.
Federal Aviation Administrator Michael P. Huerta and Deputy Administrator Michael G. Whitaker visited the International Aviation Law Institute on Tuesday, September 22, and participated in a wide-ranging discussion of FAA regulatory policy moderated by Professor Brian F. Havel, the institute's director.
Among the topics considered were the benefits and drawbacks of the FAA’s extensive rulemaking system, the agency’s expanding reliance on data collection and risk analysis, and the regulatory challenges posed by unmanned aircraft systems.
The discussion also examined the FAA’s increasing use of voluntary initiatives and performance-based rules, the agency’s “staged” approach to regulatory issues, the conceptual problems presented by possible regulation of unmanned operations in low-altitude airspace, and the FAA reauthorization bill currently before congress.
Institute Co-Director Professor Bruce L. Ottley, Adjunct Professor Steven M. Sandler, Research Fellow John Q. Mulligan, Executive Director Stephen B. Rudolph, and several current DePaul aviation law JD and LLM students attended the event. Also present were the new dean of DePaul College of Law, Jennifer Rosato Perea, and her predecessor Professor Greg Mark.
The International Aviation Law Institute (IALI) welcomes Dr. Sarah Jane Fox from Coventry University in England. She will be joining the institute this fall as a Fulbright Scholar. Dr. Fox holds a PhD in law from the University of Northumbria and specializes in free movement and transport policy. At IALI,
Fox will be researching aviation law and policy and related cross cutting aspects.
"I was absolutely delighted to be selected, and for my research area to be recognized," said Fox. "I am immensely looking forward to immersing myself in the U.S. culture and to working collaboratively with my colleagues."
IALI Executive Director Stephen Rudolph offered the following thoughts, "We welcome Dr. Fox to DePaul Law and the institute, and we look forward to working with her on critical aviation issues that touch on international law, policy and diplomacy. Her presence will enable us to broaden our research agenda and deepen our commitment to study civil aviation governance at the international level. We’re also honored that the US-UK Fulbright Commission chose to recognize Dr. Fox and her work, as well as the importance and vitality of this area of scholarship."
The DePaul Law Review held its 25th annual symposium, “The UAS Dilemma: Unlimited Potential, Unresolved Concerns,” in March. The symposium built on the February 15, 2015 proposed rule by the Federal Aviation Administration (FAA) which established a framework to allow routine use of certain small Unmanned Aircraft Systems (UAS). The final rule is anticipated next year. Third-year student, licensed pilot and Law Review Symposium Editor Daniel Ross organized the event in coordination with the International Institute for Aviation Law (IALI).
The College of Law was represented by IALI Director Brian F. Havel, who brought an international focus to the discussion, and Douglas M. Marshall, who discussed possible legislation for larger UAS. Marshall will teach DePaul’s new Unmanned Aircraft Systems Law course in fall 2015, the first of its kind in the country. A representative from the FAA provided an overview of the legal background and enforcement of UAS.
“The bottom line is we’re not able to roll out new regulations at the speed with which technology has developed,” commented IALI Executive Director Steve Rudolph. “The symposium brought a lot of these issues to the fore. It enabled DePaul to present myriad issues related to the use of UAS: from First Amendment privacy rights to the very raw technical issues of collision with other aircraft and every issue in-between.”
The International Aviation Law Institute is pleased to announce that first-year law student Daniel Spivey has been awarded a prestigious summer 2015 aviation law
Spivey received one of only two first-year
legal intern positions at JetBlue Airways in
New York City, where he will work with inside and outside counsel on a variety
of projects. The position will provide regular support across practice areas including litigation, regulatory, employment, transactions and corporate.
JetBlue Airways is among only a handful of organizations that offer aviation-related legal internships to students after only one year of law school.
In only its second year of participation, a DePaul College of Law team took third place (applicant side) at the Leiden Sarin International Air Law Moot Court Competition, held April 9-12 in Beijing, China.
The DePaul law student team of Sarah Beaujour, Christopher Ginn and Barbara Munube submitted two sets of memorials and delivered oral arguments four times over two days at the sixth annual event. In addition to bringing home third place honors, the team also scored a best-in-competition award for its written memorial for the
Patrick Jones (JD ’99) served as coach and accompanied the team to Beijing.
The Leiden Sarin Moot Court is organized by Leiden University and the Sarin Foundation. Twenty-two teams
from fifteen countries participated in this year’s competition. The 2016
event will be held in Jakarta, Indonesia.
Dr. Malgorzata Polkowska, the
Republic of Poland’s representative on the council of the International Civil
Aviation Organization (ICAO), visited the International Aviation Law Institute on
January 26. Dr. Polkowska served as guest lecturer for the Public International Aviation
Law & Policy class and met with institute faculty members. In her
presentation, Dr. Polkowska explained ICAO’s organizational structure to the
students and provided a first-hand account of the organization’s operations.
Appointed to her post in 2013,
Dr. Polkowska is Poland’s first-ever representative on the 36-member ICAO
Council. Prior to her appointment, she worked in both industry and
government, lectured at universities in Poland and Canada and published numerous articles on aviation law. Dr. Polkowska’s
participation in IALI’s educational mission is the first formal follow-up to
the institute’s December 8, 2014 symposium on the 70th anniversary
of the Chicago Convention, which was held in cooperation with ICAO following a
special session of the council.
It’s a little-known fact that DePaul offered some of the
first aviation law courses in the country, along with professors who
specialized in the field.
“I was wandering in the library here one day and I came
across a bound volume of the lectures of a DePaul professor in aviation law from
around 1940,” recalled International Aviation Law Institute (IALI) Director and Distinguished Research Professor of Law Brian
F. Havel. “It even preceded the Chicago Convention of 1944, which is the fundamental law of international aviation.”
In the 1920s, College of Law Professor John William Curran
taught law of agency, equity jurisdiction and trusts—and served as an early authority in aviation law. Georgetown Law Journal published Curran’s review of Carl Zollman’s CASES ON AIR LAW in March 1930. “Besides being the nucleus of a
course in ‘air law,’” Professor Curran penned in the review, “this volume
should prove useful to the practitioner.”
In 1932, DePaul added two summer aviation law courses, as
well as Zollman’s book, to its evening division curriculum (DePaulia archives
cite James Cherry as professor).
