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    <copyright>Copyright © 2026. National Academy of Sciences. All rights reserved.</copyright>
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    <managingEditor>tris-trb@nas.edu (Bill McLeod)</managingEditor>
    <webMaster>tris-trb@nas.edu (Bill McLeod)</webMaster>
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      <title>Transport Research International Documentation (TRID)</title>
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      <title>The deportation plane: charter flights and carceral mobilities</title>
      <link>https://trid.trb.org/View/2410375</link>
      <description><![CDATA[This paper calls for greater attention to air deportation, defined as the multiple ways in which states utilize aviation systems for the purpose of expelling unwanted people under immigration and criminal law. Civil aviation is pivotal to the expulsion of people from the countries of the global North, yet scholars of deportation have rarely addressed questions of aerial mobility. The paper makes two moves to centre aerial and carceral mobilities within the study of deportation. (1) Empirically, and taking the UK for its case material, it brings scholarly attention to one particular practice of air deportation: the phenomenon of charter flights. These are special operations on which there are no regular passengers, just deportees who are out-numbered by Detainee Custody Officers and other authorities. (2) Conceptually, the paper develops three tools from this case to advance the study of carceral circuits and mobilities: custodial chains, affordances and encumbrances. By helping us better understand agonistic power relations, and by offering a contextualized account of change attuned to the interplay of a variety of factors, these concepts can promote a more mobilities-attuned understanding of deportation by plane. They can also help us better understand tension and transformation in carceral mobilities.]]></description>
      <pubDate>Wed, 18 Sep 2024 09:41:17 GMT</pubDate>
      <guid>https://trid.trb.org/View/2410375</guid>
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      <title>5G interference with aviation altimeters: technology and policy recommendations for coexistence</title>
      <link>https://trid.trb.org/View/2382478</link>
      <description><![CDATA[The fifth generation (5G) cellular network roll-out provides high-speed performance, better coverage, and ubiquitous connectivity for the next-generation of intelligent communication systems. Compared to earlier versions, the new 5G wireless standard operates across a wider range of frequencies, which has raised aviation industry's concerns regarding safety and compatibility. For example, 5G systems operating with frequencies that are adjacent those used by radio altimeters could disrupt flight operations and navigation functions. This paper provides an overview of current research efforts assessing the 5G interference and its potential operational impact on altimeters. The work discusses the current stance of regulators and telecommunications operators worldwide on potential 5G interference with altimeters. The paper also compares the ongoing public consultations with key stakeholders globally regarding cellular systems' interference with altimeters. This work offers technical and policy recommendations to spectrum regulators and aviation authorities to inform the safe and efficient deployment of 5G spectra. This work identifies long-term solutions for achieving maximum 5G bands usability and ensuring compatibility among cellular technologies and aviation systems.]]></description>
      <pubDate>Tue, 28 May 2024 10:44:31 GMT</pubDate>
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      <title>From Deregulation to Network Integration: The Technical, Legal, and Economic Case for a New Aviation Regulatory Code</title>
      <link>https://trid.trb.org/View/2090576</link>
      <description><![CDATA[The aviation industry is historically characterized by its focus on continuous product development in aircraft technology, and its deployment in regional air markets.  Before the resulting air networks could be integrated into a seamless passenger travel system, however, a new aviation law regime – the Airline Deregulation Act of 1978 – was enacted into law.  This stature, which prioritized competition over cooperation, has left the air travel market far less organized than other network industries.  As network economics have subsequently become better understood by computing and communication advancements, its logic is overtaking older theories of the firm, including traditional concepts of competition and antitrust law.  A new aviation legal code based on network and total system integration may replace the current Deregulation Act, which only addresses airline competition, leaving out aircraft, airport, and airspace capacity management, and the resultant deadweight loss from mismatches in supply and demand.  An overlooked legal precedent in American history dates from the 1903 Northern Securities case: the dissent of Justice Oliver Wendell Holmes, Jr. and the unusual legal and economic case analysis by Christopher Columbus Langdell concerning natural monopoly and transportation economics.  Fifty years later, economic core theory provided the complementary mathematical science necessary to better understand how markets actually work, and confirmed the intuitions of Langdell and Holmes.  Together, these three factors – network economics, modernized antitrust jurisprudence, and economic core theory – create a three-dimensional model necessary to formulate a new aviation regulatory program designed for aviation system integration and efficiency.]]></description>
