Aviation Law Research Articles

Passenger Rights and Airline Responsibilities Under International Treaties: An In-Depth Look At Aviation Law and Sustainable Development Goals

Objective: The main aim of the article is to assess the level of compliance with passenger rights and the fulfillment of obligations by airlines according to international treaties, an in-depth look at aviation law and sustainable development goals. Theoretical Framework: Several international airlines serve as the subjects of the study, additionally, aviation legislation will also be examined, with improvements to it based on the results of the conducted assessment. Method: The scientific task involves proposing a methodological approach to evaluating the level of compliance with passenger rights and the fulfillment of airline obligations according to international treaties. Results and Discussion: The result of the research, the level of compliance with passenger rights and the fulfillment of obligations by airlines according to international treaties for the listed airlines have been determined. The findings have become the basis for identifying key ways to improve aviation legislation. Research Implications: The study has implications and only considers a specific list of airlines. In the future, it should be expanded to take into account the specifics of individual countries. Originality/Value: This study focusses on ensuring that passenger rights are protected, which in turn enhances consumer confidence and promotes higher standards of service within the airline industry.

The Legal Approach to Investor Liability Conditions for Damage to Third Parties on the Ground within National Scope in the UAE Civil Aviation Law No. 20 of 1991 and the Saudi Civil Aviation Law No. 44 of 1426 AH: A Comparative Study

The damage caused by non-military aircraft to persons or property on the ground has long been a subject of international concern. Two key conventions were established to regulate liability arising from such damage: the 1952 Rome Convention, commonly known as the Rome Convention on “Damage Caused by Foreign Aircraft to Third Parties on the Surface,” and, later, the Montreal Convention of 2009, formally known as the “Convention on Compensation for Damage Caused by Aircraft to Third Parties.” The Montreal Convention was a result of the signatory states to the Rome Convention recognizing the need to review and update certain provisions. Both the United Arab Emirates and the Kingdom of Saudi Arabia are signatories to this convention. While international regulations play a significant role, domestic legislation is equally critical. It is therefore incumbent upon nations to enact clear legal provisions to regulate the liability of aviation investors for damage caused by aircraft to third parties on the ground, from a national legal perspective. This study addresses an issue of critical importance, namely the need for precise regulations that clarify the conditions of an aviation investor’s liability for damage to third parties on the ground within the national legal frameworks of the UAE and Saudi Arabia. Through comparative analysis, this research seeks to address the legislative gaps found in the UAE’s Civil Aviation Law No. 20 of 1991 on this matter.

Examining the Sufficiency of Uganda's Civil Aviation Laws in the Global Aviation Trends and Developments

We conducted the research to determine how Uganda's civil aviation laws align with current global trends and developments. We gathered information from the internet and different books written by different authors to accurately determine and validate the standards of Uganda's laws at the international level, and to determine their ability to keep pace with the ongoing trends and advancements in the global aviation industry. The article confirms that all laws, regulations, and directives were shared throughout the globe with all countries thus involved in civil aviation, following and enforcing the same rules and regulations. Thus, Uganda has the same laws and regulations as countries like the USA and France, thus being in a perfect position to keep abreast of the trends and developments prevailing in the world today with only a marketing situation to take care of. Keywords: Airplane, Aviation, Aviation laws, Flying device, Technology