However, the fledgling field had its skeptics. By 1936, the
Association of American Law Schools no longer considered the subject important enough
to get its own entry. DePaul’s aviation curriculum quieted and, with the
exception of Professor Stanley B. Rosenfeld’s 1970 course, air law took to the
“Aviation law had almost disappeared as a subject of study
in the 1970s and 1980s—and some of the 1990s,” explained Havel. “We were
surprised by that. We felt that we were stepping into a fine tradition here and
that DePaul had always had a place in the study and the scholarship of
international and domestic aviation
law. We thought it was appropriate to pick up the reins of their good work.”
Stuart Banner’s history of airspace, WHO OWNS THE SKY
(Harvard University Press 2008), discusses this initial rise, and subsequent
fall, of aviation law in the United States, citing DePaul’s curriculum in the company
of programs from Northwestern University School of Law and Vanderbilt
University Law School.
Early aviation law proponents saw the field as “marked by
the absence of ancient and inflexible methods and rules and impenetrable precedents,”
wrote Banner. “Not just a specialized kind of practice, but a new field of
This sentiment resonates with IALI Director Brian F. Havel. “I
felt that aviation law, like the industry itself, was exceptional,” he said. “The
philosophical approach of the subject is different from what we normally
encounter in international law. It has an unusual combination of international
and domestic law and, obviously, it has to manage highly complex issues like
the supply of air transport services across borders, which means that it deals
directly with issues of sovereignty and issues of collaboration between states
for a greater good.”
As the son of renowned Czech glass master Miroslav Havel,
who left for Ireland following World War II to become founding chief designer
for Waterford Crystal, Professor Havel’s calling in aviation law wasn’t writ
large. Havel won a debate tournament in his final year at Dublin’s University
College that launched him on a debate tour of U.S. universities.
During his visit to New York, he accepted an on-the-spot
offer for an internship at a Manhattan law firm. He never returned to work in
Ireland. Havel pursued two graduate law
degrees at Columbia University in New York, practiced transnational corporate
and antitrust litigation at New York firm Paul Weiss Rifkind Wharton &
Garrison and then came to DePaul.
Over the course of his tenure at IALI, Havel has been Keeley
Fellow at Wadham College, Oxford, as well as visiting professor at Oxford, at
Leiden University in the Netherlands and at his original alma mater, University
College Dublin. He was also named Fulbright Distinguished Visiting Professor of
Comparative Law and Legal Pluralism at McGill University Faculty of Law. He is a
board member of the European Air Law Association and vice chair of the Advisory
Board of the International Institute of Air and Space Law at Leiden.
“He has boundless energy and an ability to manage so many
diverse things at the same time—it’s amazing to watch,” said IALI Executive
Director Stephen Rudolph (JD ’97). “He is inspired… and he can inspire others
to do great things.”
Havel is a progressive thinker who is drawn to the imaginative
foundations of his field. He describes airports as transcendent entities and
his academic oeuvre includes interdisciplinary scholarship like “In Search of a
Theory of Public Memory: The State, the Individual, and Marcel Proust” in the
Indiana Law Journal (2005).
“He is sought after by the media because the depth of his
knowledge is such that he can speak on these issues extemporaneously,” said
Havel is often solicited around the world for his skills as
a lecturer on civil aviation. Indeed, the seeds of the International Aviation
Law Institute trace back to one such conference. At the 2003 International Air
Transport Association conference in Singapore, Havel fell into discussion with
IALI Co-Director Michael S. Jacobs, DePaul professor and internationally
recognized expert in antitrust and competition law. The scholars agreed on the value
of aviation law study at DePaul and began laying the groundwork for the
A decade later, IALI serves as a beacon for aviation experts
and students in the Midwest—and worldwide. This visibility is evidenced by the
institute’s advisory board, which includes top-level authorities from around the
Great ground-floor strides
From its single seminar class in 2004, the institute has greatly
enriched its academic presence. IALI’s developments include new course
offerings, the only LLM concentration in International Aviation Law in the
United States, and a proposed Master of Jurisprudence program for
non-attorneys. In fact, DePaul is
only the third school in the world to offer a
graduate law degree in international aviation law, along with Leiden and
IALI also owes its success to an amalgam of niche experts. John
Q. Mulligan is an adjunct professor and the institute’s third FedEx/United
Airlines Resident Research Fellow. In addition to teaching, Mulligan conducts
high-level research supporting other IALI faculty members.
Mike Jacobs brings highly specialized expertise to the institute.
“When competition law comes into play in Asia or the EU,” Rudolph stated,
“Jacobs is a highly sought after authority.” Jacobs continues to serve as a distinguished
speaker on IP/antitrust issues abroad, most recently in Singapore.
Current Interim Dean and IALI Co-Director Bruce Ottley joined
the institute in 2011, contributing instrumental knowledge in tort
litigation—in aviation, this extends to personal injury, wrongful death and
products liability— and civil procedure.
“My first day at DePaul as a student was Brian Havel’s first
day as a professor,” recalled Rudolph. At the College of Law, he served as lead
research assistant and project manager for Havel’s first book, IN SEARCH OF
OPEN SKIES: LAW AND POLICY FOR A NEW ERA IN INTERNATIONAL AVIATION (Kluwer Law
Following graduation, Rudolph worked as an editor specializing
in aviation law at legal publisher CCH Incorporated. He started an advisory
board and invited Professor Havel to chair and appoint the members. The cache
of talent included Kenneth P. Quinn (JD ‘85), former chief counsel of the
Federal Aviation Administration (FAA) and protégé of former U.S. Secretary of
Transportation Sam Skinner (JD ’66), as well as former Virginia governor and
noted transport advocate Gerald L. Baliles. In 2001, Baliles and Rudolph cofounded
the journal Issues in Aviation Law and Policy.
In 2007, with leadership changing at CCH, Rudolph arranged
to relocate the journal to DePaul’s aviation institute. “Six weeks later,” he
said, “I took an age-55 retirement from CCH and came to work here as executive director
of the institute.” He laughs, “And I’m still the journal’s managing editor.”
One of Havel's early initiatives, the "Conversations
with Aviation Leaders" oral history project brings an expanding sphere of
aviation scholars to DePaul. Picking up from the Airline Deregulation Act of
1978, the series explores what led to—and what has come out of—what Havel
refers to as a “social experiment” in deregulation. Initial interviewees
included the late Fred Kahn, the chairman of the Civil Aeronautics Board; and
former president and CEO of New York Air Mike Levine. More have followed.
