Transport Law

This section includes literature on maritime / shipping law, aviation law, space law and land transport.

Abeyratne, Ruwantissa, Air Transport and Pandemic Law: Legal, Regulatory, Ethical and Economic Issues (Springer, 2021)
Contents:
  • ‘Prelude to Disaster’ 1-30
  • ‘History’ 31-70
  • ‘The Coronavirus and Air Transport: Some Implications for Trade and Law’ 71-94
  • ‘Continuing Air Transport Post Covid-19: The Regulatory Response’ 95-118
  • ‘Training the Airport Manager in a Post Covid-19 World’ 119–131
  • ‘Legal Aspects of Covid-19’ 133-190
  • ‘Public Health and the Law’ 191-198
Agarwal, Tanya, ‘Revaluating Aircraft Leasing Contracts in the Pandemic Era: Navigating the Challenges of Invoking Force-Majeure by Applying Hardship under International Commercial Law’ (2021) 15(Special Issue) Novum Jus (advance article, published online 17 December 2021)
Abstract: Majority of aircraft are acquired on leasing agreements, and the financial burden is on the lessor due to financing heavy equipment for the lessee in these agreements. Therefore, to ensure that the lessee fulfils his lease payment to the lessor, Hell or High-water clause is drafted in the contract. This enforces payment by the lessee irrespective of any circumstantial change which makes it difficult for the lessee to pay. However, due to the pandemic, the airlines have suffered from a severe cash crunch making it difficult for them to honor their upcoming contractual obligations. The airline companies are debating to invoke Force Majeure in these contracts to excuse nonperformance and avoid damages, but considering the development in Private International Air Law and nature of the contract, taking such measures will be difficult. This paper proposes to apply Hardship codified in the UNIDROIT Principle of International Commercial Contracts so that airlines can renegotiate the contract with the lessors instead of completely avoiding their contractual obligation. This will provide breathing space to the lessee and also ensure his obligation towards the lessor is maintained during the pandemic.

Air and Space Law (2020) 45 (Special issue)
This special issue includes the following articles:
  • Cassar, Roberto, ‘Evolution or Devolution: Aviation Law and Practice After COVID-19’ 3-16
  • De Leon, Pablo Mendes, ‘National Reflexes Following the COVID-19 Outbreak: Is Sovereignty Back in the Air?’ 17-38
  • Masson-Zwaan, Tanja, ‘Combating COVID-19: The Role of Space Law and Technology’ 39-59
  • Truxal, Steven, ‘State Aid and Air Transport in the Shadow of COVID-19’ 61-82
  • Ratajczyk, Mikolaj and Rita Sousa Uva, ‘COVID-19 Pandemic and the Measures Taken by the European Union Aviation Safety Agency’ 95-106
  • Grigorieff, Cyril-Igor and Chrystel Erotokritou, ‘EU Regulation No 261/2004 on Air Passenger Rights: The Impact of the COVID-19 on Flight Cancellation and the Concept of Extraordinary Circumstances’ 123-141
  • Trimarchi, Andrea, Robert Lawson and Andrew Harakas, ‘The Potential for Exposure of Air Carriers to Passenger Liability in Respect of COVID-19’ 143-153
  • Hanley, Donal, ‘COVID-19 and International Aircraft Financing Law’ 155-171
  • Jung, Lukas C and Lesley Jane Smith, ‘COVID-19 and Its Impact on Space Activities: Force Majeure and Further Legal Implications’ 173-193
  • Benjamyn I Scott et al, ‘National Aviation Law Responses to COVID-19 ‘ 195-272

Albanese, Antonio, ‘Mobility at the Time of the Coronavirus and Damage Caused by Vehicles Equipped with Electronic Safety Systems’ in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: The introduction of technologies that make vehicles safer is important to address the foreseeable criticalities of road traffic due to the lower capacity of public transport as a result of social distancing measures. In this unique situation, the objective of limiting the spread of the epidemic cannot overshadow the prevention of accidents and human health must be guaranteed with respect to all possible risks. However, new safety systems are not completely failsafe. With these cases in mind, the article proposes to verify the extent to which current rules on civil liability in Italian law may offer solutions to damages caused by highly automated vehicles in terms of preventing harmful events and allocating their costs according to criteria of justice and economic efficiency. Within this logic, the analysis also looks at the rules on the distribution of compensation costs among the various parties that may be jointly and severally liable (driver, owner, custodian or manufacturer).

Banerjee, Somen, ‘Will the Security Architecture of the Western Pacific Change Post-COVID 19?’ (2020) 16(1) Maritime Affairs: Journal of the National Maritime Foundation of India 68–81
Abstract: The Indo-Pacific, combines a panoply of regions and blends multiple security architectures. Some regions are dominated by non-traditional security threats, while others are unstable and rife with security dilemma. Instability and disorder are most palpable in the maritime domain, especially in the geographical region of the western Pacific. From the beginning of 2020, China has intensified its assertiveness in the South China Sea, including the announcement of two administrative districts and transgressions by its survey ship Haiyang Dizhi 8. Some attribute these developments to the COVID-19 outbreak. Enhanced US posture in the region seems to have little effect on Chinese revanchism. This article assesses the spurt of developments in the South China Sea during the COVID-19 pandemic. It establishes the conceptual framework for analysing the change in the regional order. It evaluates the regional security architecture of the western Pacific and the efficacy of the putative order. The prospective change in the security order of the western Pacific and response is also examined.

