Jan Walulik | University of Warsaw (original) (raw)
Books by Jan Walulik
Warsaw: EuroPrawo, 2013
The book is the first comprehensive publication in Poland where regulation and regulatory reform ... more The book is the first comprehensive publication in Poland where regulation and regulatory reform are discussed in the context of air law. It was acknowledged as the best monograph on regulatory issues in Poland 2012–2014. Reflections included in this work cover international law, European law and US federal law. Additionally, the book refers to doctrines established in business law as well as to theories of regulation developed in economics.
The first part presents theoretical models of regulation and regulatory reform. Based on a digest of concepts presented in law, economics and political sciences, the historical concepts of these phenomena, their axiological foundations and respective legal instruments are discussed. In the second part the functioning of these models is illustrated with the transformations in the air transport industry. The economic characteristics of the airline sector and the fundaments of international, regional and national air law are outlined. The process of regulatory reform is exemplified on US airline deregulation and EU liberalisation in air transport. The work makes conclusions regarding the economic impact of the reform in the mentioned geographic regions, as well as forecasts concerning its future directions in the international sphere.
The dissertation represents a unique approach and makes the first systematic lecture on regulatory reform in Polish literature. The models of regulation and regulatory reform are defined in a wider perspective embracing international and domestic economic policies. The book explains how values underlying legal and economic systems translate into particular functions of government in the economy and trigger application of specific legal instruments in the regulated sectors. The genesis and the consequences of the deliberated normative phenomena are discussed in the perspective of both policy and economic considerations. This places the legal debate in the wider context of economic transformations.
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Warsaw: Wolters Kluwer, 2016
Authors: Adam Berezowski, Wanda Dzienkiewicz, Ewa Jasiuk, Agata Kaczyńska, Piotr Kasprzyk, Anna K... more Authors: Adam Berezowski, Wanda Dzienkiewicz, Ewa Jasiuk, Agata Kaczyńska, Piotr Kasprzyk, Anna Konert, Agnieszka Kunert-Diallo, Krystyna Marut, Katarzyna Myszona-Kostrzewa, Jan Walulik, Marek Żylicz (ed.)
Jan Walulik - contributor to parts concerning: airport management, ground handling, PSO, aircraft accident and incident investigations, administrative fines, criminal provisions and transitional provisions.
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Abingdon, New York: Routledge, 2016
Progressive Commercialization of Airline Governance Culture analyses the transition of the airlin... more Progressive Commercialization of Airline Governance Culture analyses the transition of the airline sector from the not-for-profit nation-bound public utility model towards a profit-oriented globalised industry. This process is discussed from the perspective of airline governance culture.
The dissertations start with a discussion concerning nationality of airlines and aviation markets and their roots in air law. This part explains how aviation laws and policies have translated into airline dependence on state ownership, restricted access to capital, inefficient structures and specific unproductive business culture.
The following part shows how the nation-bound market framework has been brought out of equilibrium due to liberalisation in air services and airline privatisation, and how this process has destabilised airline governance. This is supplemented with a discussion of airline alliances and other private business solutions to this conflicted environment.
The book presents legal instruments to eliminate national economic affiliations associated with airline ownership and control, comprising community carrier systems, principal place of business designation clauses and liberalisation of national airline investment and establishment regimes. The study gives recommendations as to legal methods, schedules and fora which would be most effective in furthering the airline governance reform.
The concluding part is a debate on economic trends that will prevail in the industry once the airline governance culture is commercialised. It is argued that the resulting worldwide defragmentation of the air transport market and the reorientation on airlines as its key actors will change the nature of competition within the aviation industry and enable true globalisation in this sector.
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Abingdon, New York: Routledge, 2019
Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely... more Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation.
First, it focuses on discrepancies within the regulatory and antitrust framework and possible solutions thereto. Possible strategies for multilateralisation and defragmentation of air law are discussed, including those within the ICAO and WTO systems, as well as privatisation, trans-national cooperation and consolidation between airlines.
