Air Laws & Regulations PDF

Air Laws & regulations Prepared by Salma El-Tahan 1  The word law - in its broad sense - does not only mean the legal rules governing human behavior in a particular society, but the word law in language means the constant and constan...

Air Laws & regulations Prepared by Salma El-Tahan 1  The word law - in its broad sense - does not only mean the legal rules governing human behavior in a particular society, but the word law in language means the constant and constant relationship between various cosmic phenomena repeatedly such as the succession of night and day, the law of gravity and buoyancy in physics, and the law of supply and demand in economics and this It is the broad meaning of law. The origin of the word law is derived from the Greek word (Kanun), meaning its straight stick, and it was LAW used to refer to integrity, discipline and order, then it moved from Greek to Persian with the same word "Canon" in the sense of the origin of the thing and its measurement, then it was localized to take both meanings, basis and order 2  Set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt Definition alternative ways of resolving disputes to standard court litigation. The word law can be allocated to a specific region, such as the Egyptian law and the Jordanian law.. It can also be allocated to a specific activity such as the labor law, the trade law, and the investment law.. It can also be allocated to the subject it regulates, such as the universities law, the law of the judiciary... etc. 3  The source of the law is the legislation issued by the legislative authority in the state, and custom represents the customs familiar to individuals in society believing in their obligation to follow, and the rules of justice established in the human conscience and not sources of law related to a specific society or a specific time such as the rule of justice between people, and equality between opponents And that it is not permissible for a person to be an adversary and a ruler at the same time, and not to conceal testimony, and that the evidence is for the one who claimed, while the source of the debt is from God Almighty 4  Which is issued by the laws of the legislative authority or the parliament, and there is also the supreme legislation is the Constitution issued by the Constituent Assembly and approved by the people, which is higher than ordinary legislation or law and falls within the legislation regulations, which is lower than ordinary legislation, which is issued by 1. Legislation The executive authority is intended to enforce the law. Therefore, it is not permissible to apply to the regulations the pronunciation of legislation in order to differ from each other in terms of both the legal nature and the degree of supremacy. 5  which is accustomed to people in their transactions and believed that it is binding on the condition that it is consistent with public order and morals in the state, and show its importance 2.Customs in particular in the area of ​commercial transactions, personal status and labor law. 6  which are derived from the book and the Sunnah, such as the principle that the evidence of the claimed and the right to deny, and equality between the adversaries, and the lack of secrecy 3.principles of Islamic law of the certificate, and write a bond of religion, and fulfill the covenants, and rule among people justly 7  which is the principle established in the human conscience, such as the inadmissibility of being an adversary and the rule at the same 4. The principles of time and that fraud corrupts natural law and the rules everything and that the defaulting of justice party may not benefit from its default...... Etc. 8 Air Law 9  Aviation law is not an easy subject to learn because a great deal of information has to be absorbed and committed to memory. We’ve tried to make it as easy as possible by including many illustrations and, in the multimedia edition, a number of video sequences. But there is a lot to learn and you must study carefully. Air law refers to the body of regulations, agreements, and conventions that govern civil aviation and the use of airspace. It encompasses a wide range of topics, including: Aircraft Operations: Rules for the operation and maintenance of aircraft. Air Traffic Control: Regulations that ensure safe and efficient movement of aircraft in the air and on the ground. International Treaties: Agreements like the Chicago Convention Definition that establish standards for international air travel and the rights of nations over their airspace. Aviation Safety: Laws governing safety standards for aircraft design, manufacturing, and operation. Liability and Insurance: Regulations regarding liability in case of accidents and requirements for insurance coverage. 10 Features of Air Law 11  Aviation is carried out in most of the time in different countries, which makes it international. The plane roams in a variety of atmospheres, and it has a certain nationality, and therefore international treaties have been established to regulate aviation. International legislation "that is, treaties and agreements as well as air agreements" in Aviation law is earlier than 1 - The aviation law is national legislation. And the matter ended of an international up with the creation of an international body called the International Civil Aviation character Organization "ICAO" and coordinates all civil aviation affairs between the member states of the organization, as well as the International Air Transport Association "IATA" and is concerned with the affairs of Airlines. 12  The air law is newly established in relation to its comparison with other laws, in view of the novelty of the air transport instrument itself, which is the plane, which does not exceed a century old while the ship is more than a thousand years old, and then the maritime law was The air law, which is still 2- The Air Law in the stage of formation and development, is even earlier than evolving first and is a newly according to the development of the flying established law instrument. Therefore, air exploitation is in need of new laws consistent with its nature and the circumstances surrounding it. 13  Due to the danger of air activity on the life and security of the human being, therefore the air law has a regulatory nature and its texts are binding in order to accurately regulate all issues of air transport, airport construction, technical specifications for it, its management, 3- The air law is air navigation and plane monitoring, and its the source of the suitability to fly. The Egyptian legislator has enacting issued a civil aviation law, which is similar to other laws, such as the penal code, labor law, legislation etc. Therefore, the role of custom is very limited in setting the legal rules related to air law, unlike other laws.. 14  Air law is in constant and continuous development because it is linked to the rapid developments in the air transport industry for people and