International Air Law

International Air Law

One branch of legal science is dedicated to air law, which examines regulations governing the use of airspace, the movement of aircraft, and the legal and commercial relations arising from such activities. With advances in aviation technology and the ongoing development of aircraft, relevant legal rules have also been revised and amended. Air law may therefore be regarded as a technical field of law.

This branch of law establishes specific principles concerning the liability of air carriers, to the extent that some scholars describe it as a law of machines and facilities with its own specialized technical and judicial methods.

Air law may also be considered a composite field, as it incorporates elements of public law, private law, domestic law, and international law. However, rules of public law play a more significant role within air law.

Major Treaties in Air Law

International Air Law

There are similarities between maritime and air law, which may lead to overlap between the two. Due to the international nature of air travel, air law is considered part of international law and is referred to as international air law.

Rules within the scope of air law include those governing overflight rights, airports, and air traffic control.

Subject Matter of International Air Law

Since international air law is a branch of public international law, it encompasses the sources of international law. These include general principles of law, treaties, customary international law, and subsidiary sources such as legal doctrine and international judicial practice.

Sources of International Air Law

The principal sources include the following:

• International legal rules and regulations.
• Scholarly opinions of international law experts.
• Decisions of international courts, particularly judgments of the International Court of Justice.
• International treaties and conventions, including the 1929 amending protocol, the 1919 Paris Convention, treaties adopted at the Chicago Conference, and agreements relating to aviation security and aircraft hijacking.

Theories Concerning International Air Law

Jurists generally classify theories regarding the legal nature of airspace into the following three categories:

• The theory derived from private law, according to which states, just as they own their land territory, also exercise ownership and full sovereignty over the airspace above their territory.
• The theory asserts that states have no exclusive rights over the airspace above their territory and that airspace belongs to the international community, thereby allowing free passage of aircraft.
• The theory divides airspace into two distinct layers:
  • The layer adjacent to the earth’s surface, which is subject to state sovereignty.
  • The upper layer, which is not subject to territorial jurisdiction.

Today, the first and third theories are widely accepted and reflected in international instruments.

International Civil Aviation Organization

The International Civil Aviation Organization (ICAO) was established under the Chicago Convention, and many states have acceded to it.

ICAO has made extensive efforts to harmonize aviation regulations and is recognized as a specialized agency of the United Nations.

The Five Freedoms of the Air in International Air Law

• The freedom permits aircraft of one state to fly over the territory of another state without landing.
• The freedom permits aircraft to fly over foreign airspace and to land for non-commercial purposes, such as refueling or maintenance.
• The right of an aircraft to disembark passengers or unload cargo taken on board in the state of nationality in another state.
• The right of aircraft to disembark passengers or unload cargo taken on board in other ICAO member states in the state of nationality.
• The right of aircraft to embark and transport passengers or cargo to other states.

Frequently Asked Questions About International Air Law