Aviation Law

A Brief Look Into The History Of Aviation Law

Over the last 100 years, the aviation sector has undergone rapid changes. Not only has the aviation traffic increased manifold internationally, but the procedures in the aviation industry have also been streamlined to a large extent as well. As a result, the laws of aviation have matured and undergone a series of changes. Today, as an air traveler, it makes sense to keep abreast of some of the key covenants of aviation law.

As an introduction, aviation law primarily refers to the rules and regulations relating to aircraft operations, safety norms and navigational guidelines. While internationally, there are laws and statutes that govern the flight movements from one country to another, countries have their own laws for aviation as well. In the United States for instance, the Federal Aviation Administration (FAA) oversees the formulation of laws of aviation applicable to aircrafts flying within the country. At the international level, organizations such as International Civil Aviation Organization (ICAO) and International Air Transport Association are responsible for creating guidelines that all countries need to adhere to.

Some of the salient features of the bodies that control the formulation of aviation law, in the United States and outside are:

FAA: A unit of the US Department of Transport which is responsible for the formulation and implementation of statutes relating to air safety, navigation and other aspects.

ICAO: A UN body that creates regulations for global aviation. It is primarily aimed at creating aviation laws that help in better air safety, passenger security, clean environment, and conducting statutory audits for airline companies.

IATA: An international trade body with a membership base of more than 230 airline companies, helps airlines negotiate through restrictive regulations and bilateral agreements.

One of the most important developments in the history of aviation was the signing of Warsaw Convention in 1929. In a nutshell, the signatory countries to the treaty agreed to cap the damages airlines would have to pay in case of accidents that caused injury or even death. The compensation for airlines in the United States was fixed at a maximum of $75,000. However, in 1997, owing to large-scale protests against the disparity in the way the treaty was being implemented, there was a modification to the treaty. The new agreement, called the Intercarrier Agreement, was signed by more than 120 airline companies across the world. According to the new agreement, in case of an accident, the affected person or family can claim compensation to the extent allowed to domestic flights within a country. Post this agreement, the compensation in the United States is $135,000, which is automatically given to the victim of an airline accident.