International Aviation Law - PDF

INTERNATIONAL
AVIATION

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Chicago Convention.........................................................................................................................1
Chicago’ Convention Annexes........................................................................................................2
Annex 2: Rules of Air.............................................................................................................2
Annex 19- Safety Management..............................................................................................2
State safety oversight.......................................................................................................................3
CE-1. Primary aviation legislation.........................................................................................3
CE-2. Specific operating regulations......................................................................................3
CE-3. State civil aviation system and safety oversight functions..........................................3
CE-4. Technical personnel qualification and training............................................................4
CE-5. Technical guidance, tools and the provision of safety-critical information.................4
CE-6. Licensing, certification, authorization and approval obligations.................................4
CE-7. Surveillance obligations...............................................................................................4
CE-8. Resolution of safety concerns......................................................................................4
Supra-National Regulators...............................................................................................................4
Operator Responsibilities.................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Aviation can be referred to as the sum total of all the activities encompassing mechanical
flights as well as aircrafts sector. Hereby, aircrafts are inclusive of rotary, morphable and fixed
wing types, wingless, balloon, airship etc. (Wan and et. al., 2018).
Across the world, international aviation started within 18th century by the development of
hot air balloon which was seen as an apparatus that had the ability to undergo an atmospheric
displacement by way of buoyancy. Few of the most renowned technological advancements
within the confines of aviation sector emerged with the controlled gliding flying of Otto
Lilienthal within the year 1896. After that, the first power aeroplane was built by Wright Brother
during early of the 1900. With the passage of time since then, aviation sector has evolved a lot
(Wiegmann and Shappell, 2017).
Safety and security of travellers is regarded to be a key component within the
international aviation. Safe conduct of airline operations as well as the training provided to
operators act as the key to ensuring that the air travel takes place in the desired manner.
This forms the base of this project which covers the development of a framework that
ensures safety of travellers at all times.
MAIN BODY
Aviation industry deals with the lives of a large number of people in a single day. This
makes them accountable towards the population regarding their safety and security, as they are
paying off funds for their safe journey. For this, it is essential that operators abide by certain
internationally accepted regulations and carry out the air operations in accordance with the laws
stipulated by statutory bodies. In this regard, to ensure safe conduct of airlines operation, many
legislations, provisions and committees have been duly formed (Weisman, 2012). A formative
discussion is given below regarding how some of the most important of these legislations ensure
safety within aviation sector:-
Chicago Convention
The Convention on International Civil Aviation, well renowned as the Chicago
Convention, created the International Civil Aviation Organisation (ICAO) which is a focused
agency of United Nations having the responsibility to coordinate and regulate worldwide
aviation. ICAO develops rules and regulations for airspace, registration as well as safety of
1

aircrafts and provides an overview of the rights of signatories associated with air travelling.
Safety is at the core of ICAO fundamental objectives as it is an agency that is engaged in
ensuring safety and security of aviation sector (Safety, 2019). It is also engaged in exemption of
air fuels within transit from double taxation. The respective document being signed on December
7, 1944 received ratification on March 5, 1947 and came into effect from April 4, 1947, which
was the same date when ICAO came into being. Thus, this convention is largely engaged in
assurance of safety of air operations with the stipulation of a number of legislations that have to
be taken into account as well as followed by the operators across the globe (Rhoades, 2016).
Chicago’ Convention Annexes
The Chicago’ Convention Annexes have been devised to ensure safety within the
operations of aviation sector. There are a total of 19 annexes laid down by ICAO. Each annex
deals with a specific subject matter associated with the aviation sector (Stolzer, 2017). In this
regard, some of the main annexes along with their standard practices are described as follows:-
Annex 2: Rules of Air
Air travelling should be full of safety. For this, a set of standard globally agreed rules of air
are laid down which need to be followed by all the air operators across the world. These rules
comprise general, instrument flight and visual flight rules that can be applied without any
exception over high seas as well as domestic territories such that these rules don’t contradict the
rules of State being overflown (Todd, 2019).
Annex 19- Safety Management
In relation to HLSC 2010 recommendation 2/5, a new commission of Air navigation
suggested that this new Annex of safety management is formed into two stages which are
described as follows:- Phase 1: It involves a consolidation of present provisions of safety management that
presently contains six different Annexes, into a one new Annex (Roelfsema and et. al.,
2018).
 Phase 2: This phase focuses upon developing enhanced and increased requirements that
will b applicable after phase 1.
2

