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International aviation law - Coursework Example

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The first flight occurred on December 17, 1903 when Wright brothers Orville and Wilbur Wright successfully flew their fixed-wing airplane into the air at Kitty Hawk, North Carolina. Aviation grew slowly over the next decade until the First World War when the demand for…
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Download file to see previous pages Aeronautics Act enacted in June 1938 created the Civil Aeronautics Authority (with mandate over the economic and passenger matters), the Air Safety Board (has power to investigate accidents) and the Administrator of Civil Aviation (concerned with the infrastructure construction and airway system maintenance. 1 The Civil Aeronautics Authority was reorganized and renamed Civil Aeronautics Board (CAB), and absorbed the functions of the Air Safety Board which was abolished. CAB enforced a rigid system that restricts growth and mergers. Thus, the Airline Deregulation Act was enacted in 1978 that would allow “maximum reliance on competitive market forces”. 2 The Act stripped the CAB regulatory powers in 1984 but government regulation of the industry is still performed through the Federal Aviation Administration.
The precursor to the Chicago Convention is the 1919 Paris Convention, otherwise known as the Convention Relating to the Regulation of Aerial Navigation. 3 This Convention, signed by the United States, Great Britain, France, Italy, Brazil, Czechoslovakia, Poland and other countries, allowed innocent passage of aircraft in other territories during peace time, required the registration of aircrafts in a state and grants aircrafts a nationality, and prohibited explosives and firearms inside the aircraft. 4 The Convention established the International Commission for Air Navigation to settle international disputes. 5 The signatories and other countries (which were not signatories) revised their local laws according to the provisions of the 1919 Convention. 6 The first to enact a law was England with the passage of the Air Navigation Act 1920 that declares “full and absolute sovereignty and rightful jurisdiction of his Majesty … over the air.” 7 The United States adopted the same notion of sovereignty to the air above its territory in the Federal Aviation Act of 1958. 8
Under the Federal Aviation Act of 1958, all rule-making power was vested upon the Federal ...Download file to see next pagesRead More
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