The most recent conversation was with FedEx president and
founder Fred Smith. In collaboration with DePaul’s Chaddick Institute for Metropolitan
Development director, Professor Joseph P. Schwieterman, the institute also
produces the IALI/Chaddick Lunch Lecture series. Now in its fourth year, the
event features a guest specialist discussing airports, air traffic or
intermodal transportation, which are areas of concern for both institutes. It
regularly caps out at 100 guests.
But the heart of the institute is its vibrant academic program.
“One of the most exciting aspects of the aviation courses was
the fact that the institute attracted high profile guest speakers from the
aviation community,” said Thomas Wangard (JD ’13), an attorney focusing on
aviation accident litigation and FAA enforcement actions at Condon &
Forsyth in New York.
“Thanks to DePaul’s aviation institute, I was able to attend
an international aviation law conference in China, clerk with the FAA and work
for a firm that handled aviation cases.”
Last spring, IALI introduced a new course, International Aircraft
Financing Law, to more than a dozen students, many of whom were working
“We’ve started attracting people who are already practicing
in the field, which is something we’d like to do more often,” said Rudolph. IALI
is in the process of introducing more academic initiatives, including an
aviation products liability course to be offered this spring.
“One of the things that we’ve promoted at the institute is
the idea of a more liberal international economic environment for the aviation
industry,” Havel said.
Havel has delved intensely into the law of the European Union
and likes to make comparisons with the United States. “The EU has aviation as a
priority,” he explained. “A lot of the effects of regional economic integration
pursed by the EU have been demonstrated through the aviation industry.”
Under Havel’s wing, the institute was deeply involved in the
historic 2007 Open Skies air transport agreement with the European Union, a
negotiation between the United States and the EU that yielded what some have called
the world’s most liberal aviation agreement.
IALI held workshops and conferences to discuss the plan.
Chief U.S. negotiator John Byerly, former State Department deputy assistant
secretary for transportation affairs, has since joined the IALI board and
visits annually for lectures and gatherings as a scholar-in-residence.
“Another one of the issues I’ve taken up as part of the theme
for the institute is to investigate the relationship between government and the
airline industry on the level of what I call ‘smart regulation,’” Havel said.
His new book THE PRINCIPLES AND PRACTICE OF INTERNATIONAL LAW (Cambridge
University Press 2014) elaborates on this concept.
Regulations do have the capacity to change the nature of the
industry, Havel explains, if they are wise
regulations—if they’re not simply
governmental impositions on the business models of the airlines, but actually
create the possibility of new business models. “It’s ironic that this industry
serves international trade and creates opportunities for international mergers
and acquisitions, but is everywhere restricted by an archaic regulatory system
that doesn’t allow foreign ownership of airlines,” he remarked.
“We’re looking at all of that, not necessarily because we’re
beating the drum for the airlines, but because we’re looking at what is
rational in terms of regulation. I think it’s a fascinating subject and I think
that the students welcome the opportunity to see how the world’s most visible
service industry is constructed and how it might be reconstructed in the
“One of the things I like about our DePaul graduates is that
they’re always blessed with a sense of initiative,” Havel said. “Many of my
students have taken off around the world and have become proficient in the law,
the culture and the business practices of other countries. I can think of at
least a dozen students who have done this in the last few years.”
Alumnus Cade Miller (LLM ’13), now an attorney with the FAA,
is duly prepared to return the compliment. “Without a doubt, I would not be where
I am in my career had I not attended DePaul,” he said.
“The institute prepared me to succeed in many different
areas within the aviation industry. I use the knowledge I gained from the
Public International Aviation Law course almost every day at work. The courses
helped to create an understanding of how complex aviation policy and regulation
can be. Class discussions that we had on aviation policy allow me to participate
in many complex FAA discussions at work, including those on unmanned aircraft
“As part of the Field Placement Program, I was able to clerk
at the FAA Great Lakes Region. The connections and experience from this
clerkship were integral to my hiring at the FAA as an attorney.”
Similarly, the future for aviation law looks busy.
“On the regulatory side there is economic regulation and
antitrust regulation through various departments of government,” said Rudolph.
“You also have safety regulation, the FAA (which licenses and supervises
pilots, airlines and aircraft mechanics and repair stations), and you have—especially
since 9/11—the TSA and all of the security issues—those are regulatory parts of
the industry. The newest area, of course, is unmanned aircraft systems, known
to the public as ‘drones.’ There are attorneys needed in all of those areas.”
Most recently, Havel joined a high-level EU panel alongside
the U.S. Secretary of Homeland Security (his former Paul, Weiss colleague Jeh Johnson) and participated in an EU Passenger Rights Workshop in Belgium marking
the 10th anniversary of the European Union’s air passenger rights legislation.
Along the celebratory continuum, the institute recently commemorated
the 70th anniversary of the Convention on International Civil Aviation, the
Chicago Convention, at the Hilton Chicago hotel on Michigan Avenue, where it
was negotiated and signed in December 1944. One of the few originals of the
1944 Convention text, bequeathed to IALI by emeritus professor and founder of
the International Human Rights Institute, M. Cherif Bassiouni, was displayed prominently
at the commemoration.
On the cusp of this momentous milestone, and with many more
on the horizon, DePaul’s IALI will soon celebrate its own 10-year anniversary
in friendly skies.
On December 9, IALI hosted a
six-member academic delegation from the Civil Aviation University of
China. Headed by Professor Yang Guoqing, former deputy administrator of
China’s Civil Aviation Administration (CAAC), the delegation was on a
fact-finding trip to North America to learn more about protecting surrounding
communities from airport noise.
Institute Director Brian Havel and FedEx/United
Airlines Resident Research Fellow John Mulligan participated in the gathering,
which was organized by IALI Foundation Advisory Board member Sandra Chiu.
Professor Joseph Schwieterman, director of DePaul University’s Chaddick
Institute for Metropolitan Development, made a special presentation. He
was joined by Michael Boland, interim commissioner of the Chicago Department of
Aviation, and Assistant Commissioner Aaron Frame. The discussion focused
on urban planning and noise mitigation measures at the two major Chicago-area
airports, O’Hare and Midway, including historical and current practices.
On September 22, Distinguished Research Professor and Co-Director of the International Aviation Law Institute Michael S. Jacobs presented the Drew and Napier Distinguished Talk in Singapore about "Three Hot Topics at the IP/Antitrust Intersection." The attendees were members of the local antitrust bar, antitrust and sectoral regulators, and in-house counsel for multi nationals. Drew and Napier is the preeminent competition law firm in Singapore, and one of the country's four so-called "legacy" firms, in existence prior to Singaporean independence.
