# Aviation law

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Field of law

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**Aviation law** is the branch of [law](/source/Law) that concerns flight, [air travel](/source/Air_travel), and associated legal and business concerns. Some of its area of concern overlaps that of [admiralty law](/source/Admiralty_law) and, in many cases, aviation law is considered a matter of [international law](/source/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 international realm, the [International Civil Aviation Organization](/source/International_Civil_Aviation_Organization) (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a [specialized agency](/source/Specialized_agency) of the [United Nations](/source/United_Nations).

In the United States and in most [European](/source/Europe) nations, aviation law is considered a federal or state-level concern and is regulated 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, in 2008, The United States Court of Appeals for the Second Circuit struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern.[1] Aviation law, however, is not in the United States held under the same federal mandate of [jurisdiction](/source/Jurisdiction) as [admiralty law](/source/Admiralty_law); that is, while the [United States Constitution](/source/United_States_Constitution) provides for the administration of admiralty,[*[citation needed](https://en.wikipedia.org/wiki/Wikipedia:Citation_needed)*] it does not provide such for aviation law. States and municipalities do have some indirect regulation over aviation. For example, [zoning](/source/Zoning) laws can require an airport to be located away from residential areas, and airport usage can be restricted to certain times of day. State product-liabilities law are not pre-empted by federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products.[*[citation needed](https://en.wikipedia.org/wiki/Wikipedia:Citation_needed)*]

[Space law](/source/Space_law), which governs matters in outer space beyond the Earth's atmosphere, is a relatively new area with the [Outer Space Treaty](/source/Outer_Space_Treaty) in 1967.

## History

[Roman law](/source/Roman_law) and other ancient land systems generally granted all rights in [airspace](/source/Airspace) to the owner of the underlying land. The first law specifically applicable to aircraft was a local ordinance enacted in [Paris](/source/Paris) in 1784, one year after the first [hot air balloon](/source/Hot_air_balloon) flight by the [Montgolfier brothers](/source/Montgolfier_brothers). Several court cases involving balloonists were tried in common law jurisdictions during the 19th century.[2]

### Development of public international law

Balloons were used in the [Franco-German War](/source/Franco-German_War) of 1870–71, and the [First Hague Conference](/source/Hague_Conventions_of_1899_and_1907) of 1899 set a five-year moratorium on the use of balloons in combat operations, which was not renewed by the Second Hague Conference (1907). Prior to [World War I](/source/World_War_I), several nations signed bilateral agreements regarding the legal status of international flights, and during the war, several nations took the step of prohibiting flights over their territory. Several competing multilateral treaty regimes were established in the wake of the war, including the [Paris Convention of 1919](/source/Paris_Convention_of_1919), Ibero-American Convention (1926)[3] and the Havana Convention (1928).[4] The [International Air Transport Association](/source/International_Air_Transport_Association) (IATA) was founded in 1919 in a conference at [The Hague](/source/The_Hague), to foster cooperation between airlines in various commercial and legal areas.[2]

The lack of uniformity in international air law, particularly with regard to the liability of international airlines, led to the [Warsaw Convention](/source/Warsaw_Convention) of 1929.

The [Chicago Convention on International Civil Aviation](/source/Chicago_Convention_on_International_Civil_Aviation) was signed in 1944, during [World War II](/source/World_War_II). It provided for the establishment of the [International Civil Aviation Organization](/source/International_Civil_Aviation_Organization) as a unit of the [United Nations](/source/United_Nations) devoted to overseeing civil aviation. The convention also provided various general principles governing international air service.

The [Tokyo Convention](/source/Tokyo_Convention) of 1963 enacted new international standards for the treatment of criminal offenses on or involving aircraft. The [Montreal Convention](/source/Montreal_Convention) of 1999 updated the carrier liability provisions of the Warsaw Convention, while the [Cape Town Treaty](/source/Cape_Town_Treaty) of 2001 created an international regime for the registration of [security interests](/source/Security_interest) in aircraft and certain other large movable assets.

### Development of national regulations

#### United Kingdom

The United Kingdom enacted the [Air Navigation Act 1920](/source/Air_Navigation_Act_1920), which formed the basis of aviation regulation in the United Kingdom and its colonies.

