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.
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.
A DePaul College of Law moot court team comprised of four first-year students placed third in the 2014 Beijing Foreign Studies University-Wanhuida Cup Intellectual Property Moot Court Competition in Beijing, China, on May 24 and 25.
Teammates Precious Allen, Joseph Klein, Destinee Moyer and Shin Young Jo competed against 13 teams from Australia, China, Taiwan and the United States. DePaul's brief was ranked 4th overall and team member Precious Allen won the competition's Best Oralist Award. Shin Young Jo also was recognized as an outstanding oralist.
Professor Len Cavise coached the team in Beijing, and professors Michael Grynberg, Joshua Sarnoff, Anthony Volini and Michael Graham prepared the team prior to the competition.
Above and Beyond
The discipline of art and cultural heritage law itself is a relatively new field. I have been teaching at DePaul for 30 years and have benefitted from being in the right place, at the right time: The field and I grew up together.
Perhaps the aspect I like most about the field is its interdisciplinary nature: Teaching it requires some knowledge of art history, archaeology, anthropology, history, international relations and other academic fields. One thing we do well at DePaul College of Law is to look at the big picture. Here, art and cultural heritage law is affiliated with two other areas: intellectual property and international law. Both of these programs at DePaul are nationally recognized. As a result, our students graduate with a broad set of practical skills.
"When I say DePaul is 'the right place' for exploring cultural heritage, I mean that literally. Here, we appreciate and respect different cultures set against a global environment."
I have been fortunate to serve twice on the President’s Cultural Property Advisory Committee in the Department of State, currently as the committee’s chair. The committee makes recommendations to the Assistant Secretary of State for Educational and Cultural Affairs as to whether the United States should enter into bilateral agreements with other nations to restrict the import into the U.S. of undocumented archaeological and ethnological materials.
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.