From September 23 through October 2, Professor Jacobs taught a course in the fundamentals of IP law and Antitrust to student-delegates from around the world brought here at the invitation of the Ministry of Foreign Affairs, pursuant to the Singapore Cooperation Program. The delegates come from countries as small as Kiri Das and Bhutan, as large as Russia, Mexico and Egypt, and also include people from Namibia, Uganda, Malawi, West Timor, Chile, Sri Lanka and other countries as well.
October 1, Jacobs spoke for two hours with lawyers and economists at the Competition Commission of Singapore about the legal and economic treatment of Most Favored Nation clauses, certain kinds of distribution arrangements and reverse payment settlements of patent disputed in the pharmaceutical sector.
International Aviation Law Institute Director Brian Havel participated in a workshop marking the 10th anniversary of the European Union's air passenger rights legislation. Held in Bruges, Belgium on September 27, the workshop was co-organized by the Institute of European and Comparative Law at the University of Oxford and the College of Europe in Bruges.
The workshop featured national reports from many EU Member States on the implementation of the EU legislation over the past decade. Professor Havel presented the only non-EU report, discussing creative efforts by U.S. lawyers to try to apply the EU legislation extraterritorially in U.S. courts and also surveying the spread of "copycat" legislation throughout the world.
Co-chair of the workshop, Professor Jeremias Prassl of Magdalen College, Oxford, is a frequent participant in the institute's activities. He has contributed a number of pieces to Issues in Aviation Law & Policy, the institute's academic journal, and has taught the law of EU air passenger rights in the Institute’s advanced seminar in international aviation law.
An audience of leading aviation lawyers and policymakers gathered in London on September 11 to celebrate the publication of International Aviation Law Institute Director Brian Havel's new book (co-authored with Gabriel S. Sanchez), “The Principles and Practice of International Aviation Law,” published by Cambridge University Press.
The event was hosted by Quadrant, one of the UK’s top barristers’ chambers specializing in aviation and maritime law, in the main hall of their historic Fleet Street headquarters. After an introduction by Robert Lawson, Q.C., Professor Havel spoke on the autonomy of international aviation law as an academic discipline. He also briefly surveyed some recent topical issues in the field including the double Malaysian Airlines tragedies, Russian restrictions on overflights and the attempt by a Norwegian airline to set up an Irish low-cost subsidiary to fly routes to the United States from other EU countries.
Finishing on a somewhat lighter note, Professor Havel weighed up the respective legal rights of passengers who wish to recline their seats and passengers behind them who use anti-recline “knee defender” devices. All of these issues, he concluded, can be analyzed within the framework of his new book.
A key to rolling out the Federal Aviation Administration’s satellite-based Next Generation Air Traffic Management System — NextGen — will be making sure the technologies are compatible internationally, FAA Deputy Administrator Michael G. Whitaker told a capacity audience at yesterday's fourth annual IALI/Chaddick Lunch Lecture, held at DePaul University College of Law.
Whitaker, who serves as the FAA's chief NextGen officer, discussed the ongoing talks between U.S. and European Union authorities to assure compatibility between NextGen and the EU version, known as SESAR. Compatibility of U.S. and EU air traffic management systems likely would guarantee buy-in from aviation authorities in Asia and elsewhere, and provide relatively seamless satellite-based air traffic control worldwide, he added.
Whitaker emphasized NextGen's ability to significantly reduce aircraft fuel consumption by enabling planes to make more gradual descents from greater distances, which allows the engines to run at idle during the longer landing approaches. This also results in less aircraft noise near airports.
According to Whitaker, Next Gen is roughly five years into a 20-year rollout plan, and is moving along on schedule. Full implementation of NextGen would have speeded the FAA's ability to recover air traffic handling capacity recovery following the attack last month on the In-Flight center in Aurora, Ill., although the existing system enabled 90 percent recovery in a matter of days, Whitaker noted.
Hosted by the International Aviation Law Institute at DePaul’s College of Law and the Chaddick Institute for Metropolitan Development in the College of Liberal Arts and Sciences, the annual IALI/Chaddick Lunch Lecture features a high-profile figure in civil aviation and an audience of prominent attorneys, urban planners, industry and government representatives, and DePaul law and urban planning students. (Photo by Carol Hughes)
DePaul's International Aviation Law Institute
welcomed 3,000 delegates to the 20th World Route Development Forum with
an exhibit on civil aviation's landmark Chicago Convention treaty, a
high-level panel discussion on the future of airline regulation, and an
address predicting the look of aviation in 2044.
Held September 20 to 23, 2014, at Chicago's McCormick Place, the
event brought together the largest range of airlines, airports, tourism
authorities, civil aviation authorities and other stakeholders
worldwide. This year's forum was held in Chicago to commemorate the 70th
anniversary of the Chicago Convention, the treaty that established the
International Civil Aviation Organization and governs the conduct of
international civil aviation.
To commemorate the Chicago Convention's 70th anniversary, visitors to
the exhibit hall were greeted by IALI's welcome pod, containing
historic film and video of the conference that created the Convention in
1944. At the pod's center was an original signed Chicago Convention,
which was donated to one of our professors by the U.S. Department of
State. Staffing the pod and greeting visitors is IALI Founding Director
and Professor Brian Havel, IALI Executive Director Steve Rudolph, FedEx/United Airlines Resident Research Fellow John Mulligan, and third-year law student Dan Ross, symposium editor of the DePaul Law Review.
On Sunday, September 21, Professor Havel moderated "Getting 'Smart' About Regulation: The
Regions Have Their Say," a panel discussion centered on the viability
of the International Civil Aviation Organization (ICAO) in an age of
regionalism. Primary topics included whether the era of multilaterial
regulation via ICAO is fading and if future civil aviation regulation
should take place at the regional level. The panel members were Vijay
Poonoosamy, vice president of international and public affairs, Etihad
Airways; IALI advisory board member Sandra Chiu, president, Centre for
Aviation Policy and Economics; Sebastian Mikosz, CEO, LOT; and Jeremy
Robinson, legal director, Hill Dickinson LLP (London).
