Aviation Law, Policy and Regulation

The course is a five day programme. The agenda is below:

Session 1: The Evolution of Air Services Agreements

From Restrictive Bilateral Air Services Agreements to EU Comprehensive Air Transport Agreements. In this session, we will examine market access in air transport from the era of restrictive (Bermuda-type) bilateral air services agreements to the US model of open skies agreements and the novel model of EU Comprehensive Air Transport Agreements. We will examine in depth the potential of EU Comprehensive Air Transport Agreements to bring about regulatory convergence in areas that have not been regulated by traditional air services agreements, such as the environment, consumer protection and labour issues. Special emphasis will be laid on the 2021 EU-Qatar Agreement and the 2022 ASEAN-EU Agreement.

Session 2: Competition Law in Aviation

In this session, we will examine the application of competition law in air transport, focusing on issues such as the definition of the relevant market by the competition authorities when assessing transactions such as mergers and international airline alliances, the remedies they impose to approve such transactions and the duration of the antitrust immunity. In examining these issues, we will single out instances of regulatory convergence between EU competition law and US antitrust law. Last, we will examine the very topical issue of the impact of sanctions, especially airspace closures, on fair competition.

Session 3: State Aid Law in Aviation

In this session, we will examine the conditions under which airlines and airports may receive subsidies from national governments. We will pay special attention to the application of EU State aid law in air transport, looking at the different types of aid that have been authorized historically, such as rescue and restructuring aid, start-up aid to low-cost carriers, investment aid to airports and COVID-19-related aid. Last, we will examine whether State-owned air carriers (especially the so-called 6th-freedom air carriers) distort the level playing field by receiving illegal subsidies from their governments.

Session 4: Air Passenger Rights in the UK, the EU and Beyond

In this session, we will examine the law governing air passenger rights in the UK, the EU and beyond. We will focus on the very rich body of case law on the interpretation and application of EU Regulation 261/2004 on compensation for denied boarding, cancellation and delay of flights and EU Regulation 1107/2006 on persons with reduced mobility and their right to fly. Last, we will assess the “low-value-high-volume” business model of leading “no-win-no-fee” UK law firms specialising in passenger claims, examining a relevant recent judgment of the UK Supreme Court.

Session 5: Aviation financing and leasing in the aftermath of the COVID-19 pandemic and Russia’s invasion of Ukraine

In this session, we will examine the international nature of aviation assets; the method by which such assets are financed and leased; some unique features of secured and title financing of aircraft. We will also look into the role played by international treaties in harmonising the laws associated with such financing and leasing and in particular the Convention on International Interests in Mobile Equipment (2001 Cape Town Convention) and the Aircraft Protocol thereto in facilitating greater access to available funds for the financing of this sector with special commentary on (i) the impact of COVID-19 on the aircraft leasing sector and (ii) the fate of some 400 foreign owned aircraft stranded in Russia following the latter’s invasion of Ukraine.

No prior knowledge is required. Experts from other fields of law or other disciplines (e.g. airline economics, air transport management and air transport engineering) can benefit from this course.

The course is designed for everyone interested in aviation law, policy and regulation.  It is especially suited for policymakers and regulators, judges, practitioners, as well as students/University graduates interested in developing expertise in aviation law, policy and regulation.

Dr Antigoni Lykotrafiti

Dr Antigoni Lykotrafiti has 20 years of experience in the area of aviation law, gained in academia (King’s College London, European University Institute, Tilburg Law and Economics Centre and Queen Mary University of London), the European Commission, the Organisation for Economic Cooperation and Development and private practice. She is the Director of the PG Certificate in Aviation Law.

Paul NG, QMUL Honorary Professor

Paul NG is an Honorary Professor at Queen Mary University of London and heads the aviation practice at Rajah & Tann Singapore LLP. He has more than 30 years of practice experience in the Aviation and Transportation sector across three continents having worked in offices in New York, London, Shanghai and Hong Kong.