Aviation law
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Aviation law is the branch of
In the United States and in most
Space law, which governs matters in outer space beyond the Earth's atmosphere, is a relatively new area with the Outer Space Treaty in 1967.
History
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.[2]
Development of public international law
Balloons were used in the
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
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.
Communist bloc
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.
United States
In the United States, the
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.[6]
Notable aviation lawyers
- Kenneth Beaumont
- Stephen Latchford
- Mary Schiavo
Notes
References
- ^ "Air Transport v. Cuomo, 520 F.3d 218 | Casetext Search + Citator". casetext.com. Retrieved 10 August 2023.
- ^ 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". Archived from the original on 22 February 2017. Retrieved 27 August 2016.
- ^ "The Havana Convention, ICAO History". Archived from the original on 10 January 2017. Retrieved 27 August 2016.
- ^ "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.