The aviation law includes all the aspects, special characteristics and demands of the aviation industry. There is no specific body for governing the laws related to the Aviation industry. Neither there is a specific international law. Aviation law is considered as the system of implicit and explicit agreements which are also known as conventions. Some of such conventions are Chicago, Rome, Tokyo, Geneva etc.
All the operations related to the air transport and the related legal and business concerns constitute the Air Law. On the aspects related to the usage of aviation airspace, its associated benefits to the general public and nations are included in the Air Law.
The Air Law was initially formulated in 1910, when the French territory was being trespassed by the German Air balloons. To resolve this problem the Government of France decided that both the governments have to come together and resolve the problem. In accordance with the territories and above the territories, the Paris conference was formulated in 1910.
During the First World War, when the first flight was scheduled from Paris to London, the Air Laws developed further.
In 1944, in view of developing a safe and orderly international civil aviation, some of the principles were developed by the international civil aviation. Fair opportunity for all the participating countries was considered as the main base for ensuring the safety of the international air transport.
This Chicago Convention has led to the formation of the International Civil Aviation Organization (ICAO). This organization was established for setting up some of the principles for the working of the Aviation activities. They are as follows -
The Air Laws with respect to the European Union are as follows -
The different International Air Laws are as follows –
When the different states and the international organizations are being bind together for forming an agreement, such a process is known as Public International Law. These agreements are formed with respect to the solving some of the political, technical, economical, financial, Legal or social issues. Some of the examples of such agreements are Chicago Convention, Geneva Convention and other international conventions.
When private people are involved in maintenance and operations of the aircraft, some specific rules are being formulated, which are considered as the Private International Laws. These laws are applicable to the airline staff and all the travellers. Some of the examples of such laws are Tokyo Convention. This convention involves in prohibiting all the unlawful acts with respect to the aviation.
Supranational laws are formulated for the higher bodies to monitor the different states. The examples of such laws are European Air Laws.
An organized system that is involved in auditing and certifying all the operational management and airline control system is IATA Operational Safety Audit (IOSA).
IOSA was formulated in 2003 and from its inception; it started conducting all the airline audits in accordance with the aviation laws.
The aviations that do not possess the IOSA certificate are considered either as not clearing the process of audit or they have not participated in the auditing process. This audit is involved with huge costs but the airlines which possess the certificate are more reliable. Since the audit costs are very high, only international airlines can be able to bear these costs.
It is observed that the airlines which have cleared the IOSA audit and which has obtained the certification has three times less number of the crash-rate.
The participants of the International Civil Aviation organization include the representatives from the states included in the contract, council of the governing bodies and a secretariat. The main officers include the Council president and the Secretary General. For a period of every three years, meetings are being conducted to formulate the policies.
The convention involved is meant for making amendments for all the standards and recommendations. For providing the air navigation facilities and the on-ground services essential for flying the aircrafts in that particular region, nine different geographical regions have been identified.
Different types of freedoms of air can be categorised into five types. Out of which the first two are the technical freedoms whereas the rest three are the commercial freedoms.
All rights reserved © 2020 Wisdom IT Services India Pvt. Ltd
Wisdomjobs.com is one of the best job search sites in India.