State safety oversight
Safety oversight can be referred to as the function with the help of which states can make
sure that the execution of safety associated Standards and Recommended Practices (SARPs)
takes place in an effective manner. It is essential that this implementation takes place in
accordance with procedures laid down within Annexes to the Convention on International Civil
Aviation and other associated ICAO document. GASOS is acknowledged to be a programme that
strengthens State safety oversight, accident and inceident investigation together with and safety
management capabilities (Global Aviation Safety Oversight System, 2019).
A specific State’s accountability for safety oversight lays down the core on which safe
global aircraft operations are dependent (Larsson and et. al., 2019). Absence of relevant and
adequate safety oversight within the confines of one Contracting State, thus results in creation of
threat for health of global civil aviation operation.
It is ascertained that there are 8 widely accepted, crucial elements of state safety
oversight, these are briefly explained as follows:-
CE-1. Primary aviation legislation
This legislation is considered with the provision of effectiveness of aviation and its
comprehension with the environment and complexity level of State's aviation activity and
compliance with Convention on International Civil Aviation requirements (Maurino and et. al.,
2017).
CE-2. Specific operating regulations
This law determines a provision of appropriate regulations to address, at minimum level,
the country's requirements emerging from legislation of primary aviation and provide
infrastructures and equipments, that include management of safety and training systems,
standardised operational processes, as per SARPs (Novak and et. al., 2019).
CE-3. State civil aviation system and safety oversight functions
This law lays down the provision that state must possess proper safety regulatory
functions together with appropriate and relevant policies of safety to ensure security of
passengers at all times. The formation of a Civil Aviation Authority (CAA) and other such kinds
of authorities and agencies of government, are backed up by proper technical and non-technical
workers together with the provision of adequate financial resources (Hinsch and et. al., 2019).
3

CE-4. Technical personnel qualification and training
According to this legislation, minimum experience and knowledge that is required for
technical safety functions should be established and proper and effective training should be
maintained yo increase the level of competition at desired manner (Hodgkinson and Johnston,
2018). This training should involve periodic and initial training.
CE-5. Technical guidance, tools and the provision of safety-critical information
This law includes an provision of technical guidance (which includes procedures), tools
(that includes facilities) and information about critical safety, which is applicable for technical
personnel and help them to perform regarding safety functions of oversight as per the
requirements in an appropriate manner (Abeyratne, 2017). It includes technical assistance by
oversight authority for aviation industry for implementing certain regulations.
CE-6. Licensing, certification, authorization and approval obligations
It includes certain processes for ensuring that organisation is performing activity of
aviation to meet up established needs before it is allowed to perform privileges of license,
authority, certificate and approval for conducting aviation activities (Doganis, 2013).
CE-7. Surveillance obligations
It includes implementing processes like auditing and inspections, to make sure that
aviation authority, license, certificate and approval holders continued to meet up established
requirements and roles at competency level and safety purposes (de Leon, 2015).
CE-8. Resolution of safety concerns
This legislation focuses on implementing processes for resolving identified deficiencies
that has impact upon safety of aviation, which is resided in aviation system and detected through
appropriate bodies (Brack, 2013).
These 8 critical elements when accumulated serve as the defence tools for State safety
oversight. It can be said that the states can largely take advantage from implementation of all of
these critical elements and ensure safety oversight at all the times.
Supra-National Regulators
Supra national regulators are considered as the international group, under which every
member holds power to present their views or interest in decision making so that effective
decision can be taken towards the issues. Mainly, World Trade Organisation (WTO) along with
4

European Union are two of the main supra national entities. With reference to aviation sector, it
has been analysed that a group of business entities operating their work at local, global and
regional level have formulated various standards, regulations and procedures associated with the
safety. All of these rules and regulations are required to be followed by overall aviation sector.
The overall motive of this regulatory system is to assure that all technical system work well so
that there would be no chance of development of any technical error at last minute (Donnet and
et. al., 2018). Along with this, supra national regulator also helps in implementing flexible
solutions for the problem in aviation industry according to the feasibility. Further, there are two
primary Supra National Regulators specifically pertaining to the confines of aviation sector. A
brief discussion on both of them is given as follows:-
FAA (Federal Aviation Administration): This is a body of US government having the
authority associated with regulation of all sorts of elements related to civil aviation within the
confines of that country together with the nearby global waters (Abeyratne, 2014). The authority
of this body includes operation as well as development of airport, certifying aircrafts and related
personnel and air traffic management.
EASA (European Union Aviation Safety Agency): It is an agency pertaining to EU
having the accountability for maintenance of safety in confines of civil aviation. This regulatory
body does regulation, standardisation, certification and also carries out monitoring as well as
enquiry. It is engaged in collection as well as analysis of information and draft and further
provides advice upon safety laws. For this, this body works in coordination with familiar entities
across the globe periphary (Baledon and Kosoy, 2018). This entity was legally constituted in the
year 2002 but began its working not before 2003.
Operator Responsibilities
Operator plays an essential role in the aviation industry as they have to perform various
responsibilities at the time of their working timing. The first and foremost role of operators is to
ensure that all rules and regulations associated with the industry are followed so that safety can
be maintained at the airport. Along with this, the operator is also required to formulate an
effective safety plan and submit it to the Civil Aviation Authority in order to take approval from
their respective minister (Abeyratne, 2018). In addition to this, it is essential for them to check
out that minimum prerequisite and standards are adhered associated with the norms or
regulations for ensuring safety. Moreover, it is also essential for the operator to make sure that
5

