The problem of necessity to comply with International aviationlaw in formulizing the national air transport policy

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National Aviation University

Institute of Economics and Management

Faculty of Management and Logistics

Air Transportation Management Department

Report on course

“Introduction into the Major”

The topic: “The problem of necessity to comply with International Aviation Law in formulizing The National Air Transport Policy”

Completed by student 106 FML Derbunova Karina

Revised by Matiychyk Alyona Mikhaylovna

Kyyiv 2014

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 United States, the Federal Aviation Administration (FAA) governs applied aspects of flight. 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.

The spectacular fast developments in aircraft technology in the beginning of the 20th century, made law-making necessary in this new field of transportation, in peace and in war. In 1910 the first conference on an international air law code took place in Paris. International air law now deals with many topics, such transport responsibility, safety of passengers, airplanes and luggage, airport-regulations, hijacking, air pollution, and aerial warfare.

Aviation is an important global business and a signi?cant driver of the global economy. The Convention on International Civil Aviation signed at Chicago on 7 December 1944, states in its Preamble that whereas the development of civil aviation may help preserve friendship and understanding among the people of the world, yet, its abuse could become a threat to general security. The famous phrase “war on terror” denotes pre-emptive and preventive strikes carried out through applicable provisions of legitimately adopted provisions of legislation. The law plays a signi?cant role in ensuring aviation security.

Because of the international nature of air travel, countries have entered into conventions to standardize the laws regulating airlines. The conventions also set forth the rights of passengers.

The established principle that every nation has complete and exclusive sovereignty over the airspace above its territory was reaffirmed. Every civil aircraft in international aviation must be registered, carry the nationality of the country of registration, and bear appropriate identification markings. The convention granted transit rights (that is, the right to fly over another nation`s territory and the right to land there for nontraffic purposes, such as refueling) and permitted nonscheduled, charter, and private flights.

The important conventions on public international air laws are:

Ш Convention Relating to the Regulation of Aerial Navigation (Paris Convention).

Ш Convention on International Civil Aviation (Chicago Convention).

Ш International Air Services Transit Agreement.

Ш International Air Transport Agreement.

Ш Multilateral Agreement on Commercial Rights of Non-Scheduled Air Services among the Association of South East Asian Nations (ASEAN).

Ш Memorandum of Understanding Between the Governments of Indonesia, Malaysia and Thailand on Expansion of Air Linkages (IMT-GT).

Ш Thai Draft Air Services Agreement.

Ш Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America.

Ш U.S. Model Air Transport Agreement.

Ш General Agreement on Tariffs and Trade.

Ш General Agreement on Trade in Services.

Ш Agreement on Trade in Civil Aircraft.

An International Commission for Aerial Navigation (ICAN) was created under the Paris Convention (1919). Additionally, the Warsaw Convention limits the liability of airlines for accidents on international flights except when the airline engaged in willful misconduct. The Montreal Convention amended the important provisions of the Warsaw Convention's articles regulating compensation for the victims of air disasters.

In 1937, an Inter-American Technical Aviation Conference decided on the creation of a Permanent American Aeronautical Commission (CAPA). The ICAN and CAPA were superseded by the establishment of the International Civil Aviation Organization (ICAO) in 1947 under the 1944 Chicago Convention.

International aviation laws are enforced through a set of institutions. Among them, the International Civil Aviation Organization (ICAO), a branch of the United Nations, provides general rules and mediates international concerns to an extent regarding aviation law. The European Aviation Safety Agency (EASA) is an agency responsible for the certification of new aircrafts. The EASA has specific regulatory and executive tasks in the field of civilian aviation safety. The JAA (Joint Aviation Authorities) represents the civil aviation regulatory authorities of a number of European states who have agreed to cooperate in developing and implementing common safety regulatory standards and procedures. The IAT Association is an international industry trade group of airlines.

International policies are introduced through open skies agreements to liberalize the rules for international aviation markets, minimize government intervention, and to adjust the rules under which military and other state-based flights are permitted.

law international air transport

References

1. http://aviation.uslegal.com/international-aviation-law/#sthash.6enF64Zm.dpuf.

2. http://en.wikipedia.org/wiki/Aviation_law.

3. http://www.aviationwatchindia.com/aviationsafety/weather.

4. Dr. Ruwantissa Abeyratne International Civil Aviation Organization 999 University Street Montreal H3C 5H7, Quebec Canada tabeyratne@icao.int.

5. http://www.mediahex.com/Aviation_Law.

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