Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Entire DC Network
Route Competition In Hong Kong, Yizhang Qiu, Sinchit Lai
Route Competition In Hong Kong, Yizhang Qiu, Sinchit Lai
Journal of Air Law and Commerce
Open sky policies have been implemented for decades, giving birth to many airline newcomers from diverse backgrounds lifting off into liberalized skies. EasyJet, Ryanair, Wizz Air, and Southwest Airlines are examples of independent budget airlines, branding the outcome of aviation liberalization and contributing to interoute competition through their networks. However, Hong Kong International Airport, which aspires to be a better and greater air hub, is crowded with local carriers, and the airport flight timetables rarely show the presence of non-local budget airlines or competing routes. This Article examines the importance of interoute competition and the role that budget airlines play …
Book-And-Claim System For Sustainable Aviation Fuels, Christine Kranich, Sarah J. Haas
Book-And-Claim System For Sustainable Aviation Fuels, Christine Kranich, Sarah J. Haas
Journal of Air Law and Commerce
This Article provides an overview of the regulatory (legal) framework in which the decarbonisation of aviation is embedded, with a focus on European law. The Article further provides updates on EU-ETS, CORISA, RED III and the minimum quota of SAF supply in accordance with Refuel EU Aviation up to October 2023. Sustainable Aviation Fuels (SAF) will be described in detail in this Article, and it is further explained that the use of SAF could significantly contribute to aviation becoming “greener”. As the availability of SAF is still rather scarce, the Article revolves around a mechanism of a global book-and-claim system …
Tort Claims Arising From Military Aircraft Crashes Are Not Preempted By The Federal Aviation Act, Timothy A. Loranger, Crawford Appleby
Tort Claims Arising From Military Aircraft Crashes Are Not Preempted By The Federal Aviation Act, Timothy A. Loranger, Crawford Appleby
Journal of Air Law and Commerce
The Second Circuit's landmark ruling in Jones v. Goodrich Pump & Engine Control Sys., Inc. establishes crucial precedent by asserting that tort claims stemming from military aircraft crashes are not field or conflict preempted by the Federal Aviation Act (the Act). This decision, the first of its kind at the appellate level, carries far-reaching implications. The court’s rationale, grounded in the Act’s plain language, emphasizes that “public aircraft,” including military ones, are exempt from Federal Aviation Administration regulation. Title 49, section 44701(a)(1), explicitly excludes public aircraft from the Act’s purview. While the court’s analysis relies on the Act’s text, it …
Asset-Based Financing For Space Activities, Francesca Giannoni-Crystal
Asset-Based Financing For Space Activities, Francesca Giannoni-Crystal
Journal of Air Law and Commerce
The space industry—whose numbers are already substantial—has undeniable potential for further growth. However, because it no longer consists of only multibillion-dollar companies, the industry needs access to traditional financing. Venture capital alone is insufficient. This Article discusses some difficulties for the space industry’s access to traditional—and especially asset-based—financing. Some are common to all space activities, while some exist only for novel space activities. These difficulties cover a broad range of legal, regulatory, and factual issues (including insurance). While the problems are difficult, ideas to solve them are plentiful, a number of which the paper discusses. The paper also presents ways …
Space Mining, Isabelle M. Thibault
Space Mining, Isabelle M. Thibault
Journal of Air Law and Commerce
The Outer Space Treaty, the leading source of law for activities in space, has laid out various limitations and regulations regarding actions in space and how space can be used. One of these limitations is commonly referred to as the “non-appropriation principle.” The non-appropriation principle prohibits nations from making claims of sovereignty over celestial bodies in space. This presents a problem as the space industry continues to progress because it causes uncertainty regarding the meaning of appropriation, what is classified as a celestial body, what acts are allowed, and who specifically is prohibited from acting. This Comment identifies these problems …