      <pubDate>Wed, 28 Dec 2022 09:28:10 GMT</pubDate>
      <guid>https://trid.trb.org/View/2090576</guid>
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      <title>Air Law and the Challenge of Outer Space</title>
      <link>https://trid.trb.org/View/2090575</link>
      <description><![CDATA[In just over 100 years, civil aviation has extended air travel around the world and contributed immeasurably to the convenience of its users, as it challenges the limits of its growth on Earth.  This paper will study the development of air law with an eye toward forming a new international legal regime applicable to commercial travel in outer space.  Particular attention will be given to two areas: (1) safety of flight operations; and (2) competition among commercial operators.  In formulating this study, it is necessary to examine whether air law alone can extend the structure of the international society of States into outer space, given that there is no substantive law that provides a common basis for human life in the many societies that comprise our world.  Consequently, it must be considered how to keep order based on equality of opportunity, while operating soundly and economically, and maintaining participation among States possessing space navigation technology, as well as those lacking it.  During this research, the author will find out the practical application of the ancient concept of opinion juris sive necessitates, which has created space law up to now and still serves as a basic notion for future life in outer space.  The author contends that there is much to learn about the shape of the future of humankind while outer space is challenged as a vast final frontier.]]></description>
      <pubDate>Wed, 28 Dec 2022 09:28:10 GMT</pubDate>
      <guid>https://trid.trb.org/View/2090575</guid>
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    <item>
      <title>Aviation safety regulations for unmanned aircraft operations: Perspectives from users</title>
      <link>https://trid.trb.org/View/1986629</link>
      <description><![CDATA[Aviation safety regulations for unmanned aircraft have become an important area of discussion for policymakers and practitioners alike. While there is a large extant literature examining the formulation and implementation of regulations for unmanned aircraft operations, these are usually done from technical, legal, or societal perspectives. However, the most affected stakeholders are the unmanned aircraft users themselves (e.g., through compliance costs or the inability to undertake certain operations). This study examines New Zealand's aviation safety regulatory framework for unmanned aircraft from the perspective of unmanned aircraft users. The sample consists of 767 unmanned aircraft users who were asked about the ease of finding regulations, the effectiveness of safety promotion efforts, and whether the strictness of the regulatory system is appropriate. Users were able to qualitatively suggest particular areas for stricter or less strict regulations. New Zealand is an ideal case study because its regulations are analogous to the model regulations from the International Civil Aviation Organisation, as well as other major jurisdictions. Participant perceptions about the ease of finding regulations, the effectiveness of government safety promotion efforts, and the strictness of the current safety regulations suggest participants do not see these as an issue. However, 26.60% of participants raised areas that they would like to see stricter regulations for, and 33.25% raised areas for less strict regulations. These are divided into themes using thematic analysis and discussed in terms of their policy implications for New Zealand's current regulatory framework.]]></description>
      <pubDate>Wed, 24 Aug 2022 15:02:47 GMT</pubDate>
      <guid>https://trid.trb.org/View/1986629</guid>
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    <item>
      <title>Flags of Convenience in Aviation – Myth or Reality?</title>
      <link>https://trid.trb.org/View/1986362</link>
      <description><![CDATA[The purpose of this paper is to establish whether the concept of “flags of convenience,” which is commonly used to refer to maritime vessels registered in countries maintaining so-called “open registries,” has transferred to the field of aviation.  This question has become somewhat relevant recently in light of the U.S. Department of Transportation decision to award foreign air carrier permits to two subsidiaries of Norwegian Air Shuttle ASA.  Part I of the paper seeks to explore the origins of the flags of convenience phenomenon in maritime law, as well as its impact on the international shipping industry.  Additionally, a necessary distinction is made between mare liberum or freedom of the seas on one hand, and the freedoms of the air and existing Open Skies agreements between States on the other.  Part II focuses on the determinations made by DOT in granting foreign air carrier permits to NAS’ subsidiaries and whether these instances indicate a trend toward a “race to the bottom” by States wishing to attract foreign air carriers to establish subsidiaries in their territory.  Based on the aforementioned observations, the paper concludes with a determination as to the likelihood of flags of convenience taking hold in aviation and the possible side effects of such an occurrence.]]></description>