System of legal regulation of international air transportation

The Warsaw Convention of 1929 for the unification of certain rules of international air transport is the basis of the legal regulation of international air transport. Agreements supplementing the Warsaw Convention: Hague Protocol of 1955, Guatemala Protocol of 1971 amending the Warsaw Convention, Guadalajara Convention of 1961, Montreal Protocol for the Unification of Certain Rules Relating to International Carriage by Air (1975). The Montreal Interim Airline Agreement of 1966, the Montreal Agreement of 1999. The set of norms of these agreements as a whole constitutes the Warsaw System of Regulation of International Air Transport. IATA – a special non-governmental organization, an association of airlines of ICAO member states – is responsible for determining the specific conditions of international air transportation. On May 28, 1999, a significant event took place in the field of international private air law: as a result of the three-week work of the Diplomatic Conference on Air Law held at the ICAO headquarters with the participation of representatives of 121 states and 11 international aviation organizations, the Convention for the Unification of Certain Rules of International Aviation Law was adopted of air transportation (Montreal Convention of 1999), which defines the basic legal conditions of international air transportation in the 21st century. Scientific and technical progress, the rapid development of international air transport, the increase in the safety of its operation made it necessary to expand the scope and more clearly regulate the responsibility of the carrier. This international Convention is designed to provide firm legal guarantees and an adequate level of compensation to persons injured as a result of aviation events, to create a uniform and clear legal regime of responsibility of air carriers for failure to preserve cargo, baggage and delay during their transportation on international lines. On November 4, 2003, the Montreal Convention entered into force. Among the participants of the Convention are such countries as the USA, Japan, Canada, China, the countries of the European Union, including Ukraine. The article examines the early development of the aviation industry and the role of the Warsaw Convention in the construction of rules and mechanisms aimed at protecting the interests of both the carrier and the passenger or cargo owner. The development of the norms of the Warsaw Convention in various protocols is revealed. Such as the Hague Protocol (1955), the Guadalajara Convention (1961), the Guatemala City Protocol (1971) and the Montreal Four Protocols (1975), which significantly modernized the provisions on air transport regulations, as seen in the Montreal Convention (1999).

KEWENANGAN KANTOR OTORITAS BANDARA WILAYAH IV DALAM PENEGAKAN HUKUM TERHADAP PEMALSUAN PAS BANDARA

The number of incidents of counterfeiting airport pas poses a risk of threats to aviation security that can result in aviation law violations, for that law enforcement is needed in order to provide a deterrent effect while realizing legal certainty against perpetrators of airport passport forgery. The formulation of the problem in this study is how the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas, as well as what factors hinder law enforcement against counterfeiting airport pas, the objectives of this study are, first, to determine the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas, second, to determine the factors that hinder law enforcement against counterfeiting airport pas. The research approach used is normative juridical, the normative juridical approach seeks to understand the law from a theoretical and philosophical perspective. This research uses normative legal research methods by analyzing various legal sources such as constitutions, laws, court decisions, legal doctrines, and opinions of legal experts. The results of this study are first, the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas has not been maximized, as evidenced by the Region IV Airport Authority Office has never taken action in court against counterfeiting airport pas. Second, the factor that hinders the law enforcement of airport pass forgery is that the Region IV Airport Authority Office does not yet have the authority to investigate the criminal offense of airport pas forgery.

Sovereignty beyond Borders: Unraveling the Enigma of Airspace and Outer Space Interplay

This paper examines the complex issue of delimitation and sovereignty in airspace and outer space, tracing the evolution of these concepts from ancient jurisprudence to contemporary international law. The study delves into the origins of air sovereignty, emphasizing the legal maxim "Cuius est solum eius usque ad coelum et ad inferos" and the subsequent development of aviation law, including the pivotal Convention on International Civil Aviation. It further explores the nascent field of space law, highlighting the Outer Space Treaty and its designation of outer space as res communis humanitatis. The paper analyzes various attempts to delineate a boundary between airspace and outer space, contrasting the spatialist, functionalist, and "wait-and-see" approaches. It evaluates the pros and cons of establishing a clear demarcation, considering technological advancements and geopolitical tensions. Potential solutions are proposed, including drawing analogies from the Law of the Sea and enhancing the role of international organizations such as ICAO. The paper underscores the urgency of resolving these issues to ensure normative certainty and address the growing congestion in the skies.

The Form of Responsibility of Airlines as Business Entities For Unilateral Flight Cancellations Is Viewed From The Minister of Transportation Regulation Number 89 of 2015 Concerning Handling of Flight Delays In Scheduled Commercial Air Transport Business