Following the panel discussion, John Byerly, IALI advisory board
member and former deputy assistant secretary of state, presented
"Aviation in 2044 -- 100 Years After the Chicago Convention," a look 30
years into the future of civil aviation. Byerly offered his insights
from the perspective of a long career as a U.S. diplomat, during which
he became the architect of many of the world's Open Skies air transport
Two seminars conducted by International Aviation Law Institute Director Brian Havel
highlighted the institute's most recent visit to the headquarters of
the Civil Aviation Administration of China (CAAC) in mid-April. The
first seminar focused on ownership restrictions and alliances in the
international airline industry. In the second seminar, Professor Havel
considered the ongoing debate about whether multilateralism or
regionalism (or a blend of both) should be the locus for future
regulation of the industry, and he critically assessed how international
law and institutions have handled the search and rescue process for the
disappeared Malaysian Airlines flight MH370.
After the seminars, Professor Havel and global airline consultant
Sandra Chiu, a member of IALI’s Foundation Advisory Board, were the
guests of honor at a CAAC banquet hosted by Han Jun, CAAC’s
director-general for international affairs. Director-General Han’s
office handles all of China’s external aviation relations, including
bilateral air services agreements and he has been a guest of IALI in
Chicago. Professor Havel presented Director-General Han with a copy of
his new book, "The Principles and Practice of International Aviation Law (Cambridge Press 2014)."
Armando Rios and his niece Kimberly Rios had
no idea they shared a passion for law. But on the afternoon of law
school orientation, Kimberly turned around to find her uncle standing
“I asked him, ‘What are you doing here?’” Kimberly recalled,
laughing. “Then I saw his name tag and said, ‘No way!’” Armando was
equally surprised to learn that his niece was his classmate. “I saw her
across the room, and I knew exactly who that was,” he said.
On May 18, their family will celebrate when both graduate from DePaul
University’s College of Law. Throughout their time at DePaul, Kimberly
and Armando found ways to support each other, even though they pursued
Early inspiration drove Kimberly to law school
Kimberly found her calling while studying for the eighth grade U.S.
Constitution test. “I loved social studies and learning how the
government works. I knew then that I wanted to go to law school,”
Growing up in Aurora, Illinois, Kimberly was first generation
Mexican-American, and her parents placed a strong emphasis on higher
education. “I’ve always been into school; my mom never had to pressure
me to do my homework. I always felt an obligation to do it on my own,”
Kimberly said. In high school, she interned with the Kendall County
State’s Attorney’s office and found her niche in criminal law.
She went on to study political science and English at Aurora
University and also worked for a criminal defense attorney. “I thought
that I wanted to be a prosecutor, but then I saw what it’s like to be on
the other side,” Kimberly said. “By defending someone else’s rights,
I’m defending my own. And I’m making sure the Constitution is defended,”
As a law student, Kimberly worked for O’Connor Law Group LLC on
personal injury cases and found that being fluent in Spanish has helped
her connect with clients. “Being able to speak to the clients in their
native language allows me to build a relationship with them and
establish stronger client-attorney trust,” she said.
Kimberly said her classmates at DePaul brought a wide variety of
experiences and backgrounds to class, which enhanced her learning
“It’s always good to have a diverse population to give various
perspectives on different issues in a discussion-based class. DePaul’s
diverse student body — from socio-economic status, to age and race — was
reflected in my classes,” said Kimberly.
Armando combined love for aviation with interest in law
Flying is Armando’s first passion. He holds a private pilot’s license
and earned a bachelor’s degree from Lewis University in aviation
maintenance management. “There’s nothing like flying in the clouds, the
instruments telling you you’re right there on course,” Armando said.
However, a difficult time in Armando’s family life took him in an
“My dad came to America searching for better job opportunities and
then later started his own mattress manufacturing business,” he said.
“In the beginning, I was planning on going to Florida to finish my
commercial pilot’s license,” Armando said. “But then my father got sick,
so I had to stay in Aurora to help take care of him.”
When his father became ill, Armando faced legal challenges in
managing his father’s end of life care. “Then I knew I wanted a law
degree to help other people in the same situation.”
Returning to school several years after completing his undergraduate
degree, Armando was drawn to DePaul. “I grew up watching Blue Demon
games — the men’s and the women’s — and I have always been really
familiar with DePaul.”
Armando took two aviation law courses at DePaul that connected with
his real life experience from the field. Armando had interned with the
Federal Aviation Administration and assisted in investigating airplane
crashes. Being back in the classroom was much different than working on
an airplane. “It was hard to get back into the swing of things,” Armando
However, Kimberly and Armando were able to be there for each other
throughout their studies. “Occasionally we would have lunch together and
always made sure we reached out to one another,” said Armando.
“We only took two classes together,” said Kimberly. “We wouldn’t sit
together or anything; I like to sit in the very front and my uncle liked
to sit in the back. In the classes we took together we would help each
other with homework, send each other references and give support to one
another in class,” she said.
Armando smiled and laughed as he remembered when two of their
professors found out that he and Kimberly were related. “None of our
professors really knew that we were related, but a couple did figure it
out. After that, one professor used us in hypothetical, which is similar
to an in-class scenario. And the other just started to call me ‘uncle’
whenever he saw me.”
Both Kimberly and Armando have high hopes for after graduation.
Kimberly will be starting a full-time position with O’Connor Law Group
and dreams of one day working for a public defender’s office. Armando is
pursuing a position that will incorporate his studies in aviation and
his law degree.
One in a series of stories about graduates from the Class of 2014 published by DePaul's Newsroom.
Patrick Jones (JD '99, LLM candidate) and Lindsay Vanderford (JD candidate) were the first students to represent DePaul College of Law and the International Aviation Law Institute (IALI) at the Sarin Leiden International Air Law Moot Court Competition in Bucharest, Romania, in March 2014.
Jones and Vanderford submitted two sets of written memorials and delivered oral arguments four times over two days at the 5th annual competition. Their efforts earned a top-5 score in four of the six scoring categories, including high marks for both sets of their written memorials, as well as overall score when representing the respondent. John Mulligan, the IALI's FedEx/United Airlines Resident Research Fellow, served as the team's coach.
The Sarin Leiden International Air Law Moot Court is organized by Leiden University and the Sarin Foundation. The 2015 competition will be held in Beijing, China.
The International Aviation Law Institute welcomed John R. Byerly, the State Department's longest-serving deputy assistant secretary for transportation affairs, as its scholar-in-residence earlier this month. Byerly served as guest lecturer for the Public International Aviation Law class, and led a lively student discussion about the making of national aviation policy and the application and interpretation of air services agreements.
Following the lecture, 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, 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.
