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An examination of the relationship between competition and the deregulation and liberalisation of the US and European air transport sectors reveals that the structure of the air transport sector has undergone a number of significant changes. A growing number of airlines are entering into horizontal and vertical cooperative arrangements and integration including franchising, codeshare agreements, alliances, 'virtual mergers' and in some cases, mergers with other airlines, groups of airlines or other complementary lines of business such as airports. This book considers the current legal issues affecting the air transport sector incorporating recent developments in the industry, including the end of certain exemptions from EU competition rules, the effect of the EU-US Open Skies Agreement, the accession of new EU Member States and the Lisbon Treaty. The book explores the differing European and US regulatory approaches to the changes in the industry and examines how airlines have remained economically efficient in what is perceived as a complex and confused regulatory environment. Competition and Regulation in the Airline Industry will be of particular interest to academics and students of competition law as well as EU law.

This article examines the impact of cigarette prices and smoke‐free air laws on adult smoking. Probit methods and a generalized linear model with log‐link and Gaussian distribution are employed to model adult smoking propensity and intensity, respectively. After controlling for unobserved state‐level heterogeneity, which can influence both tobacco policy and smoking behavior, the estimates from this study imply that an inverse relationship exists between cigarette prices and both smoking prevalence and average cigarette consumption by adult smokers. The estimates also imply that more restrictive smoke‐free air laws decrease average smoking by adult smokers but have little impact on prevalence. (JEL I18)

Since its establishment in 1948, the State of Israel has been oriented towards economic development and industrialization, with a transportation sector increasingly focused on private cars. In 1961, initial awareness of environmental risks led to the adoption of the Abatement of Nuisances Law, which served as the platform for air pollution policy for several decades, even as population growth and growth of the industrial sector, including fossil fuel power plants, led to a continuous increase in air pollution. In the early 2000s, the environmental movement in Israel criticized local air pollution policy as being out of date and started to promote a new Clean Air Law. The law, which was adopted in 2008 and came into force in 2011, was a watershed in air pollution policy in Israel. It includes ambient air quality values for 28 contaminants, emission permits for the industrial sector based on best available techniques (BAT), an enforcement system, and a unified and transparent monitoring system. This paper reviews the history of air pollution policy in Israel from 1948, through the 1961 and 2008 landmark legislations and their strengths and weaknesses, to the present. The paper ends with recommendations for future air pollution policy in Israel.

The study’s purpose was to identify differences in the relationship between tobacco control policies and smoking by poverty. We matched state smoke-free air law coverage (SFALs), tobacco control funding (TCF), and cigarette taxes with individual current smoking and demographics from supplements to the Current Population Survey (1985–2015). We regressed (logistic) smoking on policy variables, poverty (<138% of poverty line versus ≥138% of poverty line), interactions of policy and poverty, and covariates, presenting beta coefficients instead of odds ratios because it is difficult to interpret interactions using odds ratios (they are ratios of odds ratios). We coded SFALs as (1) proportion of state covered by 100% workplace, restaurant and bar laws (SFAL-All) or (2) proportion of state covered by workplace laws (SFAL-WP) and proportion covered by restaurant or bar laws (SFAL-RB). In the SFAL-All model, SFAL-All (Beta coeff: −0.03, 95% CI: −0.06, −0.002), tax (Coeff: −0.06, 95% CI: −0.07, −0.05), and TCF (Coeff: −0.01, 95% CI: −0.01, −0.001) were associated with less smoking. In this model, the interaction of SFAL-All by poverty was significant (Coeff: 0.08, 95% CI: 0.02, 0.13). In the SFAL-WP/RB model, SFAL-RB (Coeff: −0.05, 95% CI: −0.08, −0.02), tax (Coeff: −0.05, 95% CI: −0.06, −0.04), and TCF (Coeff: −0.01, 95% CI: −0.01, −0.00) were significant. In the same model, SFAL-WP (Coeff: 0.09, 95% CI: 0.03, 0.15), SFAL-RB (Coeff: −0.14, 95% CI: −0.19, −0.09), and TCF (Coeff: 0.01, 95% CI: 0.00, 0.02) interacted with poverty. Tax by poverty was of borderline significance in this model (Coeff = 0.02, 95% CI: −0.00, 0.04, p = 0.050). Among adults, SFALs, TCF, and tax were associated with less current smoking, and SFALs and TCF had differential relationships with smoking by poverty.