This is followed by a debate on international harmonisation of air policy and economic regulation with competition law and policy. This part deliberates on the peculiarities of the latter framework, such as ‘extraterritorial’ application (effects doctrine) and antitrust immunities. Specific legal problems concerning airline alliance activities are also addressed, such as code-sharing, leasing, franchising and common branding, as well as metal-neutral joint ventures and real air carrier mergers.
The discussion extends to competition and possible conflicts between air transport law and other legal regimes, including space law, environmental law (carbon offsetting schemes) and labour law, which are relevant to aviation and growing aerospace activities. The study also contributes to some specific regulatory problems, such as possible regulation of space tourism under air law, airline ownership and control, balance between aviation safety and airline liberalisation, development of regional liberalisation initiatives and solutions to eliminate air connectivity gaps.
The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent world’s key air transport markets and air law academic centres.
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Abingdon, New York: Routledge, 2019
Brexit and Aviation Law presents the key Brexit-related legal issues for aviation business and ad... more 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.
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Papers by Jan Walulik
Brexit and Aviation Law
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Brexit and Aviation Law
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Brexit and Aviation Law
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SSRN Electronic Journal
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Brexit and Aviation Law
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Progressive Commercialization of Airline Governance Culture
Progressive Commercialization of Airline Governance Culture analyses the transition of the airlin... more Progressive Commercialization of Airline Governance Culture analyses the transition of the airline sector from the not-for-profit nation-bound public utility model towards a profit-oriented globalised industry. This process is discussed from the perspective of airline governance culture. The dissertations start with a discussion concerning nationality of airlines and aviation markets and their roots in air law. This part explains how aviation laws and policies have translated into airline dependence on state ownership, restricted access to capital, inefficient structures and specific unproductive business culture. The following part shows how the nation-bound market framework has been brought out of equilibrium due to liberalisation in air services and airline privatisation, and how this process has destabilised airline governance. This is supplemented with a discussion of airline alliances and other private business solutions to this conflicted environment. The book presents legal instruments to eliminate national economic affiliations associated with airline ownership and control, comprising community carrier systems, principal place of business designation clauses and liberalisation of national airline investment and establishment regimes. The study gives recommendations as to legal methods, schedules and fora which would be most effective in furthering the airline governance reform. The concluding part is a debate on economic trends that will prevail in the industry once the airline governance culture is commercialised. It is argued that the resulting worldwide defragmentation of the air transport market and the reorientation on airlines as its key actors will change the nature of competition within the aviation industry and enable true globalisation in this sector.
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Ruch Prawniczy Ekonomiczny I Socjologiczny, 2013
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Kontrola Państwowa, Apr 2011
This article is the first part of a series on air accident investigations. It presents a digest o... more This article is the first part of a series on air accident investigations. It presents a digest of international, regional and domestic sources of law concerning aircraft accident and incident investigations, and explains the relations between the discussed legal regimes. In particular, the differences between investigations in civil aviation and in state aviation are explained. This includes a presentation and study on so far unpublished provisions on accident investigations contained in international agreements concerning state aviation.
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Kontrola Państwowa, May 2011
The article discusses the Cape Town Convention and its Aircraft Protocol, which establish the ins... more The article discusses the Cape Town Convention and its Aircraft Protocol, which establish the institution of international interest in mobile equipment (airframes, aircraft engines and helicopters). The study explains the principles of these instruments, their peculiarities, scope of application and role in the unification of international interests and in ensuring legal certainty. The consequences of the potential adoption of the Convention and the Protocol in Poland are also analysed, including the necessary amendments to civil law. Lastly, the article gives recommendations as to the accession of Poland to the Convention and the Protocol, and as to making optional declarations thereto.
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Kontrola Państwowa, Dec 2011
This article is the second part of a series on air accident investigations. With reference to air... more This article is the second part of a series on air accident investigations. With reference to aircraft accident and incident investigations, and the use of results of such investigations, the article discusses the issue of the proper balance between ensuring aviation safety and executing responsibility. The possible conflicts between the realisation of both goals in the context of criminal, civil or administrative proceedings are explored. The article concentrates on just culture principles aimed at balancing safety and responsibility in aviation. This includes a discussion of EUROCONTROL heritage in this respect and of the implementation of these principles in Annex 13 to the Chicago Convention, Regulation 966/2010/EU and Polish aviation law. The analysis focuses on the precautionary goal of investigations, institutional independence and relations between safety investigations and other proceedings. It concludes with recommendations for the lawmaker.