An airline is a company that provides services to goods and passengers traveling by air. The definition of aviation based on Law of the Republic of Indonesia Number 1 of 2009 concerning Aviation is a unified system consisting of the use of airspace, aircraft, airports, air transportation, flight navigation, safety and security, environment, supporting facilities and other public facilities. . Every flight activity is the responsibility of the airline company. Specifically responsible for errors in unilateral cancellation of passenger departures made by the airline. As a corporation or legal entity, airlines are obliged to provide compensation to passengers in accordance with the policies contained in aviation law and consumer protection law (UUPK). The research method used in this research is normative research which examines library materials sourced from secondary data, namely primary legal materials, secondary legal materials and tertiary legal materials. This legal material was obtained by taking a statutory approach and a conceptual approach. Then it is analyzed using qualitative methods to obtain a conclusion from the problem formulations that have been discussed. The purpose of this research is to find out the factors that cause departure cancellations by airlines and to find out how airlines are responsible for unilateral flight cancellations in terms of Regulation of the Minister of Transportation of the Republic of Indonesia Number 89 of 2015 concerning Handling Flight Delays in Scheduled Commercial Air Transport Business Entities in Indonesia.

Reparation of Civil Aerial Accidents Under International Air Law: A Case Study of the 2020 Ukrainian Plane Incident in Iran

International Air Law, encompassing both national and international legal norms, plays a critical role in defining state sovereignty in airspace and ensuring the safety of passenger aircraft. This paper highlighted the evolution of airspace law, emphasizing key treaties and conventions such as the Chicago and Montreal Conventions, which have shaped the legal landscape of modern aviation. It thoroughly examined the role of Aviation Law in addressing contemporary challenges, with a focus on the downing of Ukraine International Airlines Flight PS752 in Iran on January 8, 2020. This incident, a non-warfare act of force, presented a complex legal challenge and led to recent legal controversies. It examined precedents from international and domestic court decisions and directives of relevant organizations, contributing to a modern legal framework. Key discussions included the implications of human error in aviation incidents, particularly in terms of criminal liability and financial compensation. The paper made efforts to evaluate such situations within the framework of international air law, advocating for continuous legal adaptation to safeguard global civil aviation. This study particularly suggests the possible resolutions for aerial accidents, specifically those caused by human error.

Book review: A Handbook on International Aviation Law, edited by Prof. (Dr) Sandeepa Bhat B., Prof. (Dr) Dilip Ukey, & Adithya Variath. First Edition. Bangalore: Thomson Reuters, Legal (A Division of Thomson Reuters South Asia Private Limited). 2023

Book review: A Handbook on International Aviation Law, edited by Prof. (Dr) Sandeepa Bhat B., Prof. (Dr) Dilip Ukey, & Adithya Variath. First Edition. Bangalore: Thomson Reuters, Legal (A Division of Thomson Reuters South Asia Private Limited). 2023

Aviation Safety for Urban Air Mobility: Pilot Licensing and Fatigue Management

Urban Air Mobility (UAM) is an emerging air traffic system designed for passengers and cargo in and around urban environments. Both the Federal Aviation Administration of the United States and the European Union Aviation Safety Agency endorse a phased development approach for UAM, commencing with manned aviation and subsequently transitioning to remotely piloted and autonomous operations. This article focuses on legal considerations related to aviation safety, with a specific focus on pilot licensing and crew fatigue management. An analysis of existing aviation law provisions suggests that the International Civil Aviation Organization can work with local authorities to create regulations governing both on-board and remote pilots involved in UAM operations. Safety standards in air law can apply mutatis mutandis to on-board pilots until specific regulations are developed. In the longer term, there shall be domestic laws on both on-board and remote UAM pilots.

