International Aviation Law Institute Director Brian Havel and Adjunct Professor Dean Gerber addressed the University of Oxford's third annual academic conference on the Cape Town Convention and its attached protocol on aircraft corporate financing.
The convention, which has had a major impact on the multibillion dollar aircraft purchasing and leasing sector, facilitates the registration of international security interests in mobile equipment such as aircraft.
Professor Havel discussed the potential consequences of the fact that national courts will be responsible for interpreting and applying the provisions of the convention and the aircraft protocol, both of which lack independent international mechanisms to settle disputes between private investors and the participating States.
Warning against a process of “re-nationalization” by local courts of the provisions of the convention and protocol, he called for the creation of international arbitration panels that would displace national courts in resolving investor/state disputes under the Cape Town Convention system.
Gerber, who is the author of several key texts in this field and chairs the aircraft corporate finance group at Chicago law firm Vedder Price, teaches the Institute's International Aircraft Finance Law course.
The conference was held at Oxford's Faculty of Law on September 10.
DePaul University College of Law took top honors in several categories in the National Law Journal's (NLJ) Best of Chicago reader rankings for 2014.
DePaul placed first for Best LLM Program and Best Law School Clinical Program in Chicago.
The College of Law offers four LLM programs and seven clinical programs. LLM programs focus on the areas of health law, intellectual property law, international law and taxation. DePaul's clinical programs include the Asylum & Immigration Law Clinic, Civil Rights Clinic, Criminal Appeals Clinic, Family Law Clinic, Housing & Community Development Legal Clinic, Misdemeanor Clinic and Poverty Law Clinic. The legal clinics also received NLJ Best of Chicago honors in 2012.
DePaul took third place in two other survey categories: Best Overall JD Program and Best Joint JD/MBA Program.
More than 1,200 readers voted in this year's NLJ reader’s choice survey.
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).
Government should practice "smart" regulation and be more open-minded regarding the airline industry's challenges, International Aviation Law Institute Director Brian F. Havel declared at the 70th Annual General Meeting of the International Air Transport Association (IATA), held in Doha, Qatar earlier this month.
Professor Havel was part of a panel convened to discuss government and industry relations, under the provocative tagline “Where is the Love?” His fellow panelists were U.S. Secretary of Homeland Security Jeh Johnson; Margus Rahuoja, chef de cabinet to Siim Kallas, the EU commissioner for transport; Marion Blakey, president and CEO of Aerospace Industries Association and former FAA administrator; and Andrew Herdman, director general of the Asia-Pacific Airlines Association.
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).
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.