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Z. Cieślak, K. Zalasińska (eds.), Prace Studialne Warszawskiego Seminarium Aksjologii Administracji, 2012
This working paper includes a brief theoretical legal study on market regulation. It translates e... more This working paper includes a brief theoretical legal study on market regulation. It translates economic theories of sectoral market regulation into established concepts of administrative law. The legal methods employed for sectoral regulation and the corresponding types of legal norms are analysed. This is followed by a discussion of the nature of statutory legislation and the distinctive discretionary administrative powers. Lastly, particular instruments of regulation distinguished in economics are situated within the framework of administrative law.
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Kontrola Państwowa, Apr 2012
This article is the third part of a series on air accident investigations. It develops on the leg... more This article is the third part of a series on air accident investigations. It develops on the legal status of findings of aircraft accident and incident investigations. The extent to which such findings may be binding in civil, criminal and administrative procedures is analysed. Emphasis is placed on the probative value of aircraft accident and incident investigation final reports. Further, the possible status of such reports as official documents and the consequences of such status for particular types of proceedings is discussed. Lastly, possible constraints to the use of reports which arise from general procedural rules as well as from specific provisions of air law are investigated.
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Studia Prawnicze, Jun 2012
This article is the fourth part of a series on air accident investigations. It concentrates on pr... more This article is the fourth part of a series on air accident investigations. It concentrates on protection of the records gathered in aircraft accident and incident investigations. Outlined are the ways in which such materials may be used in civil, administrative and criminal proceedings. The article further presents the axiological premises and legal instruments for the protection of such records, as well as the possible grounds for their authorised disclosure and use in other proceedings. The article also points to differences as to the status of records gathered in civil aviation and state aviation investigations. Lastly, it includes remarks concerning proper implementation in Poland of international and EU rules on record protection.
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Studia Europejskie, Dec 2012
The article discusses the reform of airport regulations proposed by the European Commission in th... more The article discusses the reform of airport regulations proposed by the European Commission in the ‘Airport Package’ of December 2011. The package is presented in in the context of various dimensions of European air law and directions of its evolution, as well as wider initiatives of the EU common transport policy. Discussed are general characteristics and key provisions of the proposed regulations on slot allocation, ground handling and noise-related aircraft operating restrictions at EU airports, along with the current regulations in these fields and their imperfections. In conclusion, advantages and drawbacks of the proposed legislation are considered.
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Ruch Prawniczy Ekonomiczny i Socjologiczny, Sep 2013
The article starts with a discussion on the present state of international criminal air law (the ... more The article starts with a discussion on the present state of international criminal air law (the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971 and the Montreal Protocol 1988), including general characteristics of this law, key provisions of international treaties and their implementation in the national regime. Some inadequacies of current regulations are revealed. The second part concentrates on changes brought about by the Beijing Convention and the Beijing Protocol of 2010 concerning the scope of criminalisation, applicable law, jurisdiction, information obligations, extradition, non-discrimination and fair trial. The concluding part presents general remarks concerning the implementation of the Convention and the Protocol in Poland.
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Warsaw: EuroPrawo, 2013
The book is the first comprehensive publication in Poland where regulation and regulatory reform ... more The book is the first comprehensive publication in Poland where regulation and regulatory reform are discussed in the context of air law. It was acknowledged as the best monograph on regulatory issues in Poland 2012–2014. Reflections included in this work cover international law, European law and US federal law. Additionally, the book refers to doctrines established in business law as well as to theories of regulation developed in economics.
The first part presents theoretical models of regulation and regulatory reform. Based on a digest of concepts presented in law, economics and political sciences, the historical concepts of these phenomena, their axiological foundations and respective legal instruments are discussed. In the second part the functioning of these models is illustrated with the transformations in the air transport industry. The economic characteristics of the airline sector and the fundaments of international, regional and national air law are outlined. The process of regulatory reform is exemplified on US airline deregulation and EU liberalisation in air transport. The work makes conclusions regarding the economic impact of the reform in the mentioned geographic regions, as well as forecasts concerning its future directions in the international sphere.