Air law is the law pertaining to the use of airspace. Over the years, it has progressed through the evolution of public and private international law, drawing principles of other branches of law such as contract law; tort law, and criminal law. At the base of air law are basic principles set out in the Convention on International Civil Aviation, popularly called the Chicago Convention which established The International Civil Aviation Organization (ICAO) - a specialized agency of the United Nations. ICAO conducts its triennial Assembly on matters of importance to international civil aviation. At this Assembly, Resolutions are adopted which recommend and request action by the member States of ICAO; The Council of ICAO; and the ICAO Secretariat. These Resolutions are discretionary for the States while being generally considered mandatory for the ICAO Council and the ICAO Secretariat. These two entities endeavor to implement parts of the Resolutions which require their actions. There have been no accepted legal definitions of these Resolutions, nor have there been any pronouncements of their legal legitimacy as coercive and actionable principles at law, except for some academic opinions to the effect that such Resolutions are the mere outcome of political compromises which carry no legal legitimacy. This book examines Resolutions which address some critical areas adopted by the 41st Assembly of ICAO and their relevance to the progress of air law as well as their functions as a tool of management. This is the first book to scrutinise the legal legitimacy of ICAO resolutions. It gives the reader a comprehensive understanding of the nature of a United Nations resolution. It is a key reading and reference work for aviation lawyers and regulators; academics; students of international law and air law; airlines and airline associations; airports associations; climate change platforms; and NGOs.

In the aftermath of World War II, states created a complex set of bilateral and multilateral institutions to govern international aviation markets. National governments concluded bilateral agreements to regulate airport entry and capacity and delegated to the airlines, through the International Air Transport Association (IATA), the authority to set fares and the terms of service in international markets. The resulting mixture of public and private institutions produced a de facto cartel that lasted for more than thirty years. Consistent with the Rational Design framework put forth by Barbara Koremenos, Charles Lipson, and Duncan Snidal, I argue that the institutions states created reflect the bargaining and incentive problems generated by international aviation markets. This case provides support for four of the Rational Design conjectures and slightly contradicts three others.

In 1955, an outcry broke out in Israel in the wake of Egypt's decision to tighten its blockade of Israeli navigation through the Straits of Tiran. At the same time, Egypt closed the entire airspace over the Straits - then Israel's sole route to Africa - to air traffic to or from Israel. The research community has treated the two respective Israeli 'rights' (freedom of navigation and freedom of overflight) as inseparable. The prevailing view was that both freedoms had been enjoyed unhindered following the 1956 Suez War, when Israel defined the freedom of navigation as a casus belli. However, recently declassified documents have exposed the full story of Israel's freedom of overflight: no civil aviation was renewed over the Straits in this period, despite cabinet meetings, secret negotiations with Egypt and clandestine military flights. In late 1966, Israel's Foreign Ministry decided to take a risk and renew the flights, only to discover that legally no 'freedom' had ever existed.

Good relations between Russia and Turkey became strained when Russia’s SU-24-M fighter jet was shot down by Turkey on 24 November 2015 in Syria. It was the first time a NATO country had shot down a Russian jet in over 63 years. Although a year after this incident, the relations were restored by the leaders of the two states, Erdogan and Putin, it is still important to investigate the jet incident more deeply and within the framework of international law in order to prevent future violations of this nature. As a matter of fact, Russia’s invasion of Ukraine on 24 February 2022 reveals the necessity of this investigation. The aim of this study is to examine the downing of the Russian jet by Turkey within the realm of compliance with international law. In this regard, first of all, information will be provided about the status of the airspace. Then, compatibility of Turkey’s downing of the Russian jet with international law is discussed.

Public international air law is based on two principles. The first recognizes each state’s full and absolute sovereignty over the air above its territory and territorial waters, including the right to impose its jurisdiction over such airspace. Thus, a state may require any foreign aircraft in its airspace, even if only briefly in transit, to comply with its air transport regulations, for example, those concerning the aircraft and its crew, navigation, and the environment. This right, however, is subject to those international treaty obligations the state has assumed in the interest of safe and efficient air transport. The Convention on International Civil Aviation (hereinafter referred to as the Chicago Convention), generally regarded as the Magna Charta of public international air law, requires each contracting state to “collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation.” To this end, the International Civil Aviation Organization (ICAO) was granted the power to adopt international standards and recommended practices and procedures dealing with matters such as communication systems and air navigation aids, rules of the air and air traffic control practices, as well as registration and identification of aircraft. Contracting states, however, retained the right to depart from such standards or recommended practices, provided they notified the Organization of the differences between their national regulations and those prescribed by an international standard.