      <pubDate>Mon, 27 Jun 2022 11:58:50 GMT</pubDate>
      <guid>https://trid.trb.org/View/1986362</guid>
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      <title>The Touhy Doctrine and Its Adverse Impact on Aviation Litigation</title>
      <link>https://trid.trb.org/View/1986369</link>
      <description><![CDATA[An airplane accident occurs, and the FAA and NTSB investigate int.  A lawyer retained by one of the parties analyzes the possible issues and potential sources of information related to the accident, but access to necessary information might be curtailed by the federal government.  The traditional evidence-gathering tools contained in state and Federal Rules of Civil Procedure are inadequate for aviation accident litigation because “critical accident-related evidence if often not in the possession, custody, or control of the parties or non-parties subject to ordinary discovery rules.”  Instead, the records are maintained by government agencies that may not be willing to provide them.  A significant roadblock to obtaining information necessary to support the case is the Touhy doctrine, which allows federal agencies to create regulations governing how and when, if ever, a person requesting federal records or witness testimony from federal employees can obtain that evidence.  These regulations, and their inconsistent application by the course, can significantly sidetrack or delay a lawsuit.  After outlining the development of the Touhy doctrine, the paper examines the NTSB’s and FAA’s Touhy regulations and the various jurisdictional splits related to the doctrine.  It then explores the “undue burden” standard followed by a minority of federal courts and the Administrative Procedures Act standard followed by a majority of federal courts.  Next, the paper discusses what a litigant can do if the lawsuit is pending in state court, and give practical guidance regarding how to obtain evidence under the current state of the law.  The paper concludes by recommending that Congress rein in the expansive power that Touhy regulations give to federal agencies to withhold necessary information from aviation litigants.]]></description>
      <pubDate>Mon, 27 Jun 2022 11:58:50 GMT</pubDate>
      <guid>https://trid.trb.org/View/1986369</guid>
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    <item>
      <title>The organization of the Norwegian aviation sector in a European context</title>
      <link>https://trid.trb.org/View/1931916</link>
      <description><![CDATA[This report analyses how Norwegian aviation today is organised and how the sector could be organised differently complying with the European Economic Area (EEA) law. Results: atypical employment among pilots and cabin crew, enabled by the introduction of a common EEA aviation market, seems to be an increasing problem in Europe. This puts pressure on the wage and employment conditions for the aviation industry, and may also influence the security. Thus, the industry needs better regulation and also better control at the national, Nordic and EU-level. The report suggests a number of actions. These include: a) changing demands in public procurements, b) implement an index for reference or joint tariffs, c) collaborate with the other Nordic countries in improving the working conditions in the Nordics and in Europe, d) launch stricter criteria to be eligible to procure public service obligation (PSO) routes, e) improve the surveillance authority and knowledge, f) improve Norwegian legislation for the employees in aviation, and g) various acts at the EU-level.]]></description>
      <pubDate>Mon, 25 Apr 2022 10:07:36 GMT</pubDate>
      <guid>https://trid.trb.org/View/1931916</guid>
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    <item>
      <title>Addressing the Effects of Pandemics on Civil Aviation: The Case of Covid-19</title>
      <link>https://trid.trb.org/View/1882804</link>
      <description><![CDATA[Covid-19 broke out in late 2019 and was classified by the World Health Organization on January 30, 2020 as a global public health emergency of international concern.  Measures taken by States to mitigate the pandemic – such as airspace closures and travel restrictions – led to disruptions in air transport services, thereby causing delays and flight cancellations.  Cases of disease transmission aboard airline flights, as well as discrimination in access to air transport, were also alleged.  This paper examines the effects of a pandemic on international civil aviation and how aviation law can address the challenges posed.  The paper posits that there is a need for international cooperation among States on issues that have come to the fore during the pandemic, such as airspace closures, travel restrictions, passenger protection, and multilateralism.  While noting the recent decreased commitment toward multilateralism in aviation, the paper recommends, among other things, the need for States to rethink the current system in terms of multilateral agreements, multilateral institutions, and regional arrangements.  The paper further notes that the civil aviation industry may have to contend with adopting a new multilateral regime to respond to the challenges presented in the post-Covid-19 era and to prepare for future pandemic incidents.]]></description>