The dissertation represents a unique approach and makes the first systematic lecture on regulatory reform in Polish literature. The models of regulation and regulatory reform are defined in a wider perspective embracing international and domestic economic policies. The book explains how values underlying legal and economic systems translate into particular functions of government in the economy and trigger application of specific legal instruments in the regulated sectors. The genesis and the consequences of the deliberated normative phenomena are discussed in the perspective of both policy and economic considerations. This places the legal debate in the wider context of economic transformations.
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Warsaw: Wolters Kluwer, 2016
Authors: Adam Berezowski, Wanda Dzienkiewicz, Ewa Jasiuk, Agata Kaczyńska, Piotr Kasprzyk, Anna K... more Authors: Adam Berezowski, Wanda Dzienkiewicz, Ewa Jasiuk, Agata Kaczyńska, Piotr Kasprzyk, Anna Konert, Agnieszka Kunert-Diallo, Krystyna Marut, Katarzyna Myszona-Kostrzewa, Jan Walulik, Marek Żylicz (ed.)
Jan Walulik - contributor to parts concerning: airport management, ground handling, PSO, aircraft accident and incident investigations, administrative fines, criminal provisions and transitional provisions.
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Abingdon, New York: Routledge, 2016
Progressive Commercialization of Airline Governance Culture analyses the transition of the airlin... more Progressive Commercialization of Airline Governance Culture analyses the transition of the airline sector from the not-for-profit nation-bound public utility model towards a profit-oriented globalised industry. This process is discussed from the perspective of airline governance culture.
The dissertations start with a discussion concerning nationality of airlines and aviation markets and their roots in air law. This part explains how aviation laws and policies have translated into airline dependence on state ownership, restricted access to capital, inefficient structures and specific unproductive business culture.
The following part shows how the nation-bound market framework has been brought out of equilibrium due to liberalisation in air services and airline privatisation, and how this process has destabilised airline governance. This is supplemented with a discussion of airline alliances and other private business solutions to this conflicted environment.
The book presents legal instruments to eliminate national economic affiliations associated with airline ownership and control, comprising community carrier systems, principal place of business designation clauses and liberalisation of national airline investment and establishment regimes. The study gives recommendations as to legal methods, schedules and fora which would be most effective in furthering the airline governance reform.
The concluding part is a debate on economic trends that will prevail in the industry once the airline governance culture is commercialised. It is argued that the resulting worldwide defragmentation of the air transport market and the reorientation on airlines as its key actors will change the nature of competition within the aviation industry and enable true globalisation in this sector.
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Abingdon, New York: Routledge, 2019
Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely... more Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation.
First, it focuses on discrepancies within the regulatory and antitrust framework and possible solutions thereto. Possible strategies for multilateralisation and defragmentation of air law are discussed, including those within the ICAO and WTO systems, as well as privatisation, trans-national cooperation and consolidation between airlines.
This is followed by a debate on international harmonisation of air policy and economic regulation with competition law and policy. This part deliberates on the peculiarities of the latter framework, such as ‘extraterritorial’ application (effects doctrine) and antitrust immunities. Specific legal problems concerning airline alliance activities are also addressed, such as code-sharing, leasing, franchising and common branding, as well as metal-neutral joint ventures and real air carrier mergers.
The discussion extends to competition and possible conflicts between air transport law and other legal regimes, including space law, environmental law (carbon offsetting schemes) and labour law, which are relevant to aviation and growing aerospace activities. The study also contributes to some specific regulatory problems, such as possible regulation of space tourism under air law, airline ownership and control, balance between aviation safety and airline liberalisation, development of regional liberalisation initiatives and solutions to eliminate air connectivity gaps.
The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent world’s key air transport markets and air law academic centres.
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Abingdon, New York: Routledge, 2019
Brexit and Aviation Law presents the key Brexit-related legal issues for aviation business and ad... more 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.