Three-dimensional property: Current development trends on the Polish example

Abstract 126The majority of modern European legislations traditionally follows the concept of land ownership derived from Roman law. It is based on the assumption that the owner’s rights are unlimited in spatial terms. Within this understanding, the spatial scope of ownership extends to open space above and below a specific part of the land’s surface, delineated two-dimensionally. Several exceptions to the general underlying approach have been successively introduced in particular European legal systems in the course of historical development. These include, in the first place, building leases and apartment ownership as well as separate ownership of buildings. Furthermore, widely accepted limitations as to the vertical scope of ownership stem from specific regulations in the fields of mining law, geological law, water law and aviation law. Another manifestation of departure from the traditional concept of land ownership are legal solutions falling into the category of three-dimensional (3D) property, which is of increasing interest nowadays in view of growing needs for new forms of ownership and land use in densely built urban areas. At the core of the concept of 3D property in the strict sense lies the possibility to divide the space into distinct layers defined by horizontal and vertical planes, and to create so-called three-dimensional immovable properties which constitute independent objects of property rights. Such 3D units can serve multiple above- and underground investment purposes. Regulations regarding different models of 3D property rights have already been adopted in a number of countries in Europe and worldwide. Recently, conceptual work on layered ownership has been undertaken in Poland, which has opened a discussion in the legal scholarship on the future legislative changes to be implemented in order to introduce the notion of 3D property to domestic law. In parallel with these tendencies, the idea of 3D cadastre is being promoted. It offers 127the possibility to register real estate objects located at different levels. Worthy of note in this regard is also the impact of the current technological advancements on increasing the investment potential of urban space through 3D property formation. This article elaborates, first, on the general concept and selected types of 3D property rights existing in national jurisdictions. Against this background, the proposal for the new legal construct of layered ownership has been discussed with particular consideration of the possible ways of adapting it to the Polish property law framework. Some of the opportunities and challenges brought about by the 3D property rights development have been then outlined in the context of extensive implementation of emerging technologies in real estate transactions.

Aktualna regulacja użytkowania dronów w prawie polskim – ocena i postulaty de lege ferenda

The article highlights the problem of the lack of drone regulations in Polish aviation law. The authors identify areas of use of unmanned aerial vehicles and propose possible solutions to problems related to drones. They also specify particular de lege ferenda postulates in the area concerning the operation, exploitation, and use of unmanned aerial vehicles.

Theoretical Preconditions to Classify Soft Law as Part of the Legal System: The Case of Aviation Law

This paper examines the theoretical preconditions for classifying aviation soft law as part of the legal system by distinguishing the essential characteristics of this phenomenon and analysing them within the context of different perspectives of legal understanding, presupposed by the competing binary and continuum (relative or gradual normativity) perceptions of Law, as well as the Theory of Functional Normativity.

Air Passenger Rights Case Law Developments from 1 January to 25 November 2023

From 1 January to 15 November 2023, there have been limited case developments in relation to air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of theEuropean Union that have shed light on the interpretation of EU Regulation No 261/2004. The second part presents a non-exhaustive overview of selected significant rulings from non-EU countries. In the case Austrian Airlines v. TW, the Court defined the rules applicable to rerouted flights in the context of the coronavirus crisis. In the case FW v. LATAM Airlines Group SA (Latam Airlines), the Court clarified the rules applicable to passengers denied boarding. In the case TAP Portugal v. flightright GmbH and Myflyright GmbH, the Court ruled that passengers are entitled to compensation following a flight cancellation as the death of a crew member away from the airline’s base is not an extraordinary situation. In the case Lufthansa v. Vadhera, an Indian Court decided that moral damages may be awarded for lost and delayed luggage in the absence of any physical injury suffered by a passenger. The Mexican Supreme Court recently declared a provision of the national Civil Aviation law unconstitutional and declared that airlines must compensate passengers denied boarding due to overbooked flights with at least 25% of the ticket price, regardless of the different options offered to them. The District Tribunal of New Zealand awarded damages to a passenger as it found an airline liable of misrepresentation and set a precedent in the way airlines promote their inflight experiences. passenger rights, flight delay, flight cancellation, flight compensation, overbooking, extraordinary circumstances, repatriation flight, luggage, moral damages, misrepresentation, aviation sector, aviation law, air law

‘The 35th Annual Conference of the European Air Law Association’ Summary Report of a Conference Held in Stockholm on 9/10 November 2023

The 30th Annual Conference of the European Air Law Association (EALA) convened on 10 November 2024 in Stockholm, Sweden. The Conference, including the preceding Conference Dinner on 9 November featured a wealth of high-quality speakers and discussions on a diverse range of topical aviation law subjects. Conference report, EALA, European Air Law Association