goods, and the development of the aircraft industry, which results from international treaties and conventions of the 4-Flexibility and enactment of rules relating to the codification development and regulation of air transport and air navigation and other topics of air law, Unlike other static laws, such as the Civil Code, which has not been amended since its enactment in 1948 to date. 15  A side of the jurists tended to say that the air law is a branch of the law of maritime trade due to the existence of a similarity between the air and maritime law in terms of the risks to 5- The subjectivity the transport process, but this statement is and independence returned to him that the air law has its of the air law independence It has its own nature and nature that has made it an independent law alongside other laws. 16 SOURCES of Air Law 17  The Vienna Convention of 1969 on the Law of Treaties defined the treaty as: “an international agreement concluded in writing between two or more countries and subject to the rules of international law whether it was made in one or more documents and whatever name is given to it.” And if the Vienna Convention defined the treaty as an agreement It takes place between two or more countries. In this regard, agreements between states and international organizations are not excluded from international treaties. Rather, they have considered them as well in Definition of the Article Three of the same agreement. An example is International Treaty the Montreal Agreement of 1966 between the International Federation of Air Transport Companies "IATA" and the United States of America. that A treaty can be defined as an agreement concluded in writing between two or more persons of international law and subject to its provisions whatever the name given to it and aims to arrange specific legal implications. 18  o Chicago Convention (1944): Establishes the framework for international civil aviation and the International Civil Aviation Organization (ICAO) – 1- International o Montreal Convention (1999): Regulates Treaties and international air carrier liability for Conventions: passengers, baggage, and cargo- 19  o Each country has its own laws and regulations governing civil aviation, often based on international standards but tailored to national needs. These can include laws on aircraft registration, air traffic control, and safety regulations such as o the Egyptian Civil Aviation Law: 2- National The Civil Aviation Law No. 28 of 1981 (amended by Law 136 of 2010) brought Legislation together its two hundred and sixty-seven articles that were distributed to fifteen chapters 20  o 4- Regulatory Authorities: o National aviation authorities (e.g., the Federal Aviation Administration (FAA) in the U.S., the European Union Aviation Safety Agency (EASA)) issue regulations and guidelines that must be followed by aviation operators. o 5-Judicial Decisions: o Court rulings can influence air law by interpreting statutes, treaties, and regulations, setting precedents for future cases. o 6- Industry Standards: Other sources o Organizations such as the International Air Transport Association (IATA) and ICAO develop standards and recommended practices that, while not legally binding, influence aviation operations worldwide- These sources collectively shape the framework of air law, ensuring safety, security, and efficiency in global aviation. 21 Scope of Air Law 22  Chicago Convention (1944): Establishes the framework for international civil aviation, including the formation of the International Civil Aviation Organization (ICAO) to create standards and regulations. Bilateral and Multilateral Agreements: Treaties 1- International between countries that govern air service farmwork agreements, traffic rights, and codeshare arrangements. Civil Aviation Authorities (CAAs): Each country has its own regulatory body (e.g., FAA in the U.S., EASA in Europe) that enforces laws regarding aviation safety, security, and environmental compliance. 2-National Air Traffic Control Regulations: Rules Regulations governing the operation of air traffic control systems, including the management of airspace and flight paths. 23  Controlled and Uncontrolled Airspace: Distinctions between different types of airspace, including rules for navigation, communication, and traffic separation. Airspace Sovereignty: A state’s legal authority 3. Airspace over the airspace above its territory, influencing Classification air navigation and military operations. Certification and Registration: Requirements for aircraft to be certified as airworthy and registered with the appropriate national authority. 4. Aircraft Pilot Licensing: Standards for obtaining and Operations and maintaining pilot licenses, including medical Safety requirements and training. 24  Regulations Post-9/11: Enhanced security measures for passenger screening, cargo inspections, and airport security protocols to mitigate threats. International Security Standards: ICAO's 5. Aviation Annex 17 outlines global security standards that Security member states must implement. Montreal Convention (1999): Governs the liability of airlines for passenger injuries, delays, and lost baggage, establishing compensation limits. 4. 6. Liability and Warsaw Convention: An earlier treaty governing international air carrier liability, which has been Compensation largely superseded but still relevant in some jurisdictions. 25  Regulations on Denied Boarding and Cancellations: Many jurisdictions have laws that protect passengers from overbooking and ensure compensation for cancellations and delays. 7. Passenger Accessibility Laws: Regulations to ensure air Rights travel is accessible to individuals with disabilities. Noise Regulations: Laws aimed at controlling aircraft noise in residential areas around airports, often enforced through land use planning. 8. Environmental Emissions Standards: Requirements for reducing Regulations greenhouse gas emissions from aircraft, influenced by international agreements and national policies. 26  Liability Insurance Requirements: Airlines must carry insurance to cover potential liabilities arising from accidents and passenger injuries. Financial Stability Regulations: Rules to ensure 9. Insurance and airlines maintain a certain level of financial Financial responsibility to protect passengers and the public. Responsibility Arbitration and Mediation: Processes available for resolving disputes between airlines and passengers, or between states regarding airspace rights. 10. Dispute Court Jurisdictions: Frameworks determining Resolution where legal actions can be initiated, often Mechanisms dependent on the nature of the dispute and applicable laws. 27  Airline Licensing: Requirements for airlines to obtain operating licenses and adhere to safety and operational standards. Anti-competitive Practices: Regulations to prevent 11. Commercial Aviation monopolistic practices and ensure Regulations fair competition in the aviation industry. 28 Thank you 29