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Brexit and Aviation Law
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Brexit and Aviation Law
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Brexit and Aviation Law
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SSRN Electronic Journal
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Brexit and Aviation Law
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Progressive Commercialization of Airline Governance Culture
Progressive Commercialization of Airline Governance Culture analyses the transition of the airlin... more Progressive Commercialization of Airline Governance Culture analyses the transition of the airline sector from the not-for-profit nation-bound public utility model towards a profit-oriented globalised industry. This process is discussed from the perspective of airline governance culture. The dissertations start with a discussion concerning nationality of airlines and aviation markets and their roots in air law. This part explains how aviation laws and policies have translated into airline dependence on state ownership, restricted access to capital, inefficient structures and specific unproductive business culture. The following part shows how the nation-bound market framework has been brought out of equilibrium due to liberalisation in air services and airline privatisation, and how this process has destabilised airline governance. This is supplemented with a discussion of airline alliances and other private business solutions to this conflicted environment. The book presents legal instruments to eliminate national economic affiliations associated with airline ownership and control, comprising community carrier systems, principal place of business designation clauses and liberalisation of national airline investment and establishment regimes. The study gives recommendations as to legal methods, schedules and fora which would be most effective in furthering the airline governance reform. The concluding part is a debate on economic trends that will prevail in the industry once the airline governance culture is commercialised. It is argued that the resulting worldwide defragmentation of the air transport market and the reorientation on airlines as its key actors will change the nature of competition within the aviation industry and enable true globalisation in this sector.
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Ruch Prawniczy Ekonomiczny I Socjologiczny, 2013
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Kontrola Państwowa, Apr 2011
This article is the first part of a series on air accident investigations. It presents a digest o... more This article is the first part of a series on air accident investigations. It presents a digest of international, regional and domestic sources of law concerning aircraft accident and incident investigations, and explains the relations between the discussed legal regimes. In particular, the differences between investigations in civil aviation and in state aviation are explained. This includes a presentation and study on so far unpublished provisions on accident investigations contained in international agreements concerning state aviation.
Bookmarks Related papers MentionsView impact
Kontrola Państwowa, May 2011
The article discusses the Cape Town Convention and its Aircraft Protocol, which establish the ins... more The article discusses the Cape Town Convention and its Aircraft Protocol, which establish the institution of international interest in mobile equipment (airframes, aircraft engines and helicopters). The study explains the principles of these instruments, their peculiarities, scope of application and role in the unification of international interests and in ensuring legal certainty. The consequences of the potential adoption of the Convention and the Protocol in Poland are also analysed, including the necessary amendments to civil law. Lastly, the article gives recommendations as to the accession of Poland to the Convention and the Protocol, and as to making optional declarations thereto.
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Kontrola Państwowa, Dec 2011
This article is the second part of a series on air accident investigations. With reference to air... more This article is the second part of a series on air accident investigations. With reference to aircraft accident and incident investigations, and the use of results of such investigations, the article discusses the issue of the proper balance between ensuring aviation safety and executing responsibility. The possible conflicts between the realisation of both goals in the context of criminal, civil or administrative proceedings are explored. The article concentrates on just culture principles aimed at balancing safety and responsibility in aviation. This includes a discussion of EUROCONTROL heritage in this respect and of the implementation of these principles in Annex 13 to the Chicago Convention, Regulation 966/2010/EU and Polish aviation law. The analysis focuses on the precautionary goal of investigations, institutional independence and relations between safety investigations and other proceedings. It concludes with recommendations for the lawmaker.
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Z. Cieślak, K. Zalasińska (eds.), Prace Studialne Warszawskiego Seminarium Aksjologii Administracji, 2012
This working paper includes a brief theoretical legal study on market regulation. It translates e... more This working paper includes a brief theoretical legal study on market regulation. It translates economic theories of sectoral market regulation into established concepts of administrative law. The legal methods employed for sectoral regulation and the corresponding types of legal norms are analysed. This is followed by a discussion of the nature of statutory legislation and the distinctive discretionary administrative powers. Lastly, particular instruments of regulation distinguished in economics are situated within the framework of administrative law.