Navigating the Skies: an Overview of Aviation Law in India

Its related to Space law in Aviation sector of India

Evaluating Airline Liability and Compensation in Indonesian Aviation

This study investigates the regulatory framework and legal implications of airline liability in the context of air crash victims' rights in Indonesia, focusing on the enforceability of release and discharge agreements imposed by airlines. The research adopts a normative legal method, employing legislative and conceptual approaches to scrutinize primary and secondary legal materials related to aviation accident compensation. The primary sources include the Indonesian Aviation Act No. 1 of 2009, Article 141, and the Minister of Transportation Regulation PM 41 of 2011, alongside the Warsaw Convention of 1929. Secondary sources comprise academic literature, including books, journals, and research reports. The data were analyzed qualitatively, evaluating the extent to which the concepts of release and discharge align with the prevailing legal principles of transportation liability. The findings reveal that the Indonesian aviation regulations mandate airlines to compensate for deaths, permanent disabilities, or injuries resulting from air accidents, including to the heirs, with a cap set at Rp1.25 billion per passenger. However, the legal strength of release and discharge statements is considered weak, as they are not explicitly regulated, potentially disadvantageous to victims forced to sign as a precondition for compensation, and contrary to consumer protection laws prohibiting the shift of airline responsibilities to consumers. The study recommends a thorough government review of these release and discharge provisions to ensure alignment with national aviation laws, consumer protection statutes, and civil codes, emphasizing fairness and the protection of victims' and heirs' rights. This research contributes to the discourse on aviation liability in Indonesia, highlighting the need for legal reforms to uphold justice and certainty in airline compensation practices.Highlights:
 
 Weak Legal Foundation: Release and discharge agreements in Indonesia's aviation sector lack explicit legal backing, undermining their enforceability.
 Conflict with Consumer Laws: These agreements often contradict consumer protection laws by shifting airline responsibilities to consumers.
 Need for Legal Reform: There is a pressing need for regulatory review and reform to align compensation practices with fairness and legal standards.
 
 Keywords: Aviation Liability, Compensation, Release and Discharge, Consumer Protection, Legal Reform

E-AVIATION LAW MODUL FOR AVIATION VOCATION SCHOOL

Aviation Law is one of the courses in the Aeronautical Communication Diploma 3 Study Program that studies national and international aviation regulations, which aims to enable cadets to explain the regulations that apply nationally and internationally in the work area to guide aviation communication in all classifications of airspace in aviation. In the development of information and communication technology in Indonesia, educational learning media through applications or websites that make learning activities more interesting, effective and efficient. At this time, learning Aviation Law Subjects still uses modules that are less interactive referenced documents so that cadets quickly feel bored and less interested in carrying out learning. So in this industrial revolution 4.0 to realize effective and enjoyable learning, the author suggests making e-modules. In this study using the type of research and with the Waterfall method. The results of this research are E-modules of Aviation Law in the form of flipbooks and mastery tests contained in each topic of discussion which are equipped with images, video, and sound that have been adjusted to the academic syllabus and implemented on the Learning Management System (LMS) in Aviation Polytechnic of Surabaya. The author's goal in this final project is to design and create e-aviation law modules as new interesting and innovative learning media that can help in aviation law learning

EU Competition Law Developments in the Aviation and Space Sectors from 1 January to 31 July 2023

From 1 January to 31 July 2023, there have been several developments in the aviation and space sectors. The European Commission is currently reviewing the Korean Air/Asiana merger. Meanwhile, it approved the Fortress Investment Group/Air Investment/JV and Inmarsat/ Viasat mergers. A considerable number of cases were brought against the Commission to challenge its decisions in the field of state aid, in large part by Ryanair. The ECJ rejected the appeal by American Airlines in American Airlines/Commission & Delta. Lastly, the UK CMA and CAA published a joint open letter to airport operators. competition, developments, aviation sector, space sector, European Commission, mergers, aviation law, space law

Air Blue (Pvt) Ltd v. Judge Consumer Court (West) Islamabad & Another

The High Court of Islamabad, Pakistan, has ruled that courts would follow the international conventions on air carriage as prescribed in the Carriage by Air Act, 2012 while deciding the quantum of damages against air carriers for the liability arising from international air carriage. The court affirmed it while deciding that aggrieved parties are free to choose between a special consumer court or a civil court when bringing claims against an air carrier under the Carriage by Air Act, 2012. Pakistan, aviation law, consumer protection, jurisdiction, special court