Benosa, Maria Emilynda Jeddahlyn Pia V, ‘Covid-19: A Vicious Wave for Maritime Transport’ in Shinya Murase and Suzanne Zhou (eds), Epidemics and International Law (Brill Nijhoff, 2021) 499

Braakman, August J, ‘Climate and COVID-19: Will the Shipping Industry Succeed in Charting the Right Course Between Scylla and Charybdis?’ (2020) 26(2) Journal of International Maritime Law 102–108
Abstract: Discusses the EU institutions’ need to balance Member States’ measures towards zero climate change emissions and their aid measures to address the coronavirus pandemic. Examines the potential conflicts arising from the shipping industry’s plight.

Carr, Chris and Cyrus A Ramezani, ‘COVID-19, Force Majeure, and the Legal and Financial Implications of Utilizing Reefer Shipping Containers’ (2020) 87(1) Journal of Transportation Law, Logistics and Policy (forthcoming)
Abstract: This article begins by discussing the rise of the refrigerated (‘reefer’) container industry and business model. It is important for readers to understand the growing importance of reefers to U.S. export, and how they contribute to supply chain complexity and port congestion. Next, we address how the Corona Virus (COVID-19) impacted reefer container transport. We then discuss how ocean carriers are utilizing the Force Majeure doctrine to their advantage in their transport of reefer containers, and the related legal implications of them doing so. We also analyze whether insurance covers cargo owner loss in this situation and what happens when the cargo owner decides to just walk away and abandon reefer containers when the ocean carrier exercises its right to discharge the cargo at an alternative port of convenience. The article concludes with recommendations regarding how cargo owners can move forward to analyze and mitigate risk.

Correia, Vincent, ‘The General Court’s Decisions on State Aid Law in Times of COVID-19 Pandemic’ (2022) 47(1) Air and Space Law 1–24
Abstract: The unprecedented crisis caused by the pandemic of Coronavirus disease 2019 (COVID-19) not only shattered the economics of the aviation industry, it also put to test long established legal rules, while Governments were desperately adopting emergency measures. Facing a very severe situation, caused by airspace closures and restrictions imposed to travellers, several European airlines received governmental support, while others did not. This led to criticisms from airlines, most notably from the low-cost carrier Ryanair, which transposed into legal actions undertaken in front of the General Court of the European Union. At the heart of this legal battle lay the rules governing State Aid, as the European Commission was criticized for not assessing thoroughly enough the measures that were notified by the Member States. The judgments of the General Court revealed that, irrespective of the exceptional situation faced in Europe, the correct application of EU Law must prevail, which includes the judicial review of acts adopted by the European institutions. As two decisions of the Commission authorizing measures of governmental support were annulled, some lessons can be learnt for the future.

Dale, Amy, ‘COVID-19: All out To’ (2020) 66 LSJ: Law Society of NSW Journal 40–43
Abstract: Many of the most severe restrictions imposed in the COVID-19 pandemic relate to overseas arrivals and border control. Currently, the most fatal cluster of cases is the Ruby Princess cruise ship, which docked in darkness as the outbreak was taking hold in Australia. In triggering emergency powers, what are our responsibilities to those stranded at sea?

Desmonda, Angela Jessica, ‘Port Denials and Restrictions Policies during Covid-19 Pandemic Based on International Law’ (2020) 7(3) Padjadjaran Journal of Law 380–399
Abstract: As a public facility, port has a significant potential to be cluster of the Covid-19 spread. Many states have implemented policies of denials and restriction of port access to protect people’s health. This study aims to analyze port denials and restrictions policies settings based on international law. In addition, this study is to analyze whether the status of state of emergency will affect state’s obligations based on international law. This study was conducted by analyzing associated international treaty law and customary law. The study concludes that no international treaty law and customary law prohibit port denials and restrictions because port is under the sovereignty of respected coastal state. The state is free to implement any policies. Without any permit, foreign ships are not allowed to enter and dock at the port of the coastal state. However, in a situation of danger or distress, foreign ships have the right to enter port. The IHR 2005, as a special instrument dealing with public health, also provides an opportunity for coastal state to prevent ship embarking and disembarking passengers if the ship is exposed to a pandemic disease, such as Covid-19. In such case, foreign ship may be prohibited from entering and docking at port of coastal state. On the other hand, in a situation of danger or distress, foreign ship has the right to enter port. In contrast, the 1923 Port Convention gave permission to state to close ports in urgent situation that endangered national security.