      <pubDate>Wed, 06 Oct 2021 17:21:41 GMT</pubDate>
      <guid>https://trid.trb.org/View/1882804</guid>
    </item>
    <item>
      <title>Air Traffic Control vs. Human Traffic Control: Is Biosecurity Converting Aviation Law Into a Globalized, Transnational Law Regime of Data, Detection, and Demography?</title>
      <link>https://trid.trb.org/View/1882802</link>
      <description><![CDATA[In this commentary article, the author considers the impact of biosecurity on aviation law based on data, detection, and demographics.  The author notes that, because aviation law combines international and domestic law, it has arisen in a more-flexible way than other fields of law.  The author contends that air transportation is not just a simple means of travel but an inherent means of freedom of movement as well as freedom of trade and commerce across jurisdictions.  Topics discussed include post-deregulation growth of commercial airline travel; the modern political intervention into aviation; the interplay of air travel, technology, law, and behavior; and cooperation between public and private sectors and whether that cooperation dips into collusion.  The author concludes that the biosecurity framework can be both positive and negative for the air travel industry.]]></description>
      <pubDate>Wed, 06 Oct 2021 17:21:41 GMT</pubDate>
      <guid>https://trid.trb.org/View/1882802</guid>
    </item>
    <item>
      <title>Compilation of DOT and FAA Airport Legal Determinations and Opinion Letters as of December 31, 2019</title>
      <link>https://trid.trb.org/View/1855144</link>
      <description><![CDATA[U.S. airports that receive assistance from the federal government are required to comply with a number of obligations imposed by federal law. For example, airport sponsors that accept airport development grants-in-aid (pursuant to the Airport Improvement Program established by the Airport and Airway Improvement Act of 1982) contractually agree to comply with grant assurances governing, inter alia, the use of the airport, the manner in which the airport may be developed, the relationship between the airport sponsor and its aeronautical tenants and users, and the implementation of various federal programs. Likewise, airport sponsors that are the beneficiaries of land transferred pursuant to the Surplus Property Act are required to comply with the applicable deed covenants regarding the uses of such land. Finally, the owners of aeronautical facilities, including airports on which federal funds have been expended, are prohibited from granting certain exclusive rights. The U.S. Department of Transportation (DOT) and the Federal Aviation Administration (FAA) are the primary federal agencies issuing guidance on federal airport compliance matters. This compilation covers the following case specific guidance available from DOT and FAA as of December 31, 2019: Determinations and orders issued by FAA pursuant to 14 C.F.R. Part 16, Rules of Practice for Federally-Assisted Airport Enforcement Proceedings; Available records of decision issued by FAA pursuant to 14 C.F.R. Part 13, (investigative proceedings generally initiated before December 16, 1996, concerning compliance matters involving Federally-assisted airports); Substantive decisions and orders issued by DOT pursuant to 49 U.S.C. § 47129 (establishing the reasonableness of airport fees imposed on air carriers); and Opinion letters, memoranda, and related documents issued by the DOT General Counsel and FAA Chief Counsel (as of December 31, 2019). The legal matters discussed in these documents include the reasonableness of contractual terms, leasing practices, airport rules and regulations, airport charges imposed on aeronautical users, including airlines, and the standards for determining airport sponsor compliance with other federal obligations. Some of the documents in the collection also discuss procedural matters applicable to particular agency proceedings. This compilation contains 348 documents, including 292 agency determinations (35 Part 13 records of decision and 251 Part 16 determinations and orders) covering 228 distinct administrative cases brought against large and small airports throughout the U.S. The compilation also includes 51 DOT and FAA opinion letters, memoranda, and related documents. In addition to copies of the original agency documents, this compilation also includes a digest of each agency document in the collection. Each digest is comprised of, inter alia, an abstract of the facts and holdings, the name of the affected airport, applicable previous and subsequent histories of the case, and key terms. The digests are indexed and searchable.]]></description>
      <pubDate>Mon, 07 Jun 2021 12:52:47 GMT</pubDate>
      <guid>https://trid.trb.org/View/1855144</guid>
    </item>
    <item>
      <title>U-Space – Civil Liability for damages caused by Unmanned Aircraft</title>
      <link>https://trid.trb.org/View/1757405</link>
