Competency Framework for Civil Aviation Legal Advisers: A Way Forward

• Published in: The Air and space lawyer Vol. 35; no. 2; pp. 4 - 18
• Main Author: Abeyratne, Ruwantissa
• Format: Journal Article
• Language: English
• Published: Chicago American Bar Association 01.04.2023
• Subjects: Aeronautics; Air law; Air safety; Air transportation; Air travel; Aircraft accidents & safety; Airports; Civil aviation; Consultants; Digital technology; Environmental protection; Equivalence; Illinois; Professional development; Regulation; Regulations; Rule of law; Security; Training; Treaties; Illinois
• ISSN: 0747-7449; 2163-0216

Some States had listed for the Legal Commission of the Assembly's consideration a working paper suggesting a framework detailing the enhancement of competency for civil aviation legal advisers.1 The intent of the working paper was to provide a framework that would "assist civil aviation authorities and their equivalents in the recruitment, training, and professional development of civil aviation legal advisers"-with a view toward "strengthening] and enhancing] their competencies, capabilities, and capacities for supporting their organizations and States in [performing] regulatory and other functions, in particular, in the areas of aviation safety and security oversight, aviation environmental protection, the implementation of air law treaty obligations, and the updating of national laws and regulations. [...]civil aviation lawyers must trust and value the expertise and knowledge they have and be able to identify observations that are relevant and important to the future of the entities they represent. The Proposed Framework The working paper's proposed framework starts on a sound footing by addressing the inherent legal function of a civil aviation legal adviser, i.e., to be well-versed in the more common functions and responsibilities of civil aviation authorities (CAAs) and their equivalents, such as aviation safety and security oversight and regulation, air services negotiations and air traffic rights allocation, formulation and updating of national laws and regulations to give effect to ICAO Standards and Recommended Practices (SARPs), and national policies and regulatory requirements, [and] regulatory enforcement.9 Secondly, the framework addresses the "implementation of air law treaties"; the representation by civil aviation lawyers of "their respective State and/or organization"; and their participation "in the ICAO Legal Committee and/or its subcommittees, working groups or other groups and other fora at [an] international, regional or national level on work in the legal field. "11 As for eligibility requirements, the proposed framework suggests that in order for a legal adviser to successfully support his or her CAA in implementing air law treaties, "formulating] and "updating] national laws and regulations," "supporting] regulatory oversight activities," and "contribut[ing] to adherence to the rule of law," the legal adviser must essentially be a qualified lawyer, holding a law degree (which need not [necessarily] be an aviation law degree) or equivalent professional qualification, and acquire relevant and sufficient knowledge and competencies in air law and other relevant laws, including through on-the-job training, research and work, and [attend] ICAO seminars and workshops, the ICAO International Air Law Course, the Civil Aviation Legal Advisers Forum (CALAF) and other similar events and courses.12 Furthermore, legal advisers must "not only know the relevant law and treaties and/or be able to acquire such knowledge and the related experience, but also [be conversant with] the various aviation regulatory and operational domain areas and contexts.