Dhingra, Jayems, ‘Force Majeure Event Clauses: A Risk Sharing Strategy in Charterparty for Offshore E & P Rigs and Shipbuilding Contracts’ (2012) 18 International Congress of Maritime Arbitrators 392–405
Abstract: This article was first published in the ICMA Proceedings 2012, and is being revisited in context of ongoing pandemic to demonstrate that the principle of Force Majeure remains unchanged for Offshore & Marine Industry. The question in the minds of every enterprise engaged in long term Oil & Gas industry contracts, ‘Is COVID-19 Pandemic a Force Majeure Event?’ Who decides it and whether it is provided in the contract? Contracts are considered as the sole governing mechanism or agreed legal authority for governing relationships between the parties, under the principle of pacta sunt servanda or sanctity of contracts. Thus, contracts once executed cannot be changed due to post-contract events, except by an agreement between the parties. Therefore, if a pandemic like COVID-19 is not an identified event of an FME clause, then the current crisis raises serious questions and shakes the jurisprudence of international contract laws. Force Majeure Events (‘FME’) a French term, represents Unknown, Unprecedented, Unexpected and Unavoidable events, having a negative impact on obligations and responsibilities under the contracts between the parties. In Chinese Contracts Law, it is noted that ‘force majeure means any objective circumstances which are unforeseeable, unavoidable and insurmountable.’ In Common Law jurisdiction there is no specific definition of force majeure but is interpreted from the clauses provided in a contract and arguments based on the doctrine of frustration. The frustration may or may not be the direct outcome of a force majeure event. In conclusion, the article demonstrates that FME Clause is a risk sharing strategy between the parties to a contract and not an act of God.

Faqiang, Li and Elvina Abliakimova, ‘Safe ports: law, theory, practice under conditions of the COVID-19 pandemic’ (2020) 4 Lex Portus 7–34
Abstract: The article examines modern practical approaches to ensuring the safety of seaports as hubs of logistics centres for international trade and replacement points for ship crews under the conditions of the COVID-19 pandemic. The historical retrospective of the formation of anti-epidemic legal instruments to counteract the spread of particularly dangerous and rapidly spreading diseases is outlined. It is emphasized that the COVID-19 pandemic and the quarantine restrictions imposed by it in the states belong to the range of force majeure. The approaches of national legislations, international agreements, case law, and time charter pro-forma to the legal category of ‘safe port’ are analyzed. Emphasis has been placed on shifting priorities in port security from those prevailing since the early 2000s to terrorist, technical and navigational threats to threats related to the spread of the COVID-19 and to take measures to prevent the spread of the disease. The study develops the concept of ensuring a universal approach to the formation of protocols and best practices to combat the spread of COVID-19 and the introduction of increased financial sanctions in case of violation of the established rules.

Gubin, Alexey, Valeri Lipunov and Mattia Masolletti, ‘Political and Legal Aspects of the Covid-19 Pandemic Impact on World Transport Systems’ [no publication information provided]
Abstract: The authors of the article analyze the impact of the global COVID-19 pandemic on the transport and logistics sector. The research is interdisciplinary in nature. The purpose of the study is to identify and briefly characterize new trends in the field of transport and cargo transportation in post-COVID conditions.

Hadiningtyas, Retno, ‘The Legal Protection for Transport Passengers During the Covid-19 Pandemic’ (2021) 8(2) Jurnal Pembaharuan Hukum 232–244
Abstract: Transportation as a means of supporting economic development and community development and industrial growth needs to get the main attention when conditions enter the New Normal Era because Indonesia is still experiencing a high level of spread where the mode of transportation used by many people can be a medium of spreading the COVID-19 virus. The purpose of this research is to provide legal protection to passengers by the carrier as an effort to care about the safety, comfort, safety of passengers as users of transportation services that the carrier must protect by adjusting existing regulations and in its implementation required supervision from the Government and the public. This research is normative legal research that uses a legislative approach and is sourced from primary legal materials. The data was collected by studying libraries sourced from primary, secondary, and non-legal legal materials. The research results prove that the legal protection of passengers by the carrier can run well if the passengers consciously adhere to the Health Protocol and comply with government rules as a form of effort to maintain all transportation elements with all activities. So these efforts have an impact on preventing the spread of the COVID-19 virus that is increasing in Indonesia.

Kamalnath, Akshaya and Hitoishi Sarkar, ‘Airline Insolvencies’ (SSRN Scholarly Paper No ID 3707823, 8 October 2020)
Abstract: An important aspect of business is the possibility of insolvency. India’s new insolvency law, the Insolvency and Bankruptcy Code, 2016 (IBC) has attempted to streamline insolvencies and facilitate restructuring; although there are particular issues for airline insolvencies. The issue of cross-border insolvencies further remains unaddressed in the IBC and is particularly relevant to airlines. This chapter aims to outline international best practices in corporate insolvency and also India’s approach; with a specific focus on the civil aviation sector.This chapter is divided into five parts. The first part is the introduction. The second part gives an overview of the goals of corporate insolvency and the legislative framework in India. Part III explores specific solutions for insolvencies of companies in the civil aviation sector internationally. Part IV details airline insolvencies in India and Part V concludes with some thoughts about the future legislative reform and development in India.

