Aviation Management International Air Law - Aviation Management

What is Aviation Law?

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.

What is Air Law?

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.

Public International Air Law: Chicago Convention

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 -

  • Development and growth of a well-organized international civil aviation world-wide.
  • To maintain peace, aircraft design and operations have to be maintained.
  • Airports, airways and the air navigation facilities have to be developed.
  • All the needs of the people with respect to safety, regularity, efficiency and the economic air transport have to be met.
  • The economic decisions that are not planned have to be prevented and the waste has to be reused.
  • Facilitate all the states involved in the contract to operate the international airlines.
  • In the international air transport, flight safety has to be ensured.
  • All the aspects associated with the International Civil aviation has to be developed faster.

Air Law in European Union

The Air Laws with respect to the European Union are as follows -

  • Sovereignty – By sovereignty the state has been provided with all the national laws with respect to the airspace users.
  • Territory – Within the state boundaries, the airspace that is being covered is known as territory. For the states which have surrounded by sea, the boundaries extend beyond the land and will reach till the agreed levels of the water.

What are the different International Air Laws?

The different International Air Laws are as follows –

Public International Law

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.

Private International Law

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 Law

Supranational laws are formulated for the higher bodies to monitor the different states. The examples of such laws are European Air Laws.

What is IOSA and its Importance?

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.

IOSA

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.

What is International Civil Aviation Organization (ICAO)?

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.

ICAO Structure

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.

What are the different freedoms of the Air?

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.

  • First Freedom – This freedom allows the flight of a particular state to fly over the other state without landing on that state.
  • Second Freedom – This freedom allows the aircraft of a particular state to land in other state due to some of the technical issues.
  • Third Freedom – This freedom allows the aircraft of a particular state to accept the traffic payment and forward the same to the other state.
  • Fourth Freedom – This freedom allows the aircraft of a particular state to accept the traffic from another state and forward the same to the initial state.
  • Fifth Freedom – This freedom allows the aircraft of a particular state to pick up the traffic from another state and place them in a third state.

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