Aviation law

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Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations.

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In the United States and in most European nations, aviation law is considered a federal or state-level concern and is regulated at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to federal laws and case law for this function instead. For example, in 2008, The United States Court of Appeals for the Second Circuit struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. [1] Aviation law, however, is not in the United States held under the same federal mandate of jurisdiction as admiralty law; that is, while the United States Constitution provides for the administration of admiralty,[ citation needed ] it does not provide such for aviation law. States and municipalities do have some indirect regulation over aviation. For example, zoning laws can require an airport to be located away from residential areas, and airport usage can be restricted to certain times of day. State product-liabilities law are not pre-empted by federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products.[ citation needed ]

Space law, which governs matters in outer space beyond the Earth's atmosphere, is a relatively new area with the Outer Space Treaty in 1967.

History

Roman law and other ancient land systems generally granted all rights in airspace to the owner of the underlying land. The first law specifically applicable to aircraft was a local ordinance enacted in Paris in 1784, one year after the first hot air balloon flight by the Montgolfier brothers. Several court cases involving balloonists were tried in common law jurisdictions during the 19th century. [2]

Development of public international law

Balloons were used in the Franco-German War of 1870–71, and the First Hague Conference of 1899 set a five-year moratorium on the use of balloons in combat operations, which was not renewed by the Second Hague Conference (1907). Prior to World War I, several nations signed bilateral agreements regarding the legal status of international flights, and during the war, several nations took the step of prohibiting flights over their territory. Several competing multilateral treaty regimes were established in the wake of the war, including the Paris Convention of 1919, Ibero-American Convention (1926) [3] and the Havana Convention (1928). [4] The International Air Transport Association (IATA) was founded in 1919 in a conference at The Hague, to foster cooperation between airlines in various commercial and legal areas. [2]

The lack of uniformity in international air law, particularly with regard to the liability of international airlines, led to the Warsaw Convention of 1929.

The Chicago Convention on International Civil Aviation was signed in 1944, during World War II. It provided for the establishment of the International Civil Aviation Organization as a unit of the United Nations devoted to overseeing civil aviation. The convention also provided various general principles governing international air service.

The Tokyo Convention of 1963 enacted new international standards for the treatment of criminal offenses on or involving aircraft. The Montreal Convention of 1999 updated the carrier liability provisions of the Warsaw Convention, while the Cape Town Treaty of 2001 created an international regime for the registration of security interests in aircraft and certain other large movable assets.

Development of national regulations

United Kingdom

The United Kingdom enacted the Air Navigation Act 1920, which formed the basis of aviation regulation in the United Kingdom and its colonies.

Communist bloc

The Russian Soviet Federative Socialist Republic declared sovereignty over its airspace and enacted basic aviation regulations in 1921, forming a state-owned Civil Air Fleet in 1923 which became known as Aeroflot in 1932. Other communist states followed a similar pattern in establishing state-controlled entities for civil aviation, such as the Civil Aviation Administration of China in the People's Republic of China and Interflug in East Germany.

United States

In the United States, the Air Mail Act of 1925 and the Civil Aeronautics Act of 1938 formed the early basis for regulation of domestic air transportation. The United States established a Federal Aviation Agency in 1958, which became the Federal Aviation Administration, a unit of the newly formed United States Department of Transportation, in 1967. The Airline Deregulation Act of 1978 was a watershed in the U.S. air transportation industry, and it greatly increased the regulatory workload of the FAA as new operators were allowed to apply for operating certificates. [5]

Japan

Japan enacted a legal regime governing civil aviation in 1952, after a brief moratorium during the occupation that followed World War II. While the early domestic air travel market was lightly regulated and highly competitive, the government implemented a regulation system in 1970 which limited service to three carriers (Japan Airlines, All Nippon Airways and Japan Air System), with largely separate markets and strictly regulated fare levels that minimized competition. Pressure from the United States, which sought to introduce new U.S. carriers to the transpacific market in the 1980s, led Japan to gradually deregulate its market in the form of cheap packaged-tour fares and an increased international role for ANA in the 1980s and 1990s, followed by the advent of new domestic carriers such as Skymark Airlines and Air Do. [6]

Notable aviation lawyers

Notes

    Related Research Articles

    <span class="mw-page-title-main">International Civil Aviation Organization</span> Specialised agency of the United Nations

    The International Civil Aviation Organization is a specialized agency of the United Nations that coordinates the principles and techniques of international air navigation, and fosters the planning and development of international air transport to ensure safe and orderly growth. The ICAO headquarters are located in the Quartier international de Montréal of Montreal, Quebec, Canada.

