Category Archives: Aviation Law

23rd Annual EALA Conference

Institute Director Brian F. Havel spoke at the 23rd annual European Air Law Association conference in Rome earlier today. Professor Havel was assigned to a panel on EU-Russia air transport relations that included former U.S. Department of State negotiater John….. To continue reading this legal news please click Read full information...

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Cain blames Obama for having to "bum a ride with the Russians"

National Journal reports that Republican presidential candidate Herman Cain blamed Obama on Friday for cuts to the space program and vowed to make the US the "leader of the space program again". Speaking before more than 1,000 at a campaign stop in Montgomery, Alabama, Cain touched on space policy briefly: Playing to residents of a state long central to the U.S. space program, Cain praised former President John F. Kennedy for his "inspirational leadership" in advancing space exploration. By contrast, Cain said that President Obama "has cut our space program to the point that we now have to bum a ride with the Russians in order to get to outer space," he continued to hoots and applause Friday. "That's not what the United States wants to happen! We're used to being a leader in the space program, and … we're gonna be leader of the space program again!" The report didn't indicate if Cain described what he would do differently to restore US leadership in space, although he revisit the issue Saturday when he speaks at the US Space and Rocket Center in Huntsville. Earlier this month Cain said in a TV interview that he wants to "relaunch" the US space program, but also did not offer specifics. What neither Cain nor the National Journal report note, though, is that the current state of having to "bum a ride with the Russians" predates the Obama Administration: even under the Constellation Program, there would have been a gap of at least several years between the shuttle's retirement and the introduction of Constellation's Ares 1 rocket and Orion spacecraft. Cain's comments may be part of a theme seeking to blame President Obama for effectively terminating US human access to space. In addition to Cain's stump speech, PolitiFact reported Friday on a "chain email" that claimed that Obama is the "First President to terminate America's ability to put a man in space". As PolitiFact notes, "it would be unfair to blame only Obama" since the decision to retire the shuttle predates his administration; moreover, the claim in that chain email ignores the Apollo-Shuttle interregnum in the 1970s. That led PolitiFact to grade them claim, quite bluntly, as "Pants on Fire". President Obama and his administration can be praised or blamed for a number of space policy decisions, including the cancellation of Constellation, resetting the long-term goals of human space exploration, and a greater emphasis on commercial entities to provide access to LEO, but forcing the US to fly its astronauts on Russian spacecraft isn't one of them... To continue reading this legal news please click Read full information...

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Does ETS Constitute a Tax?

Today we address the Advocate General's dismissal of the third and final argument levied by the international carriers against the legality of the EU's proposed emissions scheme – that the ETS constitutes a tax or fee in violation of Articles….. To continue reading this legal news please click Read full information...

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Air France-KLM Threatens to Stop Flights to Philippines

It appears that without a reduction in airline taxes, Air France-KLM will stop serving the Philippine market in early 2012. See Jay Chua, Air France-KLM Has Had Enough of Promises, Malaya Business Insight, Oct. 19, 2011 (available here). Other European….. To continue reading this legal news please click Read full information...

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Update on IFTTA news

The following news have recently been posted to the IFTTA Website: USA: DOT fines Orbitz for violating price advertising rules ECJ Advocate General delivers opinion on EU Emissions Trading Scheme Irish High Court confirms exclusivity of Montreal Convention with respect to international air carriage Scottish Legislation to Tackle Football Sectarianism Germany: yet another reference for preliminary ruling challenging "Sturgeon" European Court of Justice: "Cancellation" also covers discontinuation of a flight Kenya: tourism minister issues open letter regarding piracy UK: Office of Fair Trading received super-complaint about travel money European Commission publishes results of the Online ticket Sales Sweep Seychelles: Sustainable Tourism Label announced USA: DOT fines Virgin Atlantic for deceptive online advertising USA: Travel Association and ATA support new Visa legislation World Travel & Tourism Council addresses governments on World Tourism Day France to impose new tax on luxury hotel rooms USA: DOT to require airlines to make their websites and kiosks accessible to disabled travelers Conference: EU Passenger Law – Towards 2020, Leuven Interesting case! Preliminary Ruling: ECJ C-410/11 Austrian Supreme Court: hotel liable for theft from safe in hotel room.. To continue reading this legal news please click Read full information...

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