File Name: air and space law .zip
For law students seeking such specialized legal courses, this concentration provides a comprehensive understanding of the legal processes regulating domestic and international aerospace activities.
- Air and Space Law Concentration
- International law: Air & Space
- Outer Space — A Legal Issue
- International Air and Space Law- Reading List
Most users should sign in with their email address. If you originally registered with a username please use that to sign in. To purchase short term access, please sign in to your Oxford Academic account above.
Internat A50 Air and space law [incomplete holding] from v. Contact us Send us your feedback. Google Analytics anonymously tracks individual visitor behaviour on this web site so that we can see how LibGuides is being used.
Air and Space Law Concentration
Air law , the body of law directly or indirectly concerned with civil aviation. Aviation in this context extends to both heavier-than-air and lighter-than-air aircraft. Air-cushion vehicles are not regarded as aircraft by the International Civil Aviation Organization ICAO , but the practice of individual states in this regard is not yet settled.
The earliest legislation in air law was a decree of the Paris police forbidding balloon flights without a special permit. Because of the essentially international character of aviation, a large part of air law is either international law or international uniform law rules of national law that have by agreement been made internationally uniform.
Insofar as international air law is concerned, it need hardly be mentioned that an international agreement or an amendment thereto is binding only on states that are parties to it. A basic principle of international air law is that every state has complete and exclusive sovereignty over the airspace above its territory, including its territorial sea.
At the turn of the 20th century the view that airspace, like the high seas , should be free was sometimes advanced. But the principle of airspace sovereignty was unequivocally affirmed in the Paris Convention on the Regulation of Aerial Navigation and subsequently by various other multilateral treaties. Thus, under the Geneva Convention on the High Seas as well as under international customary law, the freedom of the high seas applies to aerial navigation as well as to maritime navigation.
Vertically, airspace ends where outer space begins. It follows from the principle of airspace sovereignty that every state is entitled to regulate the entry of foreign aircraft into its territory and that persons within its territory are subject to its laws.
States normally permit foreign private i. Such aircraft registered in states that are parties to the Chicago Convention are, under the convention, allowed into the territories of all other contracting states without prior diplomatic permission if not engaged in the carriage of passengers, mail, or cargo for reward. Commercial air transport is divided into scheduled air services and nonscheduled flights. Charter flights fall mostly, but not invariably, into the latter category.
Under the Chicago Convention, contracting states agree to permit aircraft registered in the other contracting states and engaged in commercial nonscheduled flights to fly into their territory without prior diplomatic permission and, moreover, to pick up and discharge passengers, cargo, and mail, but in practice this provision has become a dead letter.
For scheduled air services, the privilege of operating commercial services through or into a foreign country was, at the time of the Chicago conference, split into five so-called freedoms of the air. The first is the privilege of flying across a country nonstop; the second, of flying across with a stop for technical purposes only. These two freedoms are also known as transit rights. The other freedoms of the air are known as traffic rights, referring to passengers, mail, or cargo carried on a commercial service.
The third of the five freedoms is the privilege of bringing in and discharging traffic from the home state of the aircraft or airline; the fourth is that of picking up traffic for the home state of the aircraft or airline; the fifth is that of picking up traffic for or discharging traffic from third states in the territory of the state granting the privilege.
This fifth freedom is the main bargaining point in the exchange of traffic rights among states. Attempts have been made since to create other freedoms, but each new freedom usually represents in practice a new restriction. Efforts to conclude a widely acceptable multilateral agreement on traffic rights were unsuccessful, and such rights have continued to be handled through bilateral international agreements. These agreements fix the routes to be served, the principles governing the capacity of the agreed services frequency of the service multiplied by the carrying capacity of the aircraft used , and the procedures for the approval of fares and tariffs by the respective governments.
Most agreements require that airlines operating the same routes consult among themselves before submitting their fares to the two governments concerned for approval, and many agreements specify the International Air Transport Association IATA , an association of airlines, as the organ for such consultations.