screening of passengers are done effectively, also they are required to have access over the
passengers as well as their luggage in order to control any wrong situation.
CONCLUSION
From the above stipulated discussion, it can be said that there are a number of laws and
litigations pertaining to aviation sector which ensure safety as well as security within the scope
of air operations. Further, it has been analysed that there are various Supra National Regulators
that are involved in stipulation of regulation and assurance of safe air travelling. Such regulators
are FAA (Federal Aviation Administration) and EASA (European Union Aviation Safety
Agency). Apart from this, state safety oversight consists of 8 critical elements which are
fundamental to ensurance of compliance with civil aviation rules and regulations. In addition to
this, operator has a crucial role to play within the confines of aviation sector. Operators are
required to devise a safety plan and submit it to the CAA to obtain approval from respective
Minister.
6

REFERENCES
Books and Journals
Abeyratne, R. I. (2018). Emergent commercial trends and aviation safety. Routledge.
Abeyratne, R. (2014). Convention on International Civil Aviation. A Commentary.
Abeyratne, R. I. (2017). Aviation trends in the new millennium. Routledge.
Baledon, M. S., & Kosoy, N. (2018). “Problematizing” carbon emissions from international
aviation and the role of alternative jet fuels in meeting ICAO's mid-century aspirational
goals. Journal of Air Transport Management, 71, 130-137.
Brack, D. (2013). International trade and climate change policies. Routledge.
de Leon, P. M. (2015). Alejandro Piera Valdes, Greenhouse Gas Emissions from the
International Civil Aviation-Legal and Policy Challenges.
Doganis, R. (2013). Flying off course: The economics of international airlines. Routledge.
Donnet, T. & et. al. (2018). Developing a Queensland (Australia) aviation network strategy:
Lessons from three international contexts. Journal of Air Transport Management, 73, 1-
14.
Hinsch, H. & et. al. (Eds.). (2019). The Impact of Liberalizing International Aviation Bilaterals:
The Case of the Northern German Region: The Case of the Northern German Region.
Routledge.
Hodgkinson, D., & Johnston, R. (2018). Aviation Law and Drones: Unmanned Aircraft and the
Future of Aviation. Routledge.
Larsson, J. & et. al. (2019). International and national climate policies for aviation: a
review. Climate Policy, 19(6), 787-799.
Maurino, D. E. & et. al. (2017). Beyond aviation human factors: Safety in high technology
systems. Routledge.
Novak, D. & et. al. (2019, January). RECOGNITION OF PRIOR LEARNING BASED ON
COMPETENCE-BASED TRAINING IN AVIATION SECTOR. In ZIRP 2019-
International Scientific Conference, SCIENCE AND TRAFFIC DEVELOPMENT.
Rhoades, D. L. (2016). Evolution of international aviation: Phoenix rising. Routledge.
Roelfsema, M. & et. al. (2018). Integrated assessment of international climate mitigation
commitments outside the UNFCCC. Global environmental change, 48, 67-75.
Stolzer, A. J. (2017). Safety management systems in aviation. Routledge.
Todd, M. (2019). Meeting report: The 13th International Symposium of the Australian Aviation
Psychology Association (AAVPA). Aviation Psychology and Applied Human
Factors, 9(1), 53.
Wan, Z. & et. al. (2018). Decarbonizing the international shipping industry: Solutions and policy
recommendations. Marine pollution bulletin, 126, 428-435.
Weisman, E. (2012). Trade in services and imperfect competition: application to international
aviation (Vol. 2). Springer Science & Business Media.
Wiegmann, D. A. & Shappell, S. A., (2017). A human error approach to aviation accident
analysis: The human factors analysis and classification system. Routledge.
Online
Safety. 2019. [Online]. Available Through:<https://www.icao.int/safety/Pages/default.aspx>.
Global Aviation Safety Oversight System. 2019. [Online]. Available
Through:<https://www.icao.int/safety/gasos/Pages/default.aspx>.
7