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Kontrola Państwowa, Apr 2012
This article is the third part of a series on air accident investigations. It develops on the leg... more This article is the third part of a series on air accident investigations. It develops on the legal status of findings of aircraft accident and incident investigations. The extent to which such findings may be binding in civil, criminal and administrative procedures is analysed. Emphasis is placed on the probative value of aircraft accident and incident investigation final reports. Further, the possible status of such reports as official documents and the consequences of such status for particular types of proceedings is discussed. Lastly, possible constraints to the use of reports which arise from general procedural rules as well as from specific provisions of air law are investigated.
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Studia Prawnicze, Jun 2012
This article is the fourth part of a series on air accident investigations. It concentrates on pr... more This article is the fourth part of a series on air accident investigations. It concentrates on protection of the records gathered in aircraft accident and incident investigations. Outlined are the ways in which such materials may be used in civil, administrative and criminal proceedings. The article further presents the axiological premises and legal instruments for the protection of such records, as well as the possible grounds for their authorised disclosure and use in other proceedings. The article also points to differences as to the status of records gathered in civil aviation and state aviation investigations. Lastly, it includes remarks concerning proper implementation in Poland of international and EU rules on record protection.
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Studia Europejskie, Dec 2012
The article discusses the reform of airport regulations proposed by the European Commission in th... more The article discusses the reform of airport regulations proposed by the European Commission in the ‘Airport Package’ of December 2011. The package is presented in in the context of various dimensions of European air law and directions of its evolution, as well as wider initiatives of the EU common transport policy. Discussed are general characteristics and key provisions of the proposed regulations on slot allocation, ground handling and noise-related aircraft operating restrictions at EU airports, along with the current regulations in these fields and their imperfections. In conclusion, advantages and drawbacks of the proposed legislation are considered.
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Ruch Prawniczy Ekonomiczny i Socjologiczny, Sep 2013
The article starts with a discussion on the present state of international criminal air law (the ... more The article starts with a discussion on the present state of international criminal air law (the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971 and the Montreal Protocol 1988), including general characteristics of this law, key provisions of international treaties and their implementation in the national regime. Some inadequacies of current regulations are revealed. The second part concentrates on changes brought about by the Beijing Convention and the Beijing Protocol of 2010 concerning the scope of criminalisation, applicable law, jurisdiction, information obligations, extradition, non-discrimination and fair trial. The concluding part presents general remarks concerning the implementation of the Convention and the Protocol in Poland.
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K. Myszona, Z. Galicki (eds.), 50 lat konwencji tokijskiej – bezpieczeństwo żeglugi lotniczej z perspektywy przestrzeni powietrznej i kosmicznej. Księga dedykowana Profesorowi Markowi Żyliczowi, Warsaw, 2014
This paper is a detailed study of the differences between the Montreal Convention 1971 (as amende... more This paper is a detailed study of the differences between the Montreal Convention 1971 (as amended by the 1988 protocol) and the Beijing Convention 2010, and between the Hague Convention 1970 and the Beijing Protocol 2010, which amends the latter convention. The broadened scope of criminalisation in the 2010 instruments and the newly defined forms of international crimes are discussed. This includes a commentary on the drawbacks of the existing treaties and on their reform. Shortfalls of the Beijing Convention and the Beijing Protocol are also pointed out. Additionally, the compatibility of Polish criminal law with the current international provisions and with the 2010 international instruments is considered. In both instances, specific amendments to national regulations are recommended.
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Transport Policy, Jul 2016
There is a growing discrepancy between the success of economic liberalisation in international ai... more There is a growing discrepancy between the success of economic liberalisation in international air services and the remaining limits to trans-border airline investment, especially the constraints embedded in national airline establishment regimes. The aim of the article is to deliver practical information on these limitations worldwide, along with careful annotations. The article portrays the worldwide scale and extent of the discussed restrictions by presenting national regulations on airline ownership and control in 121 states and territories. Normative characteristics of the airline nationality requirements are discussed based on the above material, key rulings and literature. This includes an analysis of legal construction of the limitations, their sources and addressees, relations of the ownership and control tests and the role of discretionary regulatory policy. The study shows that airline investment rules worldwide generally remain restrictive, and that the potential for reform is outside the ownership and control-based system rather than within it.
