PRESENTATION 1

AIR LAW AND REGULATIONS

• Air Law is a series of rules governing the use of airspace and its benefits for aviation, the general public and the nations of the world. Definition of which is plenty but it cannot be applied indiscriminately or without