#### Communist bloc

The [Russian Soviet Federative Socialist Republic](/source/Russian_Soviet_Federative_Socialist_Republic) declared sovereignty over its airspace and enacted basic aviation regulations in 1921, forming a state-owned Civil Air Fleet in 1923 which became known as [Aeroflot](/source/Aeroflot) in 1932. Other communist states followed a similar pattern in establishing state-controlled entities for civil aviation, such as the [Civil Aviation Administration of China](/source/Civil_Aviation_Administration_of_China) in the People's Republic of China and [Interflug](/source/Interflug) in East Germany.

#### United States

Main article: [United States government role in civil aviation](/source/United_States_government_role_in_civil_aviation)

In the United States, the [Air Mail Act](/source/Air_Mail_Act) of 1925 and the [Civil Aeronautics Act](/source/Civil_Aeronautics_Act) of 1938 formed the early basis for regulation of domestic air transportation. The United States established a [Federal Aviation Agency](/source/Federal_Aviation_Agency) in 1958, which became the [Federal Aviation Administration](/source/Federal_Aviation_Administration), a unit of the newly formed [United States Department of Transportation](/source/United_States_Department_of_Transportation), in 1967. The [Airline Deregulation Act](/source/Airline_Deregulation_Act) of 1978 was a watershed in the U.S. air transportation industry, and it greatly increased the regulatory workload of the FAA as new operators were allowed to apply for operating certificates.[5]

#### Japan

Japan enacted a legal regime governing civil aviation in 1952, after a brief moratorium during the [occupation](/source/Occupation_of_Japan) that followed World War II. While the early domestic air travel market was lightly regulated and highly competitive, the government implemented a regulation system in 1970 which limited service to three carriers ([Japan Airlines](/source/Japan_Airlines), [All Nippon Airways](/source/All_Nippon_Airways) and [Japan Air System](/source/Japan_Air_System)), with largely separate markets and strictly regulated fare levels that minimized competition. Pressure from the United States, which sought to introduce new U.S. carriers to the transpacific market in the 1980s, led Japan to gradually deregulate its market in the form of cheap packaged-tour fares and an increased international role for ANA in the 1980s and 1990s, followed by the advent of new domestic carriers such as [Skymark Airlines](/source/Skymark_Airlines) and [Air Do](/source/Air_Do).[6]

## Notable aviation lawyers

- [Kenneth Beaumont](/source/Kenneth_Beaumont)

- [Stephen Latchford](/source/Stephen_Latchford)

- [Mary Schiavo](/source/Mary_Schiavo)

## Notes

## References

1. **[^](#cite_ref-1)** ["Air Transport v. Cuomo, 520 F.3d 218 | Casetext Search + Citator"](https://casetext.com/case/air-transport-v-cuomo). *casetext.com*. Retrieved 10 August 2023.[*[dead link](https://en.wikipedia.org/wiki/Wikipedia:Link_rot)*]

1. ^ [***a***](#cite_ref-sand_2-0) [***b***](#cite_ref-sand_2-1) Sand, Peter H. ["An Historical Survey of International Air Law Before the Second World War"](https://web.archive.org/web/20160305181050/http://lawjournal.mcgill.ca/userfiles/other/6355045-sand.pdf) (PDF). *McGill Law Journal*. **7** (1): 24–42. Archived from [the original](https://lawjournal.mcgill.ca/userfiles/other/6355045-sand.pdf) (PDF) on 5 March 2016. Retrieved 17 March 2015.

1. **[^](#cite_ref-3)** ["*The Ibero-American Convention*, ICAO History"](https://web.archive.org/web/20170222082954/http://www.icao.int/secretariat/PostalHistory/1926_the_Ibero_american_convention.htm). Archived from [the original](http://www.icao.int/secretariat/PostalHistory/1926_the_Ibero_american_convention.htm) on 22 February 2017. Retrieved 27 August 2016.

