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EXECUTIVE ROUNDTABLE SERIES. KEY LEGAL CONSIDERATIONS GOVERNING THE NEXT GENERATION AIR TRANSPORT SYSTEM. Governance, Regulatory and Liability Challenges In the Transformation of our Air Transport System. Speaker: Andrew B. Steinberg, Partner, Government Regulation – Jones Day June 3, 2010.

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governance regulatory and liability challenges in the transformation of our air transport system

EXECUTIVE ROUNDTABLE SERIES

KEY LEGAL CONSIDERATIONS GOVERNINGTHE NEXT GENERATION AIR TRANSPORT SYSTEM

Governance, Regulatory and Liability ChallengesIn the Transformation of our Air Transport System

Speaker: Andrew B. Steinberg, Partner, Government Regulation – Jones Day

June 3, 2010

overview
Overview
  • Agreement on the business and societal need to transform an antiquated infrastructure
  • Consensus on the desired capabilities and technologies of a modernized satellite-based system
  • Legal and regulatory challenges in the way of achieving our objectives
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http://www.sesarju.eu/news-press/gallery/videos?video=302#video-detailshttp://www.sesarju.eu/news-press/gallery/videos?video=302#video-details

what s stood in the way of progress
What’s stood in the way of progress?
  • Lack of Vision?
  • Lack of Technology?
  • Lack of Money?
governance challenges
Governance challenges
  • Financing the infrastructure and airborne equipage
  • Institutional competence
  • Private sector competition over ATM services
regulatory challenges
Regulatory challenges
  • The environment
  • “Performance-based” navigation rules:

“Best equipped best served” vs “first come, first served”

  • Equipage mandates and incentives
liability risks
Liability risks
  • Risk allocation among States, ANSP’s, 3d parties and mitigation techniques
  • Protecting IP conveyed to state agencies
  • Special challenge of “criminalizing” accidents