AVS 254 - Aviation Law - Sources of Intl Av Law P2 PDF

Welcome to AVS 254 Aviation Law Mr. Ramy El-Jabi 1 Abu Dhabi University Today We Create Tomorrow’s Success  Aviation Law Course Schedule Aviation Law – Sources of International Aviation Department of Aviation 2 Law - Part 2 (...

Welcome to AVS 254 Aviation Law Mr. Ramy El-Jabi 1 Abu Dhabi University Today We Create Tomorrow’s Success  Aviation Law Course Schedule Aviation Law – Sources of International Aviation Department of Aviation 2 Law - Part 2 (03b) Fall Semester 2024  Aviation Law Sources of International Aviation Law - Part 2 Aviation Law – Sources of International Aviation Department of Aviation Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Agenda  Definitions and Terminology  Public International Aviation Law  Private International Aviation Law  Domestic Aviation Law Aviation Law – Sources of International Aviation Department of Aviation 4 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Agenda  Definitions and Terminology  Public International Aviation Law  Private International Aviation Law  Domestic Aviation Law Aviation Law – Sources of International Aviation Department of Aviation 5 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ ‘Five Freedoms’ Agreement ▪ ‘Two Freedoms’ Agreement (IASTA) ▪ Bilateral Air Service Agreements ▪ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 6 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ ‘Five Freedoms’ Agreement ▪ ‘Two Freedoms’ Agreement (IASTA) ▪ Bilateral Air Service Agreements ▪ Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 7 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Development 1914 / Start of WWI  At the beginning of the War in 1914 → Great Britain possessed only 12 military airplanes Aviation Law – Sources of International Aviation Department of Aviation 8 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Development 1918 / End of WWI  Number of aircraft increased dramatically → 22,000 airplanes for the British RAF by the end of the War in 1918  Aircraft were capable of flying significantly increased payloads → higher and further than ever before and at high speeds  Also significant developments in civil aviation → in addition to military aviation developments during the War years Aviation Law – Sources of International Aviation Department of Aviation 9 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Development March 1919  First regular international passenger air service → weekly flight between Paris and Brussels  Lignes Aériennes Farman operated between the two cities → flying time of 2 hours 50 minutes Aviation Law – Sources of International Aviation Department of Aviation 10 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Development April 1919  Customs examinations of passengers in Brussels commenced  International mail and cargo air services operations from Paris also began Aviation Law – Sources of International Aviation Department of Aviation 11 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Development August 1919  First private organization of air carriers was formed in the Hague with six European airlines → International Air Traffic Association  This was the precursor to IATA (1945) with similar aims of collaboration between members → to promote the safe and efficient development of international air commerce  IATA’s headquarters are now located in Montreal, Canada Aviation Law – Sources of International Aviation Department of Aviation 12 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Development October 1919  KLM (Royal Dutch Airlines) was formed and began operations  38 nations attended the Paris Convention  Paris Convention 1919 marked the true beginning of intl. aviation law → evident from the desire of governments throughout the world to systematically control aviation at the very dawn of airline operations Aviation Law – Sources of International Aviation Department of Aviation 13 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ ‘Five Freedoms’ Agreement ▪ ‘Two Freedoms’ Agreement (IASTA) ▪ Bilateral Air Service Agreements ▪ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 14 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Paris Convention 1919 Paris Convention → Outcome  Paris Convention summary: ✓ Each nation has absolute sovereignty over the airspace overlying its territories and waters ✓ Each nation should apply its airspace rules equally to its own and foreign aircraft ✓ Aircraft of contracting states are to be treated equally in the eyes of each nation's law ✓ Aircraft must be registered to a state → and they possess the nationality of the state in which they are registered Aviation Law – Sources of International Aviation Department of Aviation 16 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Paris Convention 1919 Paris Convention → Outcome  27 of the 38 states present in Paris signed the Convention in October 1919  This marked the enactment of the first multilateral instrument of international aviation law relating to air navigation Aviation Law – Sources of International Aviation Department of Aviation 17 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Paris Convention 1919 Paris Convention → Outcome  The Paris Convention was not accepted by every nation and is no longer in force, BUT… ✓ provided the framework for post-WWI developments and cooperation in international aviation ✓ resolved the issue of air sovereignty ✓ became the basis for the adaption by many nations of their first regulations relating to civil aviation Aviation Law – Sources of International Aviation Department of Aviation 18 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Paris Convention 1919 Paris Convention → Outcome  The Paris Convention also created the first official organization responsible for the international oversight of aviation activities: → La Commission Internationale de Navigation Aérienne ✓ CINA / ICAN  ICAN provided the foundation of today’s technical and safety standards for aviation → which is now the role and function of the ICAO Aviation Law – Sources of International Aviation Department of Aviation 19 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Agenda  Public International Aviation Law ▪ The Development of Public International Aviation Law ▪ The Paris Convention 1919 ▪ The Chicago Convention 1944 ▪ Freedoms of the Air ▪ ‘Five Freedoms’ Agreement ▪ ‘Two