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

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TimeHonoredGreekArt

Uploaded by TimeHonoredGreekArt

Abu Dhabi University

2024

Ramy El-Jabi

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Aviation Law International Aviation Public International Law

Summary

This document is part of a course on Aviation Law, covering the sources of international aviation law. It has course schedule information, international aviation law development, topics, and questions. The document is from Fall Semester 2024 at Abu Dhabi University.

Full Transcript

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

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