Kaye, Stuart, ‘Port Access and Assistance to Cruise Ships during the COVID-19 Pandemic’ (2020) 94(6) Australian Law Journal 420–426
Abstract: One matter that dominated headlines internationally and in Australia at the start of the COVID-19 pandemic was the situation of cruise ships and access to ports. Media coverage of large ships at sea, or in port under quarantine, was widespread, and the fates of these ships meant their names, such as Ruby Princess, Diamond Princess, and Westerdam, became common knowledge. This article considers the applicable law dealing with entry of ships into Australian ports and quarantine restrictions, as well as the circumstances wherein they can remain or be expelled, and what obligations exist to provide assistance.

Klein, Natalie, ‘International Law Perspectives on Cruise Ships and Covid-19’ (2020) 11(2) Journal of International Humanitarian Legal Studies 282–294 < https://brill.com/view/journals/ihls/11/2/article-p282_282.xml >
Abstract: Cruise ships have contributed to the spread of covid-19 around the world and State responses to the pandemic have needed to account for the presence of these ships in their ports and the medical treatment of both passengers and crew on board. This contribution outlines the key bodies of international law that must be brought to bear in deciding on State action in response to cruise ships and their covid-19 cases: the law of the sea, international health law, shipping conventions and especially treaties protecting the rights of seafarers, international human rights law and laws relating to consular assistance. While these laws tend to reinforce each other, it is argued that the need for humanitarian considerations to feature strongly in State decision-making is challenged by systemic weaknesses.

Lee, Jae Woon, ‘Government Bailouts of Airlines in the COVID-19 Crisis: Improving Transparency in International Air Transport’ (2021) 24(4) Journal of International Economic Law 703–723
Abstract: Coronavirus disease 2019 (COVID-19) presents the airline industry with unprecedented challenges that constitute no less than an existential threat. Given airlines’ importance in the economy, which includes providing connectivity, preserving jobs, and supporting related sectors, many governments have given local airlines enormous financial support since early 2020. Although it is well understood why many governments cannot allow their major airlines to shut down, the ongoing massive government bailouts can distort competition in the airline industry. This article analyzes various government bailouts of airlines in the COVID-19 crisis and discusses how these bailouts are creating a growing problem with fair competition in the international air transport market. While examining the unique regulatory framework of international air transport, the article recommends multilateral, bilateral, and unilateral rule-based approaches that can better serve economic governance of international air transport in the post-COVID-19 era. Although this article does not suggest major legal reforms, which would be too ambitious and unrealistic at this stage, transparency can be significantly improved through the recommendations provided here.

Majumder, Bodhisattwa and Devashish Giri, ‘Coronavirus & Force Majeure: A Critical Study (Liability of a Party Affected by the Coronavirus Outbreak in a Commercial Transaction)’ (2020) 51(1) Journal of Maritime Law & Commerce 51–63
Abstract: The article discusses the issues on the use of the force majeure clauses in commercial transactions due to the coronavirus pandemic when the virus is not explicitly included in the terms of agreement. Also cited are the clauses’ aim to eliminate the liabilities of both parties in a contract, a background of the pandemic that affected up to 24 countries, and the Principles of International Commercial Contracts detailing why the pandemic is a force majeure event.

Montero-Pascual, Juan J, Matthias Finger and Teodora Serafimova, ‘Short- and Mid-Term Covid-19 Effects on the Aviation Sector: A Competition Law Perspective’ (European University Institute, Florence School of Regulation, RSC Policy Brief No 2022/08, 2022)
Abstract: On 19th March 2020, the European Commission adopted a Temporary Framework for State Aid measures, which is based on Article 107(3)(b)TFEU and complements other possibilities available to Member States to mitigate the social-economic impact of the COVID-19 outbreak in line with EU State aid rules, notably the possibility under Article 107(2)b TFEU to compensate specific companies or specific sectors for the damages directly caused by exceptional occurrences, such as the pandemic. The 17th Florence Air Forum, co-organised by the Florence School of Regulation’s Transport Area together with the Commission’s DG Competition, examined the hard impact of COVID-19 on the air sector while exploring possible ways forward to ensure its recovery. More specifically, it sought to analyse whether special needs exist in the short- and mid-term period, until the Aviation Guidelines are reviewed. Drawing on the policy debates, this brief explores investment aid and support to green investments for airports and airlines with a view to meeting the European Green Deal objectives. Furthermore, the brief looks at operating aid to regional airports, which have been particularly heavily hit by the crisis, and more specifically discusses how long these regional airports might need public support. Another aspect examined here concerns air connectivity, which constitutes an essential component of the European Single Market, as it can foster cross-border trade, promote economic growth and European integration. The pandemic’s impact on the sector has raised concerns about a substantial loss of air connectivity. In view of this, the brief reflects on the need to adopt a temporary set of rules in the short-term to restore connectivity after the COVID-19 outbreak and to adjust existing rules on start-up aid in the mid- and long-term. Last but not least, this policy brief delves into the timely topic of remedies in mergers. A new round of consolidation in the industry can be expected as a result of the financial difficulties of many airlines. In order to protect competition, effective remedies will have to be identified.