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M. Bernatt, A. Jurkowska-Gomułka, M. Namysłowska, Anna Piszcz (eds.), Wyzwania dla ochrony konkurencji i regulacji rynku. Księga Jubileuszowa dedykowana Profesorowi Tadeuszowi Skocznemu, Warsaw: C.H. Beck, 2017
The paper is a theoretical study on relations between economic regulation and competition law. Ba... more The paper is a theoretical study on relations between economic regulation and competition law. Based on the classical welfare economics doctrine, it starts with a presentation of premises and aims of the discussed parts of legislation, such as market failures and market optimisation. The roles of economic regulation and competition law and their complementarity are analysed. This is followed by an examination of norms of substantive law in the deliberated areas. Distinguished are features such as sectoral or cross-sectoral scope of norms, their repressive or prescriptive function, their reactive or proactive nature and ex ante or ex post effects and their relation to competition (regulation of competition or regulation for competition). Lastly, the paper points to instances of convergence of economic regulation and competition law.
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Jan Walulik (ed.), Harmonising Regulatory and Antitrust Regimes for International Air Transport, Abingdon, New York: Routledge, 2019
The airline industry usually calls for further liberalisation of traffic rights, operational righ... more The airline industry usually calls for further liberalisation of traffic rights, operational rights and airline ownership and control. This paper concentrates on the 7th and 9th freedoms of the air. Due to the lack of legal safeguards, liberalisation in this respect may lead to ‘offshore’ operations without appropriate regulatory oversight, and thus compromise aviation safety. In the long run, it may also hamper liberalisation awaited in other fields of air law. As an alternative, a more balanced solution for liberalisation is proposed. It is argued that a proper reform of airline ownership and control restrictions may successfully substitute for the economic benefits of the 7th to the 9th freedoms of the air, although at a lower price for the industry’s safety.
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V Międzynarodowa Konferencja i Wystawa 'Lotnisko', 2012
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Kryzys a perspektywy rozwoju transportu lotniczego w Polsce, Civil Aviation Authority, Warsaw, Poland, 2012
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Istota i funkcje polityki administracyjnej państwa, Faculty of Law and Administration, Universitas Cardinalli Stephani Wyszynski, Poland, 2012
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50 lat konwencji tokijskiej - bezpieczeństwo żeglugi lotniczej z perspektywy przestrzeni pow. i kosmicznej, University of Warsaw, Poland, 2013
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IV Ogólnopolska Konferencja Prawa i Technologii Lotniczych oraz Kosmicznych, Faculty of Law and Administration, University of Rzeszow, Poland, 2016
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Antitrust Aviation Seminar, Centre for Antitrust and Regulatory Studies, Faculty of Management, University of Warsaw, Poland, 2016
Jan Walulik - organiser, moderator, speaker. The seminar involved a discission on antitrust issue... more Jan Walulik - organiser, moderator, speaker. The seminar involved a discission on antitrust issues in civil aviation in the US and in the EU. The American experience was presented by Michael Jacobs (DePaul University, Chicago). The Polish experts included Marek Żylicz (University of Warsaw), Izabella Szymajda - Wojciechowska (Vice-President, Civil Aviation Authority), Agnieszka Kunert-Diallo (LOT Polish Airlines), Filip Czernicki (Polish Airports State Entreprise) and Jan Walulik (Centre for Antitrust and Regulatory Studies).
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International Conference: Contemporary Issues in Air & Space Laws, University of Sharjah, Sharjah, United Arab Emirates, 2017
Lecture: UAE-EU Airline Investment Issue: The Right Way Forward. Based on legal and economic back... more Lecture: UAE-EU Airline Investment Issue: The Right Way Forward. Based on legal and economic background to UAE EU aviation relations potential benefits of UAE-EU airline investment liberalisation were reviewed. The speach included an analysis of possible legal solutions to overcome airline investment restrictions such as horizontal instruments or comprehensive agreements at bilateral and transregional level. In the end, legal and political challenges to UAE-EU airline nationality liberalisation as well as short and long-term feasibility of this process were considered.
