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AVIATION LAWS AND REGULATIONS
Aviation Law is one of the subfields of law that deals with the regulation of aircraft. This field’s unique qualities and needs are taken into account by air law, a broad approach to the subject. There is no regulatory organization that has the legal authority to set international air rules, or there is no international law to manage the air. A system of tacit and formal agreements between the countries is known as Air Law. Conventions are the term for these agreements. As many as a dozen conferences are held each year throughout the world. Let’s take a closer look at the legislation governing aviation. This discipline of law addresses legal and commercial issues related to air transportation (Hong, 2018). A set of guidelines governing the use of airspace by aircraft to maximize safety and efficiency while also benefiting the general public and other countries. Around 1910, as German air balloons frequently infringed on French territory, an effort was made to establish an air law.
Aviation law has some overlap with admiralty law, and because of the worldwide aspect of air transport, most of it is considered a subject of international law. However, aviation law also governs the commercial elements of airlines and their regulation. Air travel’s legal and commercial elements, such as air traffic rights, aviation safety and security, airline economic restrictions, and the management of airports, are governed by aviation law. Aviation law is regulated by the International Civil Aviation Organization (ICAO), which acts as a kind of international arbitrator in the international arena (Legal,House, & Heath, 2018).
Because of federal law and court judgments, states are not allowed to actively control aviation issues in the United States. Due to the federal nature of aviation, a New York court recently found the state’s Passenger Bill of Rights illegal (To be clear, although the United States Constitution specifies a federal role for admiralty law, it omits any mention of an aviation law equivalent. Aviation is regulated indirectly by states and municipalities.
National Law of Aviation
The bulk of aviation legislation is administered at the federal or state level, with some assistance from the International Civil Aviation Organization (ICAO). (FAA in the United States and the European EASA in Europe are the world’s two main aviation authorities. All new aircraft in the world must be certified by one of these two organizations. Civil aviation in other nations is governed by a National Aviation Authority (NAA). The FAA and EASA have a wide range of duties, ranging from enforcing airworthiness regulations to controlling flight operations. “Maintaining aircraft and equipment; licensing pilots and maintenance professionals; certifying airports; and issuing guidelines for air traffic management are just some of the other tasks that the FAA has to ensure the safety of airplanes” (Kluwer et al., 2019). It has become more common for aviation lawyers to defend those who have been accused of breaking statutory aviation laws.
Aircraft navigation and maintenance, air traffic control safety, and pilot licensing restrictions all come under the umbrella of aviation laws. The Federal Aviation Administration enforces most aviation laws and standards (FAA). Airline passenger safety is also regulated by the “Transportation Security Administration (TSA)” and the “National Transportation Safety Board”.
Additionally, the nations’ rules through which an aircraft travels apply to international flights. In terms of aviation regulations, states have little power to enact legislation. Local airports may set their hours of operation and noise levels in accordance with local zoning rules that do not conflict with federal legislation.
International Airspace
International law normally recognizes both the airspace over land and the airspace over a country’s territorial waters as belonging to the country’s sovereign airspace. 12 nautical miles is the maximum distance a country’s territorial waters may stretch from its coast. Airspace that does not lie inside a country’s boundaries is referred to as international airspace.
When it comes to flying internationally, there has to be a common set of rules and regulations. The free flow of international aviation traffic is hindered by a patchwork approach. “The International Civil Aviation Organization” was founded as a result of the Chicago Convention (ICAO). Ideas and methods for international air navigation will be improved, and international air transportation will be supported. Standards for international air travel are overseen by the “United Nations’ International Civil Aviation Organization” (ICAO).
The ICAO has three divisions. Meeting every three years, the Assembly is a representative group tasked with assessing the ICAO’s progress, formulating policy directives, approving the organization’s budget, and electing representatives to the ICAO Council, which makes rules for the organization. It is up to the Assembly to approve any changes to the Chicago Convention, which each Member State must ratify before they may take effect.
Secretariat is ICAO’s executive branch, responsible for carrying out Assembly-approved policies. “Air Navigation Bureau, Air Transport Bureau, Technical Co-Operation Bureau, Legal Bureau, and Bureau of Administration and Services” make up the five sections of the agency, which is led by a Secretary General (Hodgkinson, & Johnston, 2018). Implementing safety and environmental regulations, as well as monitoring the ICAO’s Standards and Recommended Practices, are handled by the several bureaus that comprise the organization (SARPs).
The air is divided into five distinct freedoms. In addition to the three commercial freedoms, there are two additional technological freedoms: To exercise this privilege, an aircraft from State A may fly directly over the territory of State B without having to make an approach or landing. 2) The right of an airplane from one country to land in another country for technical reasons is known as the Second Freedom (Hodgkinson, & Johnston, 2018).
A plane from State A may accept paying traffic from State A and set it down in State B, under the Third Freedom. State A aircraft may pick up paying traffic in State B and land in State A under the Fourth Freedom. The right of airplanes from one state to transport paying passengers from another state to a third state is known as the “fifth freedom.”
Conclusion
This field’s unique qualities and needs are taken into account by air law, which is a broad approach to the subject. As soon as a discrepancy between an international norm and a state’s national practice is discovered, the Council must immediately notify all other governments of the disparity. Public transportation depends on limited resources, such as those found on the Earth’s surface. Due to its dependence on limited resources such as fuel, aviation cannot be considered long-term sustainable. Over vast distances, today’s aircrafts are benefiting from the most advanced technologies. Air travel is becoming more popular across the globe as people’s quality of living improves. Society and the environment must bear the cost, and certain inconveniences like noise, pollution, and resource use must be accepted. In terms of aviation’s environmental impact, noise is the most pressing issue.
People who live near airports are exposed to communication interference, sleeplessness, and hearing because of the noise pollution. At addition to affecting students’ ability to study, the noise also has a negative influence on patients in adjacent hospitals. At least 10,000 feet above the earth, the aircraft does not make a substantial amount of noise. To a large part, aircraft engines run on the combustion of gasoline. As a result of emissions from burning gasoline, the air quality within a few kilometers of the airport is dramatically reduced. The air quality is hindered by the fact that the plane is 3 kilometers above the ground during takeoff and 6 kilometers below the ground at .
References
Dempsey, P. S. (2021). Introduction to Aviation Law.
Hodgkinson, D., & Johnston, R. (2018). Aviation law and drones: Unmanned aircraft and the future of aviation. Routledge.
Hong, C. C. (2018). An Inquiry into the Legal Considerations for Passenger Mental Injuries in International Aviation Laws. International Journal of Education, Culture and Society, 3, 19.
Kluwer Law International BV. Larsen, P. B., Sweeney, J., & Gillick, J. (2019). Aviation law: Cases, laws and related sources
Legal, W. K., House, R., & Heath, H. (2018). ISSN 0927-3379© 2018 Kuwer Law International BV, The Netherlands.
Naboush, E., & Alnimer, R. (2020). Air carrier’s liability for the safety of passengers during COVID-19 pandemic. Journal of air transport management, 89, 101896.
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