Mossop, Joanna, ‘Law of the Sea and the Pandemic: Humanitarian Principles under Siege?’ (2021) 39(1) The Australian Year Book of International Law Online 78–90
Abstract: In the COVID-19 pandemic two particular issues have arisen in relation to borders and the law of the sea: the right of ships—particularly cruise ships—to enter port and the ongoing restrictions on seafarers aboard merchant ships. In these cases, the sovereign interests of states in preventing the spread of a dangerous virus have been pitted against the humanitarian interests of those onboard the vessels. This article first describes the humanitarian concerns created by states’ responses to the emergence of COVID-19. It then discusses the various legal principles that apply to the situation, primarily the International Health Regulations, the doctrine of distress and the Maritime Labour Convention. Finally, it considers whether any lessons can be learned from this experience to hopefully lessen humanitarian problems if another pandemic happens in the future.

Mukhopadhyay, Mayukh, ‘CruiseLiners in the Time of COVID’ (SSRN Scholarly Paper ID 3827134, 15 April 2021)
Abstract: In this article, we discuss how the Cruise Industry had to voluntarily shut-down due to the outbreak of COVID Pandemic. We begin by studying the complex logistics the cruise-liners had to employ to disembark redundant crew members to various ports around the world. Then we highlight the dilemma and paradox involved in letting off the crew but not the ships for sustainable operations. Finally, we narrate how the industry survived on surplus cash to conduct bare minimum runaway operations and future challenges they might face from the tourism sector, even after vaccinated drive.

Okerman, Justin and Barbara Von Tigerstrom, ‘Any Port in a Pandemic: International Law and Restrictions on Maritime Traffic during the COVID-19 Pandemic’ (2021) Canadian Yearbook of International Law/Annuaire Canadien de Droit International (advance article, published 11 May 2021)
Abstract: The current international framework that purports to regulate the spread of communicable disease in the context of maritime traffic is a fragmented, internally inconsistent, and inadequately enforced patchwork of treaties (including the International Health Regulations (2005)) and customary international law. The COVID-19 pandemic has tested the current framework and revealed it to be inadequate to deal with a major global health emergency. States have imposed or failed to impose varying control measures, the effects of which have been witnessed on board passenger vessels around the world. The cruise industry, in particular, has a significant global economic impact; therefore, appropriate, enforceable international regulation is necessary to ensure the adequate control of future communicable disease outbreaks.

Pauzi, Suria Fadhillah Md, ‘Standard of Care Framework for Occupier during Pandemic Covid-19 (SOCO V.3): Reviving Tourism Through Understanding Law’ in Research & Design in Challenging Environment Series 2 (MNNF Publisher, 2021) 115-121
Abstract: The tourism industry has been impacted hard by the Covid-19 outbreak and the measures put in place to stop it spreading. Countries including Malaysia are turning to build recovery strategies in an immediate effort to support the tourism sector. Restructuring the tourist sector by creating green bubble and restoring visitor’s trust on safety in travel and tourism are among measures taking by the government in tourism recovery plan. The main objective of this product is to impart legal knowledge and awareness in tourism industry players pertaining to their obligations and liabilities in managing the influx of visitors. The novelty of this product stems from its unified legal framework, which minimises the difficulty of learning and interpreting the laws by combining the legal standard of care with the government’s most recent Standard Operating Procedures. In addition, infographics on types of visitors as recognised by law and different legal obligation to be adhered by the tourism players are integrated in SOCO v.3 to give an insight to the concerned parties pertaining to the legal liabilities provided by tort law while a checklist is offered for the parties to systematically evaluate and assess their observance to relevant rules and regulations. This unified framework can be used as a reference for tourism businesses to run their operations and avoid future lawsuits. This framework is easily marketed because it comes in the form of an e-brochure that contains up-to-date legal information on current issues during Covid19, which is a once-in-a-lifetime event. In term of benefit, SOCO V.3 provides pertinent legal information in preparing the tourism players to a soft opening while supporting tourism to survive in a new norm. Besides that, it encourages sustainable tourism by restoring visitor’s confidence through adherence to laws, regulations, and standard operating procedure by the tourism players.

Power, Vincent, ‘COVID-19 / Coronavirus and European Union Shipping Law: An Interim Analysis’ (2020) 26(1) Journal of International Maritime Law 14–31
Abstract: This article seeks to assess how the European Union has responded so far to the COVID-19/ Coronavirus Crisis in terms of various aspects of EU shipping law. It begins with a short overview of the general EU response to the crisis so as to set the context and then considers the various issues thematically including issues of health, repatriation, state aid, passenger rights, restrictions on travel and movement, the shipment of waste and port charges.