Freedoms’ Agreement (IASTA) ▪ Bilateral Air Service Agreements ▪ Multilateral Open Skies Agreements Aviation Law – Sources of International Aviation Department of Aviation 20 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → The Lead Up  First jet engine was developed by end of WWII → following advancements in aircraft design and technology Aviation Law – Sources of International Aviation Department of Aviation 21 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → The Lead Up  Potential of this technology had finally been realized → particularly in times of peace  Need for an international organization to: ✓ regulate international aviation ✓ assist with its future growth and development Aviation Law – Sources of International Aviation Department of Aviation 22 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → The Lead Up  USA called for an international conference in to be held in Chicago in 1944 → following preliminary discussions initiated by the British government earlier that year  The intention was to establish post-war civil aviation arrangements and institutions  USA’s objective: ✓ promote the freedom of intl. exchange by removing the restrictions to intl. air travel imposed by absolute air sovereignty Aviation Law – Sources of International Aviation Department of Aviation 23 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Attendees  USA and Britain were the principal parties at the conference  The war in Europe was still six months from being over → none of the ‘opposing’ states were invited or present  USSR was the only notable absentee among the 54 invited states Aviation Law – Sources of International Aviation Department of Aviation 24 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Attendees  955 people attended the conference: ✓ Delegates ✓ Advisors ✓ Aviation experts ✓ Consultants ✓ Secretaries, clerks and stenographers ✓ Press representatives  The conference at that time was the largest international conference ever held in the USA and possibly the world Aviation Law – Sources of International Aviation Department of Aviation 25 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Agenda  The conference agenda included the need to: ✓ Make arrangements for the immediate establishment of provisional world air routes and services → World Air Transportation, Principal Routes of Scheduled Commercial Airlines (1950) Aviation Law – Sources of International Aviation Department of Aviation 26 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Agenda  The conference agenda included the need to: ✓ Establish an interim council to: → collect, record and study data concerning international aviation → make recommendations for its improvement Aviation Law – Sources of International Aviation Department of Aviation 27 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Agenda  Overarching concern of the majority of the conference delegates: ✓ maintaining state sovereignty → same concern expressed at the Paris Convention 25 years earlier  This issue of sovereignty was even more controversial in Chicago → because of the USA’s known liberal position and push towards ‘freedom of the air’ Aviation Law – Sources of International Aviation Department of Aviation 28 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → General Objectives  The general objectives of the conference in terms of promoting international air transportation were twofold: ✓ Economic ✓ Technical Aviation Law – Sources of International Aviation Department of Aviation 29 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → General Objectives  The economic objectives sought to: ✓ Promote the freedom of airspace to nations and airlines ✓ Develop procedures for determining air fares, frequencies, schedules and capacities ✓ Make arrangements for simplifying customs procedures and standardizing visas and other documentation Aviation Law – Sources of International Aviation Department of Aviation 30 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → General Objectives  The technical objectives were concerned with establishing international standards with respect to: ✓ technical standards → licensing of pilots and mechanics → registering and certifying the airworthiness of aircraft ✓ the planning and development of navigational services and facilities ✓ the establishment of standard systems of communication procedures Aviation Law – Sources of International Aviation Department of Aviation 31 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Outcome  Most important contribution of the Chicago Convention: ✓ the almost unanimous agreement over technical matters ✓ the groundwork which led to the establishment of ICAO Aviation Law – Sources of International Aviation Department of Aviation 32 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Outcome  The two opposing positions and philosophies in respect of the economic and commercial aspects were essentially between countries led by: → USA on the one hand → Britain and its former colonial territories on the other  A proposal submitted by the Canadian delegation won the greatest support: → Known as the ‘five freedoms’ Aviation Law – Sources of International Aviation Department of Aviation 33 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Outcome  Chicago Convention summary: ✓ essentially updated and replaced the Paris Convention ✓ world’s most ratified intl. treaty → 193 sovereign states ✓ is the basis of practically all aviation law → both domestic and international ✓ is the reason why we need to study intl. aviation law Aviation Law – Sources of International Aviation Department of Aviation 34 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Public International Aviation Law → Chicago Convention 1944 Chicago Conference → Outcome  Signatories have agreed under intl. aviation law to: → be bound by the technical and operational standards developed by ICAO as detailed in the 19 Annexes to the Convention Aviation Law – Sources of International Aviation Department of Aviation 35 Law - Part 2 (03b) Fall Semester 2024  Sources of International Aviation Law - Part 2 Questions? Aviation Law – Sources of International Aviation Department of Aviation 36 Law - Part 2 (03b) Fall Semester 2024  Aviation Law Thanks for Your Attention Aviation Law – Sources of International Aviation Department of Aviation Law - Part 2 (03b) Airbus A320 | Fall Semester 2024