Institute of Air and Space LawCourse Outline
McGill UniversityWinter 2015
Faculty of Law – McGill University
GOVERNMENT REGULATION OF AIR TRANSPORT[*]
Course No : ASPL 613
Professor Martine De Serres
Winter Term
3 credits
COURSE DESCRIPTION
This course focuses on the domestic and international economic, safety, security and environmental regulation of air transport. Key themes include:
Why do Governments regulate or deregulate markets for air transport?
How do the economics of the aviation sector impact regulatory policies and vice versa?
What are the legal regimes governing key issues of the aviation business, such as international routes, pricing, code-sharing, joint ventures, airline alliances, computer reservation systems, airport slots, etc?
What is the relationship between sectoral airline regulation and competition law?
What are the regulatory tools used by Governments as the means for regulating civil aviation?
How are consumer rights protected domestically and internationally?
What multilateral regimes govern the supply of aviation services?
What are the present challenges and trends in the regulatory regime of air transport?
Method of Evaluation:
Oral Presentation: 25%; Final Examination: 75%. The take-home exam isan open-book examination due 24 hours from picking up the examination. You may not discuss the examination, nor collaborate with, any other student on the examination.
Teaching Hours: Wednesdays 17:30 – 20:30
Professor Information: Preferred method of communication is by email, telephone or by appointment before or after class. Contact: or by phone (514) 422-5883.
OUTLINE:
- ORIGINS OF ECONOMIC REGULATION OF TRANSPORTATION
- REGULATORY REFORM AND DEREGULATION
- ECONOMIC Regulation of Airlines
- Structure of Aeronautical Authorities
- Domestic Regulation of Carriers
-Air Carrier Certification
-Licencing
-Tariffs
- Competition, Fitness, Insurance
- Foreign Certifications, Permits and Operating Licences
- Wetleases, Charters and Feeders
- Small Community Service and Service Withdrawal Notification in Canada
- National Ownership and Control and Foreign Ownership Restrictions
- Airline Relationships and Evolving Rules on Foreign Ownership
- Introduction to Consumer Protection Rules
- INTERNATIONAL REGULATION OF AVIATION
- Chicago Convention Regime
- Freedoms of the Air and their commercial importance
- Types of Air Services Agreements
- Elements of an Air Service Agreement
-Air Traffic Rights
-Designation
-Pricing
-Routes
-Substantial Ownership and Control
-Authorization /Certificates / Licences
-Fairness and Non-Discrimination
-Safety
-Security
-Customs
-Taxation
-Environment
- Traffic Rights and Restrictions
- Capacity Restrictions
- Pricing Freedoms
- Open Skies Agreements
- Computer Reservations Systems
- Travel Agencies
- IATA Regime
- Customs
- Currency Remittance
- ANTITRUST AND COMPETITION LAW
- Effects of National Ownership and Control Laws
- Multinational Airlines
-Alliances
-Joint Ventures
-Codesharing and other airline partnerships
- Key Competition Principles
-Conspiracy
-Monopoly
-Mergers
-Predation
- Canadian Competition Regime
-Self-Assessment and Required Notifications
-Regulatory Structure: Competition Bureau and Tribunal
-Carve-outs and pro-competitive Measures
-Key Aviation Case Law
- U.S. Anti-trust Immunity
- EU Competition Commission
-Merger Reviews
-Commission Questionnaires to Key Stakeholders
-Pro-Competitive Commitments
- Other National Competition Regimes
- Need for a Harmonized Approach
- DISABILITY RULES
- US 14 C.F.R. Part 382
- The EU Approach and Conflicts with US Part 382
- Canadian Transportation Agency Accessibility Cases
- CONSUMER PROTECTION
- Airline Tariffs
-Content of Tariffs
-Historical Regulatory Oversight
-Distribution of Tariffs to Regulators Internationally
-Public Access to Tariffs
-Canadian Approach to Regulating Passenger Rights
- Conditions of Carriage Content and Disclosure
- Passenger Rights Regimes
- Flight Delays and Cancellations
- Oversales and Denied Boarding Compensation
- Tarmac Delays
- False and Misleading Advertising
-One-way vs. round trip purchases
-“Free” tickets
-Local currency requirements
-Availability displays, etc
- All-inclusive Pricing Regulations
