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The legal aspects of Safety

An introduction to air law & selected safety case studies

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Table of Contents

Slide

Presentation of the speaker 2

Part 1 – Introduction to Air Law

Flying from Brussels to Kigali 3

Sources of Air Law 4

Stakeholders agreements 5

Part 2 – Safety Case studies

Adoption and Enforcement of safety standards 7

Bird strikes 8

Exoneration of air carrier liability 9

Carrying a drone onboard 10

Unruly passengers 11

Other case studies 12

Presentation of the AviAssist course on International Air Law & Policy 13

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Presentation of the speaker

Legal project management

Legal advice Legal training Research funding

z

Drones, NewSpace & security

Air & Space Law, IPR Air & Space Law Drones, Mobility and

space

Philippe Carous (FR, BE) – Legal & Funding expert – www.agapante.eu 5 years of experience as legal expert in the aerospace and transport sector LL.M in Air and Space Law (Leiden) + certificate in Intellectual Property Rights (Louvain) Currently managing Aerospace, Drones and Security related-projects at SpaceTec Partners Advising Aerospace & Defence startups in securing public funding Former: Airbus Defence & Space, EUROCONTROL

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Flying from BRU to KGL

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Sources of Air Law

ICAO, Air Carrier Liability, Criminal Air Law, Aircraft Leasing, EUROCONTROL

EASA Regulations

Private body regulations

Bilateral Agreements

Regional Agreements

National law

Multilateral Conventions

Bilateral Air Service Agreements

Contracts

Law N° 20/2018 establishing regulations governing

[Rwandan] civil aviation authority

IATA guidelines

General conditions of carriage, ground handling

agreement, inter-airlines agreement, leasing, ANSP’s

SAFETY

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Stakeholders agreements

Air law

Passengers

Consumer law, general conditions of air carriage, privacy protection, liability of air carrier in the event of accident & delay

Airlines

Operating License requirements, leasing agreement, insurance agreement, general conditions of air carriage, ground handling agreements, etc.

Airports

Real estate concession, real estate law

Aircraft leasing companies

Lease agreements

Air Navigation Service Provider

Charges collection, slot collection, Service Level Agreements, etc…

Insurance

Mandatory insurance contracts

Civil Aviation Authorities

ICAO requirements & safety oversight Aircraft manufacturer

Airworthiness requirements & product liability

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Safety Case studies

SAFETY ENFORCEMENT

Bird s

UNRULY PASSENGERS

What is the legal responsibility of a passenger in the event of unruly behavior? How to prevent it?

JUST CULTURE CONCEPT

Finding the balance between incident investigation and the right to prosecute criminal actionsf

BIRD STRIKES

What are the legal consequences in the event of bird strikes? How to avoid them?

EXONERATION OF AIR CARRIER LIABILITY

Examples of 5 judicial decisions exonerating the air carrier from its liability towards passengers

CARRYING A DRONE ONBOARD

What are the legal conditions to carry a drone onboard? How to mitigate the risk of battery failure?

AIR TRAFFIC CONTROL STRIKES

What are the legal consequences in the event of ATC strikes?

SPREAD OF DESEASE IN THE AIRCRAFT CABIN

Is the air carrier responsible in the event of spread of disease in the cabin? How to prevent such risk?

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Course on International Air Law & Policy

NEW

What will you learn? Who should attend? When? How much?

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Questions?