Professor Brian F. Havel, academic director of the International Aviation Law Institute, addressed the Chicago Bar Association's Aviation Law Committee on the subject of “Passenger Rights: Where the Airlines Failed” on March 5. The event, which was simulcast live on the CBA’s website, was chaired by DePaul law alumnus and prominent private aviation law attorney Alex Herran (JD '91).
In his address, Professor Havel explained how the airline industry became complacent about the alleged exclusivity of the delay provisions in the Warsaw and Montreal liability conventions, and was surprised by the speed with which governments across the globe chose to adopt passenger rights legislation that now co-exists with the conventions. Professor Havel concluded that passenger rights are politically popular, and the industry needs to coordinate its response through organizations such as the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA)
Bruce Ottley has been appointed interim dean of the College of Law at DePaul University, effective June 1. Ottley is a professor in the law school, where he teaches courses in civil procedure, torts, and remedies and products liability. He previously served as associate dean in the college for a total of nine years, most recently from 1996 to 2000, and as acting dean for a brief period in 2006.
In addition to teaching, Ottley is director of the DePaul University-University College Dublin Cooperative Program and co-director of the International Aviation Law Institute. An esteemed expert on tort law, Ottley also conducts seminars for Illinois judges through the Administrative Office of the Illinois Courts.
Prior to joining DePaul’s College of Law in 1978, Ottley practiced law in Papua New Guinea, where he served for a year as a court magistrate of the National Capitol District Court. He also taught law for five years at the University of Papua New Guinea. Ottley is a fellow of the American Anthropological Association and travels to the South Pacific islands, Australia and New Zealand to conduct research.
In addition to journal articles, Ottley is co-author of several books, including, “Understanding Products Liability Law,” “Illinois Tort Law” and “Arson Law and Prosecution.”
He has a Master of Laws from Columbia University, a Juris Doctor and master’s degree from the University of Iowa, and a bachelor’s degree from the University of Missouri-Kansas City.
“Bruce’s distinguished career as a lawyer, professor and university administrator make him well suited to serve as interim dean for DePaul’s College of Law,” said Patricia O’Donoghue, interim provost. “His colleagues demonstrate great administration and respect for his skills as a leader and scholar. I am confident he will successfully guide the college during this time of transition."
DePaul plans to launch a national search for a permanent dean soon. See more at DePaul's Newsroom.
Professor Brian Havel’s op-ed piece How Did Stolen Passports Get Through? headlines the opinion page of on CNN.com. Havel says “…it is not a surprise that at least two people were able to board Malaysia Flight 370 with stolen passports,” noting that while more than half of all trans-border passenger movements take place at airports, passenger treatment in airport security lines is very much dependent on local regulations and practices.
“Nations continue to have their own ideas about how to monitor travelers, how security information should be shared and to what extent identity information should be the subject of strong privacy protection,” Professor Havel adds, urging nations that have developed their own security databases to cross-check them with existing international systems such as Interpol. He concludes that the time has come for global coordination and standardized procedures for processing travel documentation.
Brian F. Havel is the director of the International Aviation Law Institute at the College of Law.
A marathon three-hour interview with FedEx founder, chairman and CEO Frederick W. Smith is the seventh installment of the International Aviation Law Institute’s “Conversations with Aviation Leaders” oral history project. Conducted by Professor Brian F. Havel, the institute's director, the wide-ranging interview is the first in the series to explore in depth the regulatory environment governing air cargo transport, as opposed to air passenger transport. Particular attention is devoted to the process by which industry interacts with government officials in pursuit of regulatory changes on both the domestic and international level.
Fred Smith famously formulated the idea of FedEx for an undergraduate economics class at Yale University. FedEx was the world's first overnight express delivery company, and is the largest in the world.
Recorded at the FedEx television studio in Memphis, Tennessee, the interview will soon be posted for viewing alongside the previous six interviews on the institute's website. The “Conversations” project is developing a record of the legal and policy history of the airline industry during the age of global deregulation, as told through the voices and memories of its participants. The project is a valuable resource for the large community of students, scholars, and policymakers interested in understanding the airline industry’s role in the broader deregulatory movement that continues to transform economic policy today.
International Aviation Law Institute Director Brian F. Havel moderated a high-level panel including European Commission Vice President Siim Kallas and FAA Administrator Michael Huerta on "The Future of Regulation" at the 2014 Singapore Airshow Aviation Leadership Summit on Monday, Feb. 10. The panel covered a range of regulatory topics facing the international air transport industry, including lessons to be learned from the airlines’ failure to properly anticipate and respond to demand for passenger rights regulations, the need for a harmonized global approach to regulation, and the role of the International Civil Aviation Organization in guiding such an effort.
Professor Havel’s questions — particularly regarding the ICAO’s ability to regulate, and whether the airlines brought the passenger rights problem on themselves — proved challenging and provocative, resulting in a lively exchange among the participants.
On November 8, IALI Director Brian Havel was a featured speaker at the 25th annual conference of the European Air Law Association (EALA) in Madrid, Spain. Professor Havel spoke on the next steps that may occur with respect to removing legal limits on foreign investment in national airlines. Focusing specifically on the U.S. situation, he noted that constituencies that have supported change -- including a number of major airlines -- are no longer actively pushing for reform as the U.S. airline industry’s economic condition has improved. The session was chaired by Professor Pablo Mendes de Leon, EALA president and director of the International Air and Space Law Institute at Leiden University. Professor Havel recently was named visiting professor of law at Leiden.
Dr. Jeremias Prassl, Supernumerary Fellow in Law at St. John’s College, Oxford, visited the International Aviation Law Institute (IALI) on Monday, October 21, to teach a seminar on EU passenger rights law.
Dr. Prassl focused his discussion on the tension between the delay provisions of the Montreal Convention and the terms of EU Regulation 261 on passenger compensation for delays, cancellations and denied boarding. Dr. Prassl’s article, "The European Union and the Montreal Convention: A New Analytical Framework," was published in the Spring 2013 issue of IALI’s academic journal, Issues in Aviation Law and Policy.
The retired president of the Airports Council International/North America said Monday that the nation’s aviation policy framework and mindset are overdue for a complete overhaul.
Speaking at an event sponsored by DePaul University’s International Aviation Law Institute (IALI) and Chaddick Institute for Metropolitan Development, Greg Principato said that the United States does not have the facilities, policies or mindset as a country to position itself as an economic hub in a globalized future, noting that the recent FAA shutdown, sequestration and federal government shutdown have only underscored the need for a new approach.