    A common carrier in common law countries is a person or company that transports goods or people for any person or company and is responsible for any possible loss of the goods during transport. A common carrier offers its services to the general public under license or authority provided by a regulatory body, which has usually been granted "ministerial authority" by the legislation that created it. The regulatory body may create, interpret, and enforce its regulations upon the common carrier with independence and finality as long as it acts within the bounds of the enabling legislation.

    The Convention for the Unification of certain rules relating to international carriage by air, commonly known as the Warsaw Convention, is an international convention which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward.

    <span class="mw-page-title-main">International Air Transport Association</span> International trade association for airlines

    The International Air Transport Association is a trade association of the world's airlines founded in 1945. IATA has been described as a cartel since, in addition to setting technical standards for airlines, IATA also organized tariff conferences that served as a forum for price fixing.

    Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.

    <span class="mw-page-title-main">Aviation accidents and incidents</span> Aviation occurrence involving serious injury, death, or destruction of aircraft

    An aviation accident is defined by the Convention on International Civil Aviation Annex 13 as an occurrence associated with the operation of an aircraft, which takes place from the time any person boards the aircraft with the intention of flight until all such persons have disembarked, and in which (a) a person is fatally or seriously injured, (b) the aircraft sustains significant damage or structural failure, or (c) the aircraft goes missing or becomes completely inaccessible. Annex 13 defines an aviation incident as an occurrence, other than an accident, associated with the operation of an aircraft that affects or could affect the safety of operation.

    The freedoms of the air, also called five freedoms of air transport, are a set of commercial aviation rights granting a country's airlines the privilege to enter and land in another country's airspace. They were formulated as a result of disagreements over the extent of aviation liberalisation in the Convention on International Civil Aviation of 1944, known as the Chicago Convention. The United States had called for a standardized set of separate air rights to be negotiated between states, but most other countries were concerned that the size of the U.S. airlines would dominate air travel if there were not strict rules. The freedoms of the air are the fundamental building blocks of the international commercial aviation route network. The use of the terms "freedom" and "right" confers entitlement to operate international air services only within the scope of the multilateral and bilateral treaties that allow them.

    The Montreal Convention is a multilateral treaty adopted by a diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's regime concerning compensation for the victims of air disasters. The Convention attempts to re-establish uniformity and predictability of rules relating to the international carriage of passengers, baggage and cargo. Whilst maintaining the core provisions which have served the international air transport community for several decades, the treaty achieves modernization in a number of key areas. It protects passengers by introducing a two-tier liability system that eliminates the previous requirement of proving willful neglect by the air carrier to obtain more than US$75,000 in damages, which should eliminate or reduce protracted litigation.

    <span class="mw-page-title-main">Private pilot licence</span> Type of pilot license

    A private pilot licence (PPL) or private pilot certificate is a type of pilot licence that allows the holder to act as pilot in command of an aircraft privately. The basic licence requirements are determined by the International Civil Aviation Organization (ICAO), but implementation varies from country to country. According to ICAO, an applicant must be at least 17 years old, demonstrate appropriate knowledge and skill, and hold at least a Class 3 medical certificate. Different PPLs are available for different categories of aircraft, such as aeroplane, helicopter, airship, etc, and are not interchangeable, although experience from a PPL in one category may be credited towards the issue of another.

    <span class="mw-page-title-main">Convention on International Civil Aviation</span> International treaty that established the ICAO

    The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating international air travel. The Convention establishes rules of airspace, aircraft registration and safety, security, and sustainability, and details the rights of the signatories in relation to air travel. The convention also contains provisions pertaining to taxation.

