Aviation Law Report - International Aviation Law Overview

This report provides an overview of aviation law, beginning with the historical context of the Paris Convention of 1919 and the subsequent establishment of the Chicago Convention and the International Civil Aviation Organization (ICAO). It explains the five freedoms of the air and their significance in international air travel. The report further explores the Bermuda agreement and the legal frameworks within the European Union, including the rights of third-party beneficiaries and the European Common Aviation Area Agreement. It also addresses the requirements for substantial ownership and effective control in transportation agreements. The report examines various legal aspects and agreements, offering insights into the complexities of aviation law and its impact on international air transport.

AVIATION LAW

Contents
QUESTION 1...................................................................................................................................1
QUESTION 2...................................................................................................................................1
QUESTION 3...................................................................................................................................2
QUESTION 4...................................................................................................................................3
REFERENCES................................................................................................................................4

QUESTION 1
Aviation law is the legal term which is concerned with flight, air travel as well as other
business concern. It is mainly related with international law which is based on air travel. Paris
Convention of 1919 has been considered as first conventions at international level. It was
introduced in order to address political difficulties (Larsen, Sweeney and Gillick, 2012). This
convention was concluded within auspices which are related with International Commission for
Air Navigation. It was introduced to reduce the confusion related with patchwork of ideologies
as well as several regulations. As it was signed in Paris in the year 1919 on October 13.
Convention of International Civil Aviation is also called as Chicago Conventions. It was
established as International Civil Aviation Organization (ICAO) (The International Civil
Aviation Organization (ICAO). 2016). It is having power to frame rules, regulation and policies
related with airspace, registration of aircraft, maintain safety of people and much more. Legal
documents have been signed by around 50 signatory states in the year 1944 on 7th December in
Chicago (Dekker, 2011).
There are five freedoms of air provided to people are as aligned below:
 They are able to fly beyond its territory without any landing.
 Land should be managed for the purpose of nontariff.
 Responsible to put down passengers or cargo for the territory of country.
 Responsible to take passenger or cargo which is destined in order to territory of country.
 Take passenger or mail from agreeing nation. Also put them to the place they are coming
from territory.
Preamble of air consists under Part 1 of Air navigation. The technological nature related to
Chicago conventions has been reflected from preamble. This is the concept which maintain
understanding between people.
An agreement which is framed among legal authorities of UK and US based on air
services among respective Territories is known as Bermuda agreement.
QUESTION 2
European Union system carriers needs to be obtained certainty in terms of legal that the US
could be able to challenge designations (Uchroński, 2011). Members states are not able to do the
same as per the rule of nationality clauses.
1

Third party beneficiary has been considered as the person who having right to sue in
contract but despite not having actually being a part of legal contract. These kind of third party
agreements are frame under air aviation concept which is beneficial for parties to maintain their
performance.
European Common Aviation Area Agreement is the legal agreement which is managed
by European countries in order to manage performance of people. Every contracting state
reserves the significant right to revoke or restrict people to conduct transportation services if they
are not able to satisfy needs of substantial ownership as well as effective control which are
vested in the nationals related to contracting state. Transportation agreements need to meet the
requirement or rules of substantial ownership. It can be easily ascertained with the help of
national rules and legislation.
2