1. **[^](#cite_ref-4)** ["*The Havana Convention*, ICAO History"](https://web.archive.org/web/20170110175600/http://www.icao.int/secretariat/PostalHistory/1928_the_havana_convention.htm). Archived from [the original](http://www.icao.int/secretariat/PostalHistory/1928_the_havana_convention.htm) on 10 January 2017. Retrieved 27 August 2016.

1. **[^](#cite_ref-5)** ["History"](https://www.faa.gov/about/history/brief_history/). Federal Aviation Administration. Retrieved 17 March 2015.

1. **[^](#cite_ref-6)** Alexander, Arthur J. (26 May 2000). ["JAPAN'S AVIATION INDUSTRY: DEREGULATION ADVANCES ON BROAD FRONT"](http://www.jei.org/Restricted/JEIR00/0021f.html). *Japan Economic Institute Report* (21). Retrieved 17 March 2015.

v t e Commercial aviation Airlines Airline codes Airline holding companies Cargo airline Charter airlines Flag carriers Low-cost airlines Non-scheduled airline Passenger airlines Regional airlines Alliances Oneworld SkyTeam Star Alliance Value Alliance Vanilla Alliance U-FLY Alliance Trade groups International ACO ATAG IATA IATAN IFALPA ISTAT United States A4A RAA Europe A4E ASD ECA EBAA ERA ETWF Other regions AACO AAPA AFRAA RAAA Aircrew Pilot in command (Captain) First officer Second officer Third officer Relief crew Flight attendant Flight engineer Loadmaster Aircraft pilot Purser Dead mileage Airliner Travel class First class Business class Premium economy class Economy class Basic economy class Aircraft cabin Aircraft lavatory Aircraft seat map Airline meal Airline seat Buy on board Crew rest compartment In-flight entertainment Inflight smoking Galley Sickness bag Airport Aerodrome Airline hub Airport check-in Airport lounge Airport rail link Airport terminal Airside pass Airstair Boarding Domestic airport Gate International airport Jet bridge Low-cost carrier terminal Runway Transit hotel Customs / Immigration Arrival card Border control (internal) Departure card Passport Timatic Travel document Travel visa (Electronic) Environmental effects Hypermobility Environmental effects of aviation Law Air transport agreement Air route authority between the United States and China Bermuda Agreement (UK–US, 1946–1978) Bermuda II Agreement (UK–US, 1978–2008) Cross-strait charter Beijing Convention Cape Town Treaty Chicago Convention Convention on the Marking of Plastic Explosives European Common Aviation Area Flight permit Freedoms of the air EU–US Open Skies Agreement Hague Hijacking Convention Hague Protocol Montreal Convention Paris Convention of 1919 Rome Convention Sabotage Convention Tokyo Convention Warsaw Convention Intergovernmental organizations ICAO ECAC Eurocontrol EASA ENCASIA Baggage Bag tag Baggage allowance Baggage carousel Baggage cart Baggage reclaim Baggage handler Baggage handling system Baggage sizer Checked baggage Hand luggage Lost luggage (WorldTracer) Luggage lock Aviation safety Air rage Air traffic control Air traffic service Aircraft safety card Airport authority Airport crash tender Airport police Airport security Airspace class Area control center Brace position Civil aviation authority Control area Control zone Controlled airspace Evacuation slide Flight information region Flight information service Flight recorder Instrument flight rules Overwing exits Pre-flight safety demonstration Sky marshal Special use airspace US Special visual flight rules Terminal control area Terminal control center Uncontrolled airspace Upper information region Visual flight rules Airline tickets Airline booking ploys Airline reservations system Airline ticket Airline timetable Bereavement flight Boarding pass Codeshare agreement Continent pass Electronic ticket Fare basis code Flight cancellation and delay Frequent-flyer program Government contract flight One-way travel Open-jaw ticket Overbooking (Overselling) Passenger name record Red-eye flight Round-the-world ticket Standby Tracking Travel agency Ground crew Aircraft maintenance technician Aircraft ground handling Baggage handler Flight dispatcher Miscellaneous Air cargo Air travel Airplane film Aviation taxation and subsidies Mile high club Steffen Boarding Method

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Adapted from the Wikipedia article [Aviation law](https://en.wikipedia.org/wiki/Aviation_law) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Aviation_law?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.