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.
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, a court[which?] recently[when?] struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern.[citation needed] 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,[a][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 rather new[when?] area of law but one that already has its own journals and academic support.[citation needed] Much of space law is connected to aviation law.[citation needed]
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.[1]
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)[2] and the Havana Convention (1928).[3] 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.[1]
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 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.
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.
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.[5]
^"History". Federal Aviation Administration. Retrieved 17 March 2015.
^Alexander, Arthur J. (26 May 2000). "JAPAN'S AVIATION INDUSTRY: DEREGULATION ADVANCES ON BROAD FRONT". Japan Economic Institute Report (21). Retrieved 17 March 2015.
March 16, 2023
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This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Aviation law news newspapers books scholar JSTOR April 2015 Learn how and when to remove this template message The examples and perspective in this article may not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate December 2010 Learn how and when to remove this template message Learn how and when to remove this template message 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 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 a court which recently when struck down New York s Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern citation needed 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 a 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 rather new when area of law but one that already has its own journals and academic support citation needed Much of space law is connected to aviation law citation needed Contents 1 History 1 1 Development of public international law 1 2 Development of national regulations 1 2 1 United Kingdom 1 2 2 United States 1 2 3 Communist bloc 1 2 4 Japan 2 Notable aviation lawyers 3 Notes 4 ReferencesHistory EditRoman 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 1 Development of public international law Edit 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 2 and the Havana Convention 1928 3 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 1 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 Edit United Kingdom Edit The United Kingdom enacted the Air Navigation Act 1920 which formed the basis of aviation regulation in the United Kingdom and its colonies United States Edit Main article United States government role in civil aviation 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 4 Communist bloc Edit 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 Japan Edit 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 5 Notable aviation lawyers EditKenneth Beaumont Stephen Latchford Mary SchiavoNotes Edit i e by an interpretation of the Seventh Amendment to the United States Constitution citation needed References Edit a b 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 The Ibero American Convention ICAO History The Havana Convention ICAO History History Federal Aviation Administration Retrieved 17 March 2015 Alexander Arthur J 26 May 2000 JAPAN S AVIATION INDUSTRY DEREGULATION ADVANCES ON BROAD FRONT Japan Economic Institute Report 21 Retrieved 17 March 2015 Retrieved from https en wikipedia org w index php title Aviation law amp oldid 1139590814, wikipedia, wiki, book, books, library,