Rachmat, Muhammad Nursultan and Wasis Susetio, ‘Legal Analysis in Airlines Business Over Middle of Covid-19 Pandemic at Indonesia’ (2021) 5(4) Journal of Multidisciplinary Academic 315–320
Abstract: Aviation is an inseparable part of every country’s transportation which has dropped dramatically in the wake of the COVID 19 pandemic. Private airlines in Indonesia can continue to operate during the pandemic with passenger numbers are limited by the government about 40% -70%. As the result, high expenses in the cost and declining revenues. Consequently, in a reduction of employee’s number and a reduction employee’s salaries in the salaries who were still in the private aviation sector. Through PERPU No. 1 of 2020, the government provides financial assistance to help the private companies through Bank Indonesia. However, with the help of this regulation, a legal vacuum is created in its implementation in the aviation world to make facing the pandemic in Indonesia. In this situation, aid funds can be misused and misused. In order to avoid further consequences, regarding to the death of private airlines in Indonesia that affecting to all Indonesians people, it is necessary to bring more government attention as a form of solidarity with others. Stakeholders and Indonesian compatriots through a strategic sector policy and to create its implementation. In this case, the central government and the Directorate General of Civil Aviation can learn from other countries by proposing policies such as injection of funds with emphasis on the requirements of continuity of workers’ employment contracts, in negotiating payment for aviation fuel, obtaining tax breaks and incentives for lower tariffs for airport services and other policies in the operational sector to encourage the expansion of aviation activities in Indonesia for survive and alive.

Ravich, Timothy, ‘International Aviation Law and Pandemic’ (2021) 86(4) Journal of Air Law and Commerce 585–622
Abstract: Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to the Americas by air travel. Researchers also believe that infected mosquitos on international flights contributed to the worldwide spread of malaria, Middle East Respiratory Syndrome, and the West Nile virus. Most recently, governmental authorities worldwide, in addition to issuing national or local shelter-in-place orders, closed their borders and grounded nearly all international air travel on account of the COVID-19 virus. Such state action raises interesting questions at the intersection of health care and mobility. The severity of recent world events and their specific relationship to international airline travel has generated substantial (albeit inconclusive) scientific literature about passenger-to-passenger and crew-to-passenger viral transmission in commercial aviation. However, analysis of the corresponding legal risks for air carriers, if any, associated with the transmission of infectious disease aboard aircraft are surprisingly understudied. This Article examines whether air carriers are or should be liable under international law to passengers who contract infectious diseases aboard their aircraft. For example, in addition to the obvious scenario of a passenger contracting an illness from the air cabin environment, several other claims related to the transmission of communicable diseases like COVID-19 are plausible in this regard. Passengers could conceivably sue an air carrier for failing to take certain precautions, such as warning passengers of the risk of contracting a disease. Alternatively, an air carrier’s alleged failure to pre-screen or deny boarding to passengers who exhibit symptoms of ill health may give rise to a lawsuit. Not having or employing contract tracing protocols to notify passengers of potential exposure might also support lawsuits against air carriers. Operational failures of high-efficiency particulate absorbing (HEPA) filters, for instance, also theoretically may expose air carriers to liability, as may the failure of an air carrier to comply with relevant international health regulations and guidance documents. Finally, passenger–plaintiffs might succeed in convincing courts to award money damages where the actions—or inactions—of an air carrier fail to safeguard the hygiene of aircraft cabins effectively. The language, objectives, and drafting history of the Warsaw Convention of 1929 and Montreal Convention of 1999 (Conventions) appear to broadly support a finding of liability against an air carrier for the transmission of infectious disease in certain circumstances. Still, the adjudication of claims under the Conventions likely will produce highly variable textual interpretations unmoored to any controlling legal precedent—in contravention of the international aviation community’s goal of uniformity. As such, this Article posits that even if the language, policy, and existing case law related to the Conventions arguably support a finding of liability, administrative and policy reasons mitigate in favor of exonerating air carriers from claims seeking damages arising from the transference of communicable diseases aboard aircraft in the international carriage. In all, this Article’s relevance is greatest for aviation practitioners and courts adjudicating claims under the Conventions in the context of COVID-19 or future global health care crises involving international aviation. That said, this Article may also hold interest for a broader audience seeking to understand legal and policy problems confronting global firms under private international law in post- and (perhaps) future-pandemic periods.

Ringbeck, Jürgen and Tim-Maximilian Koenig, ‘The Impact of COVID-19 on the Path to Climate Neutral Air Transport: An Empirical Investigation’ (SSRN Scholarly Paper ID 3856596, 30 May 2021)
Abstract: The COVID-19 crisis still has a firm grip on the aviation industry after global air traffic slumped to 66% below the previous year’s level in 2020, and many airlines could only be saved from bankruptcy by special loans or direct state equity investments. At the same time, there is increasing pressure on airlines to accelerate the decarbonization of the sector. Recently, many countries, such as China, the EU, and the US have significantly tightened their climate targets. Air travel is considered a particularly damaging form of travel since before Greta Thunberg’s ‘Friday for Future’ movement. As a result, aviation will be expected to make a stronger contribution to decarbonization going forward. The question is how air transport, which has been badly hit by the COVID-19 pandemic, can succeed in converting to climate-neutral flying. An international survey conducted in the fall of 2020 with more than 220 aviation experts and senior managers provides interesting insights and concrete advice on how a path to climate-neutral air transport can be designed and which new risks need to be considered in particular on this path.

