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'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 agreements.
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.
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 behind her.
“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 different paths.
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.