- Ancillary Fees Disclosures and Impact on Global Distribution Systems
- Code Sharing
-Disclosure Obligations
-Applicable terms and conditions
- Baggage Allowance for Multi-Carrier Journeys
-IATA Resolution 302
-US DOT Approach
-Other International Responses
- AIRPORT & INFRASTRUCTURE ISSUES
A.Importance and Types of Infrastructure
B.Airport Operations
C.Airport Gates
D.Slots
E.Safety Concerns
F.Restrictions of Operations
G.Congestion at Major Airports
H. The Impact of Infrastructure on Airline operations and profits
- SAFETY REGULATION
- Domestic Air Carrier Certification
- Personnel Licencing
-Pilot (Airman) Certification
-Mechanic Certification
-Flight Attendant Certification
-Repair Station Certification
- Airport Certification
- Air Navigation Service Providers Certification and Oversight
- Regulation of Training Facilities
- SECURITY REGULATION
- Legal Reaction to Sept 11
- Creation of a Security Bureaucracy
- Inefficient security regimes
- Screening of Passengers and Bags
- Securing the Cockpit
- Dangerous Airports
- Disruptive Passengers
- APIS/PNR Passenger screening
- Privacy Rights and International Conflicts of Laws
- Sharing Confidential Passenger Information
- No-Fly Lists, laws and problems
- Trusted Travellers
- Airport Security and Restricted Areas
- International Connections – Lounges and Visas
- Carry-on Items; Liquids and Gels
-Volumetric Controls
-ICAO’s Sealed Tamper-Evident Bag (STEB) for Duty-Free
- ENVIRONMENTAL LAW IN AVIATION
- Need for action
- Kyoto Protocol
- ICAO Environmental Measures on Emissions
- International EnvironmentalRegulation
-EU Emissions Trading System
-Fuel Taxes
-Ad Hoc National Environmental Initiatives Targeting the Airline Industry
- Operational Improvement
- Off-set Programs
- Noise
-Aircraft Noise
-Airport Noise
- Constitutional Issues in Canadian Environmental Law
- LABOR AND EMPLOYMENT LAW
BIBLIOGRAPHY
Compulsory Material:
Dempsey, P.S. & Gesell, L.E., Public Policy and the Regulation of Commercial Aviation(Coast Aire 2013)
Recommended Material:
Abeyratne, R.I.R., Legal and Regulatory Issues in International Aviation (Irvinigton-on-Hudson, NY, 1996).
Cheng, B., The Law of International Air Transport, (London 1962)
Dempsey, P.S. & Goetz, A., Airline Deregulation & Laissez-Faire Mythology (Westport: Quorum 1991)
Dempsey, P.S., European Aviation Law (Kluwer Law International 2004)
Dempsey, Paul S., Law and Foreign Policy in International Aviation (Dobbs Ferry, N.Y. Transnational Publishers, 1987).
Fitzgerald, Paul, Air Passenger Rights; the first Canadian efforts; an inauspicious beginning, 9 IALP 33-88 (2009).
Havel, Brian F., In Search of Open Skies (The Hague, Netherlands, Kluwer 1997)
Jönsson, C., International Aviation and the Politics of Regime Change, (New York: St. Martin's Press, 1987)
de Murias, R., The Future of International Air Transport Policy: Responding To Global Change, (Jefferson, N.C.: McFarland, 1989)
Naveau, J., Liberté De L'air : La Grande Illusion? : Evolution Et Révolution Du Droit Des Transports Aériens (Bruxelles : Bruylant, 1996)
OECD, The Future of International Air Transport Policy: Responding to Global Change (Paris: OECD, 1997).
Pavaux, J. (ed.), Air Transport: Horizon 2020 : Key Factors and Future Prospects (Paris: Institut du Transport Aérien, 1995)
Stainland, Martin, A Europe of the Air (Plymouth, UK, Rowman & Litlefield 2008).
Wassenbergh, H. and Van Fenema, P. (eds)., International Air Transport in the Eighties, (Kluwer, 1981).
Weber, L., The International Civil Aviation Organization, An Introduction, (Kluwer Law International, 2007)
Wheatcroft S. and Lipman, G., European Liberalisation and World Air Transport, 1991
1
McGill University values academic integrity. Therefore all students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Code of Student Conduct and Disciplinary Procedures (see for more information).In accord with McGill University’s Charter of Students’ Rights, students in this course have the right to submit in English or in French any written work that is to be graded. In the event of extraordinary circumstances beyond the University’s control, the content and/or evaluation scheme in this course is subject to change.