Saari, Che Zuhaida, ‘An Early Analysis of Malaysian Law on Drone Operations for COVID-19 Pandemic’ (2020) 3(1: Special Issue-Syariah and Law in Facing COVID-19: The Way Forward) INSLA E-Proceedings 50–60
Abstract: COVID-19 or Coronavirus 2019 is a contagious disease that is distressing the world today. It was first detected in mid-December 2019 in Wuhan, Hubei, China. On March 11, 2020, the World Health Organization (WHO) declared it as a world pandemic. A total of 36 237 403 cases have been reported to the WHO (as of October 9, 2020) involving 1 054 868 deaths from various countries. While the number of cases in Malaysia is 14 722, with 152 deaths. Various initiatives have been and are being made by the Malaysian government in addressing the crisis including the Movement Control Order (MCO) and Recovery Movement Control Order (RMCO). This paper discusses how drone technology has been used in assisting the Malaysian government to ease the burden of COVID-19 transmission. A special analysis is made to relevant Malaysian laws. The discussion begins with an explanation of the status of COVID-19 in Malaysia and some prevention methods that have been taken by the government. It then focuses on the role of drones in controlling the disease transmission. It provides some legal analysis regarding the use of drones in the context of restraining the spread of COVID-19 in the country. Lastly, it ends with some legal implications, recommendations and improvements. The methodology used is by analysing the Malaysian Civil Aviation Regulations 2016 and references are made to relevant news. This paper accomplishes that the use of drones in dealing with the COVID-19 pandemic is a wise and judicious endeavour which can be further enhanced in Malaysia.

Šimunović, Lidija and Dubravka Aksamovic, ‘The Temporary Framework for State Aid and Competition Law Enforcement in the Air Transport Sector during the COVID-19 Crisis’ (2021) 5(1) EU and comparative law issues and challenges series (ECLIC): Special Issue - Competition Law (In Pandemic Times): Challenges and Reforms_
_Abstract: Paper provides for a systematic overview of the EU temporary scheme for the State aid and Public service obligation rules applicable to the air transport sector during pandemic. The air transport sector, along with the tourism and service sector, is among the economic sectors that are probably the most affected by the COVID-19 crisis. According to some estimations, the drop in passenger traffic in April 2020 compared to April 2019 rose up to 94.4%. In order to help air transport companies in Europe to overcome the financial troubles, to preserve jobs, to ensure the basic connectivity for passenger during COVID-19 crisis and to secure supply of essential food, medicals or other items EU Commission adopted a special legislative instruments allowing that way member states to support their air transport industry. Since in normal circumstances such practice would be considered as prohibited State aid the intention of this paper is, firstly, to analyse in what situation and under what conditions member states are under temporary State aid scheme entitled to support air transport sector during pandemic. Secondly, to explore to what extent and for what purposes different member states granted State aid to their airline industry. Special focus will be on the State aid measures provided by the Croatian government to Croatian Airlines. Authors will examine whether these state aid was in line with the EU temporary competition law and the legal framework for state aid. In the conclusion, authors will, in light of Ryan air allegations bring their own views as to whether thereby the member states with regard to State aid contrary to rules prescribed by the EU Commission’s Temporary framework.

Stefoudi, Dimitria, ‘Space Data in the Fight against Pandemics: Privacy Concerns and Sharing of Benefits from the Use of Space Technology for Decision-Making’ (2020) 45(Special issue) Air and Space Law 108–121
Abstract: The fast and continuous collection and distribution of information are essential for decisionmaking in the first-response phase, as well as in the constant monitoring during and after the peaks of the Coronavirus Disease-2019 (COVID-19) outbreak. Particularly in times of emergency that require immediate reaction on behalf of local and global authorities, it is important that their reaction is based on reliable information. The unique features of satellite technology, which enable the steady flow of accurate near real-time data, have granted it a vital role in the fight against the COVID-19 pandemic. This article will address the uses of space data for public health and their legal implications, particularly in terms of privacy and access to data.

Sun, Siqi and Lijun Liz Zhao, ‘Legal Issues and Challenges in Addressing the Coronavirus Outbreak on Large Cruise Ships: A Critical Examination of Port State Measures’ (2022) 217 Ocean & Coastal Management 105995
Abstract: International cruises have drawn worldwide attention since the outbreak of coronavirus (COVID-19). This article first examines the legal issues, challenges and impact of the pandemic on large cruise ships, like the Diamond Princess, and then probes into corresponding pandemic preventive measures which port states employ. A State is obliged under the International Health Regulations 2005 (IHR) to grant foreign cruise ships free pratique, but there is an exception when public health emergencies of international concern occur. Therefore, this article argues that a port state is not obliged to allow foreign cruise ships to dock at its port at the cost of its domestic public health safety. Regarding the Diamond Princess, the Japanese government has undertaken pandemic preventive measures upon passengers on board the ship and complied with its domestic laws, including the Japanese Quarantine Act. This article further evaluates whether a port state’s pandemic preventive measures concerning cruise ships are appropriate from the perspective of law. More importantly, it is necessary to consider the characteristics and specialities of international cruise ships to improve future pandemic preventive measures against large passenger ships and cruise passengers.

