Brexit and Aviation Law

Abstract

Brexit and Aviation Law presents the key Brexit-related legal issues for aviation business and administration.

The book begins with a discussion of the pieces of legislation that are affected by Brexit and those few that remain untouched. This covers EU primary and derived law, domestic laws, EU third party agreements (including the EEA, the ECAA, vertical agreements, horizontal agreements, aviation safety and security agreements), EU Member States’ bilateral air services agreements, the WTO/GATS framework, the ICAO framework, the ECAC framework, the EUROCONTROL framework, the Cape Town Convention, civil liability conventions, aviation security and criminal law conventions. The exact impact of Brexit on particular legal instruments and on their application in and to the UK is explained, as well as on the UK’s relations with the EU and third party states.

Against this background, a digest of regulatory and institutional problems in the aviation sector is deliberated. This part shows how post-Brexit changes in the legal environment work on regulatory content concerning air services (traffic and transit rights, airline ownership and control, other rights), airport services, fair competition, aviation safety, aviation security, environment protection, air navigation, aerospace manufacturing, aircraft finance, civil liability and aircrew rights. The following chapters point to the corresponding impact of Brexit on administrative and judiciary institutions and proceedings and on legislative business.

Lastly, the study deliberates on possible solutions to avoid legal incoherence after the UK withdraws form the EU. This part consists of a commentary on the currently proposed post-Brexit arrangements. It also gives essential guidance to the industry and the authorities on both sides of the Channel as to what to expect and how to prepare for the legal earthquake.