aviationlaw

Aviation law is the body of rules governing civil aviation and the use of airspace. It encompasses national and international law governing aircraft design and certification, airworthiness, licensing of pilots and operators, and the operation of airlines and airports. It also covers passenger and cargo rights, liability for injury or damage, security, privacy, and environmental protection.

International framework: The cornerstone is the Convention on International Civil Aviation (the Chicago Convention) of 1944, which established the International Civil Aviation Organization (ICAO) and the system of Standards and Recommended Practices (SARPs). It also affirms state sovereignty over airspace and provides a framework for cooperation. States usually conclude bilateral or multilateral air service agreements to regulate market access and traffic rights for air carriers.

Liability: Liability for international carriage has evolved from the Warsaw System to the Montreal Convention of 1999, which standardizes carrier liability for passengers, baggage, and goods and sets limits and proof of loss.

Safety and regulation: Safety and certification are primarily national tasks guided by ICAO SARPs. Civil aviation authorities certify aircraft, oversee maintenance, and license pilots and operators. Accident investigations follow established protocols and may involve multiple jurisdictions.

Security, consumer rights, and environment: Security rules address screening, access control, and in-flight security, aligned with ICAO standards. Consumer rights vary by region, with certain jurisdictions offering protection for delays and cancellations. Environmental efforts include emissions standards and carbon-offset schemes such as CORSIA for international aviation.

Disputes and enforcement: Disputes arise in contracts, liability, or regulatory enforcement and may be resolved through courts, arbitration, or ICAO-compatible dispute processes.