Tarr, J, A Tarr and K Paynter, ‘Transport, Drones and Regulatory Challenges: Risk Accountability Meets COVID Fast Tracking of a Critical Industry’ (2020) 48(2) Australian Business Law Review 202–211
Abstract: Drone use in commercial contexts has increased exponentially over the last several years. In the context of COVID-19 contagion and isolation restrictions, use and deployment technology has benefitted multiple users and operators as well as the wider community. While bringing new horizons in efficiency, the rapid upswing in use hastens the need for well thought out and properly integrated regulation. This article provides an overview of fast-tracked legislation in the form of the Civil Aviation Safety Amendment (Remotely Piloted Aircraft and Model Aircraft – Registration and Accreditation) Regulations 2019 (Cth). Promulgated in July 2019, in response to recommendations from the 2018 Senate Inquiry into drone operations, the legislation responds in limited ways to drone registration and training requirements. The article outlines the current landscape, proposed changes and additional essential steps to achieve optimal outcomes both in terms of safety and cost for drone operators and the wider community.

Uppiah, Marie Valerie, ‘The COVID-19 Pandemic: An Opportunity for African States to Review Their Shipping Industry Strategy’ (Afronomicslaw COVID-19 Symposium on International Economic Law in the Global South (May 2020), Symposium I: International Trade & International Investment Law & Policy)
Abstract: This article aims at examining the significance of international commercial shipping for economic activities worldwide. It also purports to examine the current situation of this industry during the covid-19 pandemic. Furthermore, the article addresses the important role of commercial shipping for African landlocked and coastal States and the need for further developing this sector. :

Vasilj, Aleksandra, Biljana Činčurak Erceg and Aleksandra Perković, ‘Air Transport and Passenger Rights Protection During and After the Coronavirus (COVID-19) Pandemic’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic)EU and Comparative Law Issues and Challenges Series (ECLIC) 293–325
Abstract: A pandemic caused by the COVID-19 has caused disorders and enormous damage in all modes of transport. Carriers as well as transport users have faced great challenges of maintaining traffic. Measures and requirements imposed on them were often obscure, imprecise, and the journey itself was uncertain. Passengers were in fear of whether they would be able to reach their destination, but also whether they will succeed in preserving their health. Carriers, on the other hand, have also sought to adapt and provide passengers with safe transport. Nevertheless, the pandemic caused financial collapse of many carriers, landed the world fleet and closed many airports. Various legal instruments related to the protection of public health are applied in air transport, and they have been adopted within the framework of the World Health Organisation (WHO), the International Civil Aviation Organisation (ICAO) and the European Aviation Safety Agency (EASA), which will be presented in the paper. Various epidemiological measures related to the COVID-19 coronavirus pandemic have been prescribed in air transport, applicable during the journey, which have certain specifics in relation to other modes of transport. The paper will present epidemiological measures as well as the procedure applied when there is a passenger on the flight who shows symptoms of an infectious disease, and new procedures related to transport of goods. It will also address the obligation to complete certain forms and provide various information as well as the obligation to compensate costs for cancelled flights. There is no doubt that the COVID-19 pandemic has a significant economic impact on air transport, and efforts will be made to present measures and provide forecasts for the recovery of air traffic in the period that follows. The paper will also address the question as to whether existing legislation and measures are appropriate, whether relevant international organisations have taken prompt measures to protect and ensure air transport during the pandemic, and whether sufficient measures have been taken to protect the health of passengers on the flight.

Zhao, L and S Sun, ‘Legal Issues and Challenges in Addressing the Coronavirus Outbreak on Large Cruise Ships: A Critical Examination of Port States Measures’ (2021) Ocean and Coastal Management (forthcoming)
Abstract: International cruises have drawn worldwide attention since the outbreak of coronavirus (COVID-19). This article first examines the legal issues, challenges and impact of the pandemic on large cruise ships, like the Diamond Princess, and then probes into corresponding pandemic preventive measures which port states employ. A State is obliged under the International Health Regulations 2005 (IHR) to grant foreign cruise ships free pratique, but there is an exception when public health emergencies of international concern occur. Therefore, this article argues that a port state is not obliged to allow foreign cruise ships to dock at its port at the cost of its domestic public health safety. Regarding the Diamond Princess, the Japanese government has undertaken pandemic preventive measures upon passengers on board the ship and complied with its domestic laws, including the Japanese Quarantine Act. This article further evaluates whether a port state’s pandemic preventive measures concerning cruise ships are appropriate from the perspective of law. More importantly, it is necessary to consider the characteristics and specialities of international cruise ships to improve future pandemic preventive measures against large passenger ships and cruise passengers.

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