Aviation law
Encyclopedia
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
and 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 specialized agency of the United Nations
.
an 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. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. 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.
Also, state products liability law is not preempted by Federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products.
, 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.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
that concerns flight, air travel
Air travel
Air travel is a form of travel in vehicles such as airplanes, helicopters, hot air balloons, blimps, gliders, hang gliding, parachuting or anything else that can sustain flight.-Domestic and international flights:...
, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
and in many cases, aviation law is considered a matter of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
(FAA), governs applied aspects of flight. In the international realm, the International Civil Aviation Organization
International Civil Aviation Organization
The International Civil Aviation Organization , pronounced , , is a specialized agency of the United Nations. It 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...
(ICAO) provide general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
.
United States
In the United States and most EuropeEurope
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an 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. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. Aviation law, however, is not in the United States held under the same Federal mandate of jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
as admiralty law; that is, which the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
provides for the administration of admiralty, it does not provide such for aviation law.
Also, state products liability law is not preempted by Federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products.
Space law
Space lawSpace law
Space law is an area of the law that encompasses national and international law governing activities in outer space. International lawyers have been unable to agree on a uniform definition of the term "outer space," although most lawyers agree that outer space generally begins at the lowest...
, 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
- Cellino and BarnesCellino and BarnesCellino and Barnes is an American law firm, located in Buffalo, New York with offices in Rochester, Manhattan, Long Island, Garden City, and Melville...
- Kenneth BeaumontKenneth BeaumontMajor Kenneth Macdonald Beaumont CBE DSO was a British lawyer, Air Service Corps officer, and figure skater. He made a major contribution to the development of international aviation law.-Early life:...
- Warsaw ConventionWarsaw ConventionThe Warsaw Convention is an international convention which regulates liability for international carriage of persons, luggage or goods performed by aircraft for reward....
- Hague Protocol
- IATA
- Civil Aviation AuthorityCivil Aviation AuthorityThis is a list of national and supra-national civil aviation authorities.-See also:* Air route authority between the United States and the People's Republic of China* National Transportation Safety Board -External links:****...
- Montreal ConventionMontreal ConventionThe Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage by Air, is a treaty adopted by a Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's regime concerning compensation for the...
- Chicago ConventionConvention on International Civil AviationThe Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization , a specialized agency of the United Nations charged with coordinating and regulating international air travel...
- Tokyo ConventionTokyo ConventionThe Convention on Offences and Certain Other Acts Committed On Board Aircraft, commonly called the Tokyo Convention, is an international treaty, concluded at Tokyo on September 14, 1963...
- Ferguson v. NTSBFerguson v. NTSBFerguson v. NTSB , 678 F. 2d 821 is a landmark aviation ruling by the United States Court of Appeals for the Ninth Circuit handed down on June 2, 1982....