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Aviation Antitrust and Regulatory Conference, Centre for Antitrust and regulatory Studies, Faculty of Management, University of Warsaw, Poland, 2017
Jan Walulik - organiser, moderator, speaker. The aim of the conference was to discuss current pro... more Jan Walulik - organiser, moderator, speaker. The aim of the conference was to discuss current problems and legal trends related to economic regulation and antitrust policy in international air transport such as:
- Multilateralisation of International Civil Aviation Relations and Defragmentation of International Air Law
- Balancing Air Policy and Fair Competition in International Civil Aviation
- Competition Between Air Transport Law and Other Regulatory Regimes
- Regulation, Deregulation or Non-Regulation of Aerospace Activities
The debate was meant to reveal and reconcile distinct perspectives characteristic for different regions of the world. Speakers included: Shadi A. Alshdaifat, Elena Carpanelli, Paul S. Dempsey, Piotr P. Dziubak, Elmar M. Giemulla, Peter P.C. Haanappel, Agnieszka Kunert-Diallo, Bashar H. Malkawi, Pablo Mendes de Leon, Małgorzata Polkowska, Andrea Trimarchi, Frans G. von der Dunk, Jan Walulik, Paweł Zagrajek, Marek Żylicz. The conference has resulted in a post-conference book: Jan Walulik (ed.) Harmonising Regulatory and Antitrust Regimes for International Air Transport, Abingdon, New York: Routledge, 2019.
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TAIEX Multi-Country Workshop on Public Service Obligations and State aid rules in aviation: considerations for enhancing air transport connectivity in the Western Balkans, Podgorica, Montenegro, 2018
The TAIEX Multi-Country Workshop on Public Service Obligations and State aid rules in aviation: c... more The TAIEX Multi-Country Workshop on Public Service Obligations and State aid rules in aviation: considerations for enhancing air transport connectivity in the Western Balkans was organised on 25-26 July 2018 in Podgorica by the Civil Aviation Authority of Montenegro and the European Commission. Speakers included: Mate Gjorgjievski, Peter P.C. Haanappel, Jan Walulik, Paweł Zagrajek, Piotr P. Dziubak. My lecture concerned Public Service Obligation in aviation, referring to EP and the Council regulation 1008/2008 and the PSO guidelines , as well as bringing the history of PSO in Europe and elsewhere and best practices from the EU.
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Yearbook of Antitrust and Regulatory Studies, 2020
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internetowy Kwartalnik Antymonopolowy i Regulacyjny, 2017
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internetowy Kwartalnik Antymonopolowy i Regulacyjny, 2016
Jan Walulik - co-editor of the issue
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internetowy Kwartalnik Antymonopolowy i Regulacyjny, 2017
Jan Walulik - editor of the issue
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internetowy Kwartalnik Antymonopolowy i Regulacyjny, 2018
Jan Walulik - co-editor of the issue
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OECD/ITF, 2020
The report presents policy options for the successful integration of drones into the transport sy... more The report presents policy options for the successful integration of drones into the transport system. How can countries reap the benefits of drone transport while limiting risks? The report examines concerns about the acceptability, efficiency and sustainability of drone transport. The analysis covers passenger and freight drones with different payloads and ranges, and also addresses other drone uses that support the transport sector.
Authors of the report: Apter, Nathanel; Biermann, Franziska; Coates, Ryan; Cross, Richard; Geister, Dagi; Haas, Larissa; Habán, Tomáš; Han, Jaehyun; Irvine, Peter; Kägi, Marcel; Kim, Yeon Myung; Kleczatsky, Adam; Malaud, Frederic; Metz, Isabel Carole; Ørving, Tale; Pak, Henry; Ponto, Laura; Richter, Andreas; Schechtner, Katja; Scheibenreif, Michael; Seer, Stefan; Straubinger, Anna; Walulik, Jan; Windisch, Elisabeth; Zaß, Stefan.
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http://www.prtl.pl, 2012
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