      <description><![CDATA[The global drone market has been showing steady growth year by year. This article will analyze existing regulations and materials on unmanned aerial vehicle (UAV) operations in U-Space, as well as the infrastructure concept of U-Space and its economic aspects, as the system aims to ensure the safe, fast and effective development of services relying on UAVs equipped with new technologies, the foundation of which is a safe, traffic management system (ultimately automatic). The goal of this article is to showcase the possible entities liable for damage caused by a drone flying in U-Space airspace and demonstrate the PansaUTM system – the backbone of the Polish Air Navigation Service Agency's (PANSA’s) U-Space. The method of study comprises a content analysis of existing legislations. The current doctrine was confronted with existing regulations, documents and materials. It is too early to make an assessment of existing regulations concerning U-Space. However, the study makes it clear that, taking into account the complexity of the concept itself and its substantial impact on the aviation industry and beyond, the biggest challenges for national (or European Union) legislators is the creation of standards for U-Space service provision and the identification of entities responsible for damages caused by UAVs used in it. The study shows that U-Space concept requires much more involvement of the legislator and stakeholders to ensure the safety of airspace users, people and infrastructure on the ground. Moreover, the article proposes a solution for compensation for damages caused to third parties in U-Space.]]></description>
      <pubDate>Sun, 17 Jan 2021 15:32:38 GMT</pubDate>
      <guid>https://trid.trb.org/View/1757405</guid>
    </item>
    <item>
      <title>Compilation of DOT and FAA Airport Legal Determinations and Opinion Letters</title>
      <link>https://trid.trb.org/View/1757849</link>
      <description><![CDATA[U.S. airports that receive assistance from the federal government are required to comply with a number of obligations imposed by federal law.  This compilation covers legal matters that include the reasonableness of contractual terms, leasing practices, airport rules and regulations, airport charges imposed on aeronautical users, including airlines, and the standards for determining airport sponsor compliance with other federal obligations. Some of these documents discuss procedural matters applicable to particular agency proceedings.]]></description>
      <pubDate>Wed, 16 Dec 2020 09:39:37 GMT</pubDate>
      <guid>https://trid.trb.org/View/1757849</guid>
    </item>
    <item>
      <title>Aviation Laws and Air Carrier Liabilities in India</title>
      <link>https://trid.trb.org/View/1739763</link>
      <description><![CDATA[In this paper, the author discusses the history of the established laws for carrier liabilities in India and explain the transition of the laws from being pro-carrier nature to pro-consumer nature. The transition happened through the enforcement of the concept of willful misconduct to break the monetary limits. The transition also happened with an essentially no-fault based system in place for damage claims under the new and higher limits, with a pure fault based system for claims over the established limits. The paper also gives a brief overview of the aviation sector in India, the information about the Regulatory bodies and the key legislations governing the Aviation sector in India. The paper throws light on different conventions and protocols and historic events that took place, in order to achieve the present day liability laws and limits accepted in India.]]></description>
      <pubDate>Tue, 27 Oct 2020 12:23:01 GMT</pubDate>
      <guid>https://trid.trb.org/View/1739763</guid>
    </item>
    <item>
      <title>Global Issues on Air Carriers Insurance Requirements Regarding Passengers and Their Impact on European and National Provisions</title>
      <link>https://trid.trb.org/View/1729508</link>
      <description><![CDATA[In recent years, people have witnessed a progressive growth in air transport of passengers in the EU which has had positive effects on trade growth and economic growth of the EU. A strategically important sector of air transport services in the EU is subject to the issuance of an operating licence to air carriers if they meet the insurance requirements. The main goal of this paper is to analyse the conditions for granting an operating licence for EU air carriers, e.g., to have an adequate insurance cover on air carriers liability in the event of damages that may occur to passengers. The same insurance obligations must also be fulfilled by third country air carriers and all air operators (regardless of nationality) flying within, into, out of or over the territory of an EU country. These insurance requirements for air carriers and aircraft operators in case of accidents with respect to passengers represent measures which promote consumer protection. Nevertheless, the authors point to the loopholes due to which the right of passengers (consumers) to bring a direct action against the carrier insurer is not provided for on international and European level. Since the legal regulations of the institute in question have been left to the national law of Contracting Parties to the Montreal Convention (1999) – the authors are carrying out an analysis of the current regulations of the Croatian insurance system. Pointing to the legislative background and legal review of provisions on air carriers and air operators contract liability for damages that may arise in the case of death or injury of passengers – the authors are analysing the current provisions on insurance on European and international level.]]></description>
      <pubDate>Thu, 27 Aug 2020 11:08:24 GMT</pubDate>
      <guid>https://trid.trb.org/View/1729508</guid>
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