    Pilot licensing or certification refers to permits for operating aircraft. Flight crew licences are issued by the civil aviation authority of each country, which must establish that the holder has met minimum knowledge and experience before issuing licences. The licence, along with the required class or type rating, allows a pilot to fly aircraft registered in the licence issuing state.

    <span class="mw-page-title-main">Aircraft registration</span> Registration and identification assigned to an individual aircraft by civil aviation authorities

    An aircraft registration is a code unique to a single aircraft, required by international convention to be marked on the exterior of every civil aircraft. The registration indicates the aircraft's country of registration, and functions much like an automobile license plate or a ship registration. This code must also appear in its Certificate of Registration, issued by the relevant civil aviation authority (CAA). An aircraft can only have one registration, in one jurisdiction, though it is changeable over the life of the aircraft.

    The Paris Convention of 1919 was the first international convention to address the political difficulties and intricacies involved in international aerial navigation. The convention was concluded under the auspices of the International Commission for Air Navigation. It attempted to reduce the confusing patchwork of ideologies and regulations which differed by country by defining certain guiding principles and provisions, and was signed in Paris on 13 October 1919.

    The International Aviation Safety Assessment Program is a program established by the U.S. Federal Aviation Administration (FAA) in 1992. The program is designed to evaluate the ability of a country's civil aviation authority or other regulatory body to adhere to international aviation safety standards and recommended practices for personnel licensing, aircraft operations and aircraft airworthiness.

    The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century is a United States federal law, signed on 5 April 2000, seeking to improve airline safety. It is popularly called "AIR 21," and is also known as Public Law 106-181.

    <span class="mw-page-title-main">Air operator's certificate</span> Approval by civil aviation authorities to operate aircraft for commercial purposes

    An air operator's certificate (AOC) is the approval granted by a civil aviation authority (CAA) to an aircraft operator to allow it to use aircraft for commercial purposes. This requires the operator to have personnel, assets and systems in place to ensure the safety of its employees and of the flying public. The certificate lists the approved aircraft types, each registration number approved to fly, the approved flying purpose and in what area the holder may operate.

    Medical certifications for aircraft pilots are specified by the International Civil Aviation Organization (ICAO). ICAO sets standards and recommended practices (SARPS), which are specified in Annex 1 to the Convention on International Civil Aviation.

    <span class="mw-page-title-main">Aerolíneas Argentinas Flight 386</span> 1992 Cholera outbreak

    On 14 February 1992, food contaminated with cholera was distributed to the passengers on Aerolíneas Argentinas Flight 386, sometimes referred to as the Valentine's Day flight. One of the passengers died from the illness.

    A civil aviation authority (CAA) is a national or supranational statutory authority that oversees the regulation of civil aviation, including the maintenance of an aircraft register.

    The Hague Protocol, officially the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, is a treaty signed on September 28, 1955, in The Hague. It serves to amend the Warsaw Convention. While officially the Hague Protocol is intended to become a single entity with the Warsaw Convention, it has only been ratified by 137 of the original 152 parties to the Warsaw Convention. The binding version of the treaty is written in French, but certified versions also exist in English and Spanish. The official depository of the treaty is the Government of Poland.

    References

    1. "Air Transport v. Cuomo, 520 F.3d 218 | Casetext Search + Citator". casetext.com. Retrieved 10 August 2023.
    2. 1 2 Sand, Peter H. "An Historical Survey of International Air Law Before the Second World War" (PDF). McGill Law Journal. 7 (1): 24–42. Archived from the original (PDF) on 5 March 2016. Retrieved 17 March 2015.
    3. "The Ibero-American Convention, ICAO History". Archived from the original on 22 February 2017. Retrieved 27 August 2016.
    4. "The Havana Convention, ICAO History". Archived from the original on 10 January 2017. Retrieved 27 August 2016.
    5. "History". Federal Aviation Administration. Retrieved 17 March 2015.
    6. Alexander, Arthur J. (26 May 2000). "JAPAN'S AVIATION INDUSTRY: DEREGULATION ADVANCES ON BROAD FRONT". Japan Economic Institute Report (21). Retrieved 17 March 2015.