LAWS RELATED TO AIR AND SPACE

Academic Article- by Cheena Khanna

INTRODUCTION

The highest boundaries of the cosmos have always captivated and perplexed humans. Throughout most of human history, however, mankind lacked the expertise and means to access and dominate these 'realms.' As a result, there was no need to consider the existence and evolution of distinct rules controlling Air and Space. Inevitably, a conflict over the use of these "Resources" has arisen, necessitating the creation of new regulatory mechanisms and legislation. This has resulted in the development of complementary branches of Air and Space Law.

In International law, Air Space refers to the space above a certain national territory that is considered to belong to the authority in charge of that area. It excludes outer space, which is deemed free and not subject to state appropriation by the 1967 Outer Space Treaty. However, the treaty does not specify at what height outer space and air space begin and end. The discipline and profession of law are concerned with society's conventions, practices, and standards of conduct that are accepted as binding by the community. In this context, this article attempts to present a general summation of various international and domestic developments which have contributed to the evolution of Air and Space Law.

Corpus Juris Caeli

Civil aviation is at the heart of the subject of air law. It largely exists in the form of several international conventions and accords, which are complemented by customary principles of international law, leaving the topic fragmented. As a result, comprehending the aforementioned Conventions is necessary for researching changes in Air Law. The Convention Relating to the Regulation of Aerial Navigation (1919), sometimes known as the Paris Convention, was the first international instrument to address sovereignty over airspace. In addition, the Convention for the Unification of Certain Rules Relating to International Air Carriage by Air, often known as the Warsaw Convention, was signed in 1929. It governs liability for passengers, luggage, and items transported internationally for a fee by Aeroplane.

Aviation Safety Improvements

The ICAO is mandated by Article 37 of the Chicago Convention to develop international standards and recommended practices in areas such as communication systems, airports, air traffic control, operating personnel licensing, airworthiness of aircraft, meteorological information exchange, accident investigation, and aircraft in distress. In addition, the ICAO updates these standards at regular periods. The International Civil Aviation Organization has established rules and policies to address new security threats such as aircraft hijacking, and the use of aircraft as weapons of mass devastation.

Freedoms of the Air and Open Sky Agreements

The Freedoms of the Air are a collection of nine commercial aviation rights that primarily allow airlines from one country to fly into and land in the airspace of another. The first five freedoms are formally stated in the International Air Transport Agreement of 1944, and the notion has been gradually broadened by the addition of four further liberties. The majority of them are not recognised by universally applicable international treaties, although several have been agreed upon by a number of countries through bilateral agreements.

Aviation and Airport Security

While the aviation industry has grown in terms of both quality and quantity, there has also been an increase in security concerns, resulting in the development of the area of aviation and airport security. The main goal is to prevent criminal acts such as hijacking, sabotage, and the use of aeroplanes as weapons of mass destruction, as well as the presence of illicit weapons at airports. In this regard, a number of international treaties have been drafted. The Tokyo Convention of 1963, for example, recognizes the inviolability of a hijacked aircraft and its passengers regardless of where the aircraft is forced to land, while The Hague Convention of 1970 requires every signatory State to extradite or punish a hijacker if such Person is located there.

CONCLUSION

The issue of implementing terrestrial rules and legislations, as well as for settling conflicts, has endured despite humanity's historical ambition to reach Air and Space: two realms outside its customary grasp. Furthermore, because of the worldwide nature of Air and Space Law, international law and organisations such as the United Nations have been trailblazers in the field's growth. However, the inefficiency of such laws in comparison to Municipal Laws, as well as the lack of a unified convention on the issue, has made their study complex and fragmented. At the same time, there have been several developments in Air and Space Law such as the rise of Aviation Security Standards, Freedoms of the Air, Open Sky Agreements, Product Liability, Outer Space Tourism, Space Debris, Commercialization of Outer Space and Remote Sensing Technology, etc. which have brought about an evolution in the subject during the contemporary Time. The enactment of comprehensive and exact legislation would only help the International Community understand the advances in Air and Space Law, ensuring human survival and greatness.

REFERENCE

❖ https://www.britannica.com/topic/law

❖ https://lexforti.com/legal-news/air-and-space-law-a-legal-conspectus/

❖ https://www.universiteitleiden.nl/en/education/study-programmes/master/air-andspace-law