Aviation law
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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. Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of private international law governing the relationships between private entities which operate vessels on the oceans. It is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.
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) provide general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a branch of the United Nations.
Along with the European Aviation Safety Agency, the FAA is one of the two main agencies worldwide responsible for the certification of new aircraft.
In December 2000 an organization within the FAA called the Air Traffic Organization, or ATO, was set up by presidential executive order. This became the Air Navigation Service Provider for the airspace of the United States and for the New York (Atlantic) and Oakland (Pacific) oceanic areas. It is a full member of the Civil Air Navigation Services Organization.
The FAA issues a number of awards to holders of its licenses. Among these are demonstrated proficiencies as a mechanic, an instructor, a 50-year aviator, or as a safe pilot. The latter, the FAA "Wings Program", provides a series of ten badges for pilots who have undergone several hours of training since their last award. A higher level can be claimed each year. For more information see "FAA Advisory Circular 61-91H".
The FAA exercises surprise Red Team drills on national airports annually.
The International Civil Aviation Organization (ICAO), an agency of the United Nations, codifies the principles and techniques of international air navigation and fosters the planning and development of international air transport to ensure safe and orderly growth. European Aviation Safety Agency (EASA) is an agency of the European Union with offices in Cologne, Germany, which has been given specific regulatory and executive tasks in the field of civilian aviation safety. It was created on September 28, 2003, and will reach full functionality in 2008, taking over functions of the JAA (Joint Aviation Authorities).
EASA/JAA differences. The JAA was headquartered at Hoofddorp, near Schiphol Airport, Amsterdam. One difference between EASA and JAA is that EASA has legal regulatory authority within the European Union (EU) through the enactment of its regulations through the European Commission, Council of the European Union and European Parliament, while most of the JAA regulatory products were harmonized codes without direct force of law unless implemented as such by JAA Nations. Also, some JAA nations such as Turkey were outside the EU whereas by definition, EASA is an agency of the EU and other nations adopt its rules are procedures on a voluntary basis.
The ICAO Council adopts standards and recommended practices concerning air navigation, prevention of unlawful interference, and facilitation of border-crossing procedures for international civil aviation.
In addition, the ICAO defines the protocols for air accident investigation followed by transport safety authorities in countries signatory to the Convention on International Civil Aviation, commonly known as the Chicago Convention. See NTSB, TSB, AAIB, BFU, and BEA.
In the United States and most European nations, aviation law is considered a federal or state-level concern and is regulated thereby at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. Aviation law, however, is not in the United States held under the same Federal mandate of jurisdiction as admiralty law; that is, which the United States Constitution provides for the administration of admiralty, it does not provide such for aviation law. Space law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law but one that already has its own journals and academic support. Expectedly, much of space law is connected to aviation law.
See also
- Kenneth Beaumont
- Warsaw Convention
- Hague Protocol
- IATA
- Civil Aviation Authority
- Montreal Convention
- Chicago Convention
- International Aviation Law Institute (IALI)
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