A bilateral agreement signed at Bermuda in between the United Kingdom and the United States set a pattern that has generally been followed, although the formal Bermuda-type agreement is likely to be accompanied by confidential memoranda attaching various restrictions.
Both the German Civil Code and the Swiss Civil Code , while recognizing the principle of Cujus est solum , adopted a functional approach, limiting the right of the owner to such a height and such a depth as are necessary for his enjoyment of the land. In common-law countries the courts have arrived at a broadly similar position.
In France, too, both the doctrine and the courts have refused to take Cujus est solum literally. In the course of the s it became clear in most countries, either through judicial decisions or express legislation, that aircraft would be allowed to fly over the private properties of others in normal flight in accordance with aeronautical regulations.
This immunity applies only to the mere passage of the aircraft and does not extend to damage caused by it or to other encroachments on the use or enjoyment of the land, such as excessively low flights. Air law Article Additional Info. Article Contents. Table Of Contents. While every effort has been made to follow citation style rules, there may be some discrepancies. Please refer to the appropriate style manual or other sources if you have any questions.
Facebook Twitter. Give Feedback External Websites. Let us know if you have suggestions to improve this article requires login. External Websites. See Article History. Airspace Sovereignty A basic principle of international air law is that every state has complete and exclusive sovereignty over the airspace above its territory, including its territorial sea.
Get a Britannica Premium subscription and gain access to exclusive content. Subscribe Now. Load Next Page.
International law: Air & Space
This article discusses the air and space laws governing different nations mentioning the principle aspects of international air and space laws, its borders, problems one faces while crossing borders, the jurisdiction of courts, etc. It also sheds light on the effect of liberalisation on such laws, the future of such laws and the possible solutions that can be adopted perceiving the need of the hour. The history of aviation and space activities is a long drawn one. Both of these activities started as a competition. Around a century ago, the pioneers of aviation were challenged to fly an aeroplane. In July of , Monsieur Bleriot crossed the English Channel and became the first man to do so covering a distance of 21 miles from Calais in France to Dover, England.
SPACE L. 25, 29 (). "I See Lyle, Computer-Age Vulnerability in the International Airline Industry, 54 J. AIR.
Outer Space — A Legal Issue
Years before the first man-made objects were launched into orbit around the Earth, the legal aspects of this new kind of human activity had become a subject of legal thinking. It is not surprising that most of the early writers on space law approached the subject with a background in air law. However, not all air law specialists were able to properly differentiate the problems relating to questions arising from the prospective space flights from the issues of aviation. Nevertheless, the author of the first monographic study on space law, Dr. Vladimir Mandl, an attorney at law in Pilsen, Czechoslovakia, who later became Professor of Industrial Law at the Czech Technical University in Prague, recognised the specific nature of space flights and the prospective legal issues, notwithstanding that he too was a specialist in air law.
Air law , the body of law directly or indirectly concerned with civil aviation.
International Air and Space Law- Reading List
Bin Cheng, PH. Most users should sign in with their email address. If you originally registered with a username please use that to sign in. To purchase short term access, please sign in to your Oxford Academic account above. Don't already have an Oxford Academic account? Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.
The issue of sovereignty lies at the very heart of international aviation because all aviation relations are built upon it. The purpose of this paper is to discuss the spectacular evolution of the concept of sovereignty in the air by adopting a multifaceted approach to this issue. In the first part the concept of sovereignty under general international law is briefly explained, before defining it in the more specific framework of public international air law. This discussion is followed by an analysis of the way states open their airspace for the purpose of entering into commercial agreements and conducting air transport activities. Overall, a selection of accidents that were directly linked to the notion of national security sovereignty are examined.
Из нее делают струны для ракеток. - Как мило, - вздохнула. - Итак, твой диагноз? - потребовал. Сьюзан на минуту задумалась.
Я спас вас, сделав это заранее. Можешь представить себе последствия, если бы это обнаружилось, когда Попрыгунчик был бы уже внедрен. - Так или иначе, - парировала Сьюзан, - теперь мы имеем параноиков из Фонда электронных границ, уверенных, что черный ход есть во всех наших алгоритмах.