“We have an aviation policy framework and mindset that were formed when the main purpose of aviation, in our minds, was just flying people around the United States,” he said. “They were formed when China was an insular communist disaster, when Korea was decidedly third world, when the Gulf Arab countries had little ability to act outside their own narrow frame of reference, when Singapore and Hong Kong were exotic places to film James Bond movies.”
While those situations changed years ago, U.S. aviation policy has evolved little since the deregulation of 1978, Principato asserted, arguing that this portends the same degree of problems that faced the U.S. steel and automotive industries in the past three decades if change does not occur.
“This is a global market, a global industry and these are global decisions with global consequences,” he urged. “Just because we invented commercial aviation doesn’t mean we have perfected it. The landscape has changed, and we have not.”
Principato stated that American people and policymakers take aviation for granted and do not comprehend the problems facing the system. He said our nation’s competitors have global ambitions and global strategies, and are looking decades ahead.
He said any vision for the future should set the 50 largest airports, including Chicago’s O’Hare and Midway Airports, free from existing federal programs and allow smaller airports to opt in or out of the program, adding that once free, a given airport could impose a fee without limit, understanding that airlines could choose not to serve their communities if it is too large.
“That’s the incentive for airports and airlines to work more closely together,” Principato said. “In fact, the best airport leaders around the world will tell you that having that kind of financial freedom means they work more closely with their airlines, not less.”
This is the third time IALI and the Chaddick Institute have jointly invited a major national speaker to DePaul University to discuss transportation and aviation policy. IALI Director and Distinguished Research Professor Brian Havel said, “With O’Hare’s recent opening of a new runway, airport policy is high on the city’s agenda and the two institutes brought a speaker with long and broad experience in this area who could help local transportation leaders, but also policy officials nationwide, to imagine the necessary next steps to restore U.S. dominance in civil aviation. Principato’s lecture offered a dynamic entrepreneurial approach to running the nation’s airports—an approach that fits with the mission of both DePaul institutes to encourage new thinking in U.S. transportation policy.”
For more information about the lecture or IALI, please contact IALI Executive Director Stephen Rudolph, email@example.com.
Professor Brian Havel, academic director of DePaul College of Law's International Aviation Law Institute, will participate as a speaker and panelist at the 2013 International Civil Aviation Organization (ICAO)/McGill University Pre-Assembly Worldwide Conference, to be held September 21 and 22 in Montreal. The conference is being held in advance of the 38th session of the ICAO Assembly.
Professor Havel will make a presentation to the conference and participate in a panel discussion on the proliferation of aviation-specific taxes, fees and charges, and their impact on the air transport industry. A question and answer session will follow.
On September 10 and 11, Professor Havel participated in the second conference of the Cape Town Convention Academic Project at the University of Oxford. This project facilitates the study of the Convention on International Interests in Mobile Equipment, which includes a protocol dealing specifically with aircraft.
Professor Havel helped organize the Cape Town Academic Project and its initial conference last year, during the second year of his recently concluded fellowship at Oxford. In connection with the project, he authored a teaching module on the convention for use in public international law courses.
Greg Principato, past president of Airports Council International-North America, will present at the International Aviation Law Institute (IALI) and Chaddick Institute for Metropolitan Development's third annual lecture on October 21 at DePaul University. The title of his lecture is "Trouble on the Tarmac: Redirecting U.S. Aviation Policy to Promote Economic Growth."
Principato served eight years as president of Airports Council International-North America, before stepping down in June 2013. During his 30 plus-year career, he worked on a wide variety of aviation issues. His many achievements include serving as executive director of the 1993 National Airline Commission, helping negotiate a new air service agreement between the United States and Japan, working to develop a new global standard for aircraft noise, and helping negotiate an international airline alliance.
Each year, IALI and Chaddick invite an expert in national aviation policy and advocacy to discuss the role of commercial airports and their impact on U.S. cities and the national transportation network. Past presenters include Christa Fornarotto, the Federal Aviation Administration’s associate administrator for airports, and Professor John Kasarda, author of the book "Aerotropolis: The Way We’ll Live Next."
Attendance is by invitation only. For more information, please contact IALI Executive Director Stephen B. Rudolph.
"The Sorry State of Joint Venture Analysis" was the title of Professor Michael Jacobs' keynote address at the 24th Annual Workshop of the Competition Law and Policy Institute in Aukland, New Zealand. Professor Jacobs, a co-director of the International Aviation Law Institute at DePaul University College of Law, delivered the address and presented the accompanying paper on August 2. Attendees at the workshop included a justice of the Supreme Court of New Zealand, antitrust regulators from Australia and New Zealand, and antitrust lawyers, economists and academics from both countries.
Professor Brian F. Havel, academic director of the International Aviation Law Institute, delivered his first lecture as newly-appointed visiting professor of law at Leiden University Law School in the Netherlands on May 13.
The topic was sweeping, The Legal Regime Governing Trade in International Air Services, and effectively allowed Professor Havel to review an entire semester's worth of material in an intensive three-hour session. The students are enrolled in the Advanced Master of Laws (LL.M.) Program in Air and Space Law at Leiden's International Institute of Air and Space Law. Professor Havel will return to Leiden to give further lectures in September and November 2013.
Professor Havel will be in Dublin, Ireland, in the week beginning June 17, 2013, to present a new course in international aviation law at University College Dublin (UCD), where he was also recently appointed as visiting professor of law. The course, which he will co-teach with UCD lecturer Noel McGrath, is specially designed for aviation professionals. Ireland is one of the leading world centers of aviation corporate finance and also the home state of the international aircraft registry established under the recently-effective Cape Town Convention. As well as presenting a complete overview of trade in international air services, the course will include modules that are specifically focused on the acquisition and disposition of aircraft under that convention.
In mid-July, Professor Havel will complete his historic two-year term as Keeley Visiting Fellow at Wadham College, University of Oxford, before returning to Chicago.
IALI Director Brian Havel and FedEx/United Airlines Resident Research Fellow John Mulligan represented the institute at the 2013 IATA Legal Symposium February 17 to 19 in Berlin. The three-day conference included panels and presentations concerning a number of international aviation law and policy issues on which the institute has worked over the past few years, including aircraft finance, antitrust and dispute resolution. During the final session, Professor Havel participated in a lively panel debate entitled "Does International Air Law Still Matter?"
