Journal of Air Law and Commerce

JALC

The Journal of Air Law and Commerce, a quarterly publication of the School of Law, is the oldest scholarly periodical in the English language devoted primarily to the legal and economic problems affecting aviation and space.

Since its foundation at Northwestern University in 1930 and move to SMU in 1961, the Journal of Air Law & Commerce continues to publish articles addressing domestic and international problems of the airline industry, private aviation, space, and general legal topics with a significant impact on aviation. Articles are written by distinguished lawyers, economists, government officials, and scholars. The Journal also publishes editorial comments written by students. Readership is worldwide with more than 2,300 subscribers in 54 countries.

The Journal sponsors SMU’s annual Air Law Symposium on selected problems in aviation law. More than 500 aviation lawyers and industry representatives attend the Symposium annually.

Recent Articles in Volume 89, Issue 2 (2024)

Unlawful Seizure: The Legal Implications Of Russia’s Re-Registration Of Leased Aircraft

By Matthew Ormsbee –  During the Russian invasion of Ukraine, Russia passed a law allowing its domestic airlines to reregister foreign-owned aircraft on the Russian aircraft registry. This law raises important questions about dual registration—forbidden under international law—since the prior foreign aviation authorities had not consented to the deregistration of the subject aircraft. Even as lessors revoked airworthiness certificates, Russia re-registered more than 350 leased aircraft. The most significant problem in civil aviation today is Russia’s re-registration law, which undermines predictability, order, and safety. This essay argues that Russia passed its registration law because its war left it with few other options. This does not make Russia’s actions legally defensible, but the context helps frame potential solutions, which will be explored after examining the international aircraft registration regime and the legal implications of Russia’s actions. [...]


The Case Law Of The Court Of Justice Of The EU On Art. 17 Of The 1999 Montreal Convention: An Evaluation From A Comparative Perspective

By Michael Chatzipanagiotis – This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, accounting also for the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, this paper does not explore the pertinent issues from a de lege ferenda perspective. [...


Still Far From Home – How Personal Jurisdiction Doctrine Undercuts The Montreal Convention’s “Fifth Jurisdiction” For “Wandering Americans”

By Hans Huggler – The rapid growth of global air travel in the mid-20th century gave rise to the problem of the “wandering American”—American residents whose air travel injury claims could not be heard in United States courts under the Warsaw Convention’s Article 28. Prominent cases prompted adoption of a “fifth jurisdiction” in the Montreal Convention’s Article 33, allowing injury suits in the Contracting State where an injured passenger had her “principal and permanent residence” so long as the international carrier served the forum. U.S. officials toasted their success in providing Americans with a domestic forum, but the adoption of the fifth jurisdiction did not finish the job. [...]

Treaties Establishing ICAO And IMO – A Comparative Study

By Ruwantissa Indranath Abeyratne – The comparison between air law and maritime law reveals both similarities and distinctions rooted in the unique frameworks of the International Civil Aviation Organization (ICAO) and The International Maritime Organization (IMO). While both entities were established through separate treaties, the Chicago Convention birthed ICAO, emphasizing the organization’s Assembly, Council, and auxiliary bodies. In contrast, the IMO Convention, also known as the Convention on the International Maritime Organization, forms the basis for IMO’s structure and functions as outlined in its preamble. [...]

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Contact

Journal Coordinator
Lisa Ponce
jalc_admin@smu.edu

President
Mikey Sanders
mikey@smu.edu  

Editor-in-Chief
Jenny Hulse
jalceic@smu.edu

Managing Editor
Cameron King
jalcme@smu.edu

Air Law Symposium Editors
Kellie Maguiness
Cole Connor
Reese Glusing
Jillian Smoorenburg

Submissions

Submission Instructions

Related links

Annual Air Law Symposium

SMU Annual Texas Survey

SMU Law Review

SMU Law Review Forum

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