- Aviation law
Aviation law is the branch of
lawthat concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty lawand in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the United States, the Federal Aviation Administration(FAA), governs applied aspects of flight. In the international realm, the International Civil Aviation Organization(ICAO) provide general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agencyof the United Nations.
In the United States and most European nations, aviation law is considered a federal or state-level concern and is regulated thereby at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. Aviation law, however, is not in the United States held under the same Federal mandate of
jurisdictionas admiralty law; that is, which the United States Constitutionprovides for the administration of admiralty, it does not provide such for aviation law. Space law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law but one that already has its own journals and academic support. Expectedly, much of space law is connected to aviation law.
Also, state products liability law is not preempted by Federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products.
Ince & Co
Kreindler & Kreindler LLP
* [http://upload.mcgill.ca/iasl/hague1955.pdf Hague Protocol]
Civil Aviation Authority
* [http://www.law.depaul.edu/aviation International Aviation Law Institute (IALI)]
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