International Aviation Law Institute Co-Director Michael Jacobs has been selected as the keynote speaker for the 24th annual workshop of the Competition Law & Policy Institute of New Zealand (CIPLINZ), which will take place on August 2 in Auckland. Professor Jacobs also will present a paper at the event. The CLPINZ serves as a key forum for experts to contribute to future competition legal and policy initiatives. The workshop is attended by lawyers, economists, regulators and judges from New Zealand, Australia and the Asia-Pacific region.
The International Aviation Law Institute journal Issues in Aviation Law and Policy (IALP), has published its second special edition, containing transcripts from the institute's acclaimed "Conversations with Aviation Leaders" Oral History Project. The project explores the origins, history, and record of U.S. airline deregulation as told through the voices and memories of its participants. Six interviews have been completed to date, all of which may be viewed at the Institute's website.
By transcribing these interviews, IALP has turned valuable conversations into more easily searchable and citable scholarly resources. Later interviews will be collected in subsequent special editions.
The current special edition contains interviews with the following aviation scholars:
John R. Byerly, the U.S. Department of State's longest-serving Deputy Assistant Secretary for Transportation Affairs, and the lead U.S. negotiator for dozens of U.S. air services agreements (ASAs), including the historic U.S.-EU Open Skies agreement
- The Honorable Gerald L. Baliles, former Attorney General and Governor of Virginia and chair of the 1993 National Commission to Ensure a Strong Competitive Airline Industry; Gov. Baliles is also the co-founder of Issues in Aviation Law and Policy
- Jeffrey N. Shane, who served in a number of key policymaking positions in the federal government over a 30-year period, including Under Secretary of Transportation for Policy from 2003 to 2008.
To purchase a copy of the special edition, or to subscribe to IALP, please email IALP@depaul.edu.
The International Aviation Law Institute (IALI) is pleased to host visiting scholar Dr. Zhyldyz Tegizbekova, dean of the law program at the International University of Central Asia in the Kyrgyz Republic. Dr. Tegizbekova, who returns to DePaul following her spring 2010 IALI residency, will spend a semester at the College of Law as part of a Soros Foundation/Open Society Institute program.
Internationally recognized and renowned for her high level aviation work, Dr. Tegizbekova specializes in research on the development of aviation law in the Kyrgyz Republic, on customary law, and on comparative analysis of U.S. and Kyrgyz law.
Aside from meeting with staff and faculty members at DePaul, Dr. Tegizbekova will write an article on the concept of open skies in Krygyzstan for Issues in Aviation Law and Policy, and will observe an aviation law course led by FedEx/United Airlines Resident Research Fellow John Q. Mulligan.
Thomas Wangard knew he wanted to combine his love for aviation with his passion for the law when he considered taking the law school plunge.
That is why it was an easy decision to choose DePaul’s College of Law when he discovered its International Aviation Law Institute (IALI).
“I realized studying with the institute was the perfect route for me,” says Wangard, who is now a third-year law student. “The institute has exposed me to substantive aviation law, government policy and some of the individuals who were instrumental in enacting both. I have had the great opportunity to learn directly from the aviation industry’s titans.”
IALI is just a single example of the College of Law’s investment in experiential learning and faculty enrichment through clinics and institutes.
The law school boasts 15 centers and institutes focusing on a range of issues from criminal defense and family law to intellectual property and cultural heritage law. Each has helped students parlay classroom learning into hands-on experience, while offering faculty a forum to spotlight their academic acumen.
Established in 2004 by distinguished research professor of law and international aviation scholar Brian F. Havel, IALI is the only international aviation law institute in the United States. IALI quickly embraced its mission of educating the next generation of aviation law and policy experts, and has become a valuable resource to help students gain practical experience in international law. The institute also is a sought-after source of information for academics and policymakers around the world, and has given faculty and students the opportunity to consider cutting-edge aviation law issues as they come to the fore.
“The institute allows students to put their legal skills to work in real-life settings that enrich them beyond the typical law school classroom experience,” says Steve Rudolph, executive director.
“Working with the institute equips students to hit the ground running upon graduation, and [to] thrive in the legal profession.”
Some of the ways the institute has expanded opportunities for students and faculty is by becoming a leader in the aviation legal arena. Fifteen to 25 students are involved with the institute each semester. They not only take classes in aviation law and policy, but some also work with practicing attorneys in government service and private practice through paid clerkships and unpaid externships.
They also assist law faculty as research assistants and help edit the institute’s scholarly journal, “Issues in Aviation Law and Policy.” With a global reputation, the institute often helps impact policy decisions. Faculty and students work with partners in such locations as Europe and China. For example, Havel coauthored a major paper that focused on the many unsettled legal questions that remained after the European Union Court of Justice issued a ruling validating the inclusion of non-European airlines in the Emissions Trading Scheme. The institute’s strong alliance with China made possible a visiting scholar and academic exchange program with Beihang University. “The institute has helped to foster more collegial dialogue and better understanding between the United States and Chinese governments on matters pertaining to international civil aviation,” says Rudolph. “A few years ago, the institute hosted Li Jiaxiang, administrator of the Civil Aviation Administration of China, and an honorary member of the institute’s faculty. When he spoke at DePaul’s law school, he emphasized the importance of our good relationship in his remarks.”
The clinic and institute experience can launch careers. “I have had the opportunity to talk to high-level representatives from law firms, the government, aviation trade groups, aircraft manufacturing and airlines,” says Wangard. “Through these interactions, I was able to set up an internship with the Federal Aviation Administration. My work at the FAA led to a Law Review article and opened the door to my current job at a law firm that specializes in aviation-related litigation.”
This article first appeared in DePaul University's VISION twenty12 Final Report.
Co-Director of the International Aviation Law Institute
Mike Jacobs continues to participate in important antitrust and competition law conferences worldwide.
On December 8, Jacobs attended the Asian Competition Forum's (ACF) annual board of directors meeting in Hong Kong. The ACF was founded in 2005 by a group of academics in law and economics and experts in competition law in the Asia-Pacific region. The organization promotes economic competition through research and study of law and economics through teaching, conferences and seminars, and publications.
Professor Jacobs also spoke at the ACF's 8th Annual Conference, presenting his paper titled "Developing a Culture of Competition--a Subversive View." The conference was held at Hong Kong Polytechnic University. The following day, Professor Jacobs chaired a panel discussion on "Contemporary Issues in Japanese Antitrust."