Legal Aspects of Air Transportation
Legal Aspects of Air Transportation Kevinn A. Narvaez Y00285940 AWSC 3200 Air Transportation Prof. Ocasio Table of Contents IntroductionPage 3 Main EssayPage 4 ConclusionPage 6 ReferencesPage 7 Introduction: Air Transportation is one of the fastest growing sectors of the late 20th and early 21st centuries, as such, it is subject to an increasing legal requirements.
Many legal requirements has to do with the financial side of the air transportation business, specifically financial and documentation matters.
These legal requirements are usually decided via yearly ICAO and IATA meetings, but also via special conferences, such as the Chicago Conference and the Havana Conference, where major changes in international air transportation were made. In this project we will look at some of the different legal measures taken to ensure fair competition and standardize business practices in the international air transportation industry. We will also look at some of the international agreements regarding air transportation, and the effects that they have had on the industry. Main Essay: International air transportation is an example of a politically- dependent business. International agreements and disagreements affect were, how, when, and how frequently air carriers fly to international destinations. A clear example of this is the embargo against Cuba, flights from the United States to Cuba are extremely heavily regulated. In many other instances, politics have played an important role in determining international air transportation policy, and as such, international air transportation, is in a constant state of flux.
A tragic example of a flight that was caught in the bad side of international disputes was Korean Airlines Flight 007, which was shot down over the former Soviet Union during September of 1983, a period during which relationships between East and West were at a straining point. Likewise, many laws affect the citizens of a particular nation, such as the Fly America Act, which obligates United States federal employees and their families to fly primarily on air carriers from the United States.
This functions as a trade boon for American air carriers, virtually guaranteeing large revenues on international flights as well as domestic flights. 4 The Fly America Act was not the first legal action placed on international air transportation, we can go as far back the Chicago and Havana Conventions, and find evidence of legal actions imposed on air transportation. These legal actions are numerous, and include the “Nine Freedoms of the Air,” and the Montreal Convention, which establishes legal boundaries and requirements for law suits involving air carriers and passengers.
Of course, the legal effects of air transportation have an effect on the economics of the business, when nations go to war, and declare blockades, airlines have to increase ticket prices to cover operational risks and other factors not planned for. With increased cost comes less reward, and eventually, the airline may have to shut down the route due to excessive costs. 5 Conclusion: The legal aspects of air transportation are numerous, and their effects are not only far-reaching, but powerful in their scope. As such, many airliners are subject to their rule, and have had to adjust their operations to compensate for these legal bindings.
As we have seen, the legal affects don’t just encompass laws and trade agreements, but also international politics and disputes. More often than not, air carriers prefer to not operate in areas that have been involved in international conflicts, for the sake of the passengers and the aircrew. The future of air transportation law is highly unpredictable, with nations making and breaking agreements every day. However, this does not exclude the airline industry from adapting to the changing legal climate as it has done in the past.
Hopefully, in the future more agreements like the “Open Skies” act and the “Nine Freedoms of the Air” will cause the airline industry to flourish. 6 References: Air Transportation; Xunta de Galicia. Retrieved on 27/Nov/2009http://www. bygalicia. eu/en/keys_to_internationalisation/logistics_and_distribution/transport/air_transport/ International Civil Aviation, various, Retrieved on 27/Nov/2009 http://www. centennialofflight. gov/essay/Government_Role/Intl_Civil/POL19. htm Air Transport Law and Policy in the 1990’s: Controlling the Boom, Aberson, Emile; Mendes de Leon, Pablo.
Kluwer Academic Publishers. 1991 http://books. google. com. pr/books? id=yEvwGJnaZ-YC&pg=PA157&lpg=PA157&dq=legal+aspects+air+transport&source=bl&ots=QDO9UM67k4&sig=GjFZpfrImlsDED3UvuGuDUKHVZE&hl=en&ei=0nAWS4ecEs2ztgfMraj7BA&sa=X&oi=book_result&ct=result&resnum=3&ved=0CBIQ6AEwAjgy#v=onepage&q=legal%20aspects%20air%20transport&f=false Korean Air Lines Flight 007, various, retrieved on 27/Nov/2009 http://en. wikipedia. org/wiki/Korean_Air_Lines_Flight_007 Montreal Conference, ICAO. Retrieved on 28/Nov/2009 28/Nov. 2009http://www. jus. uio. no/lm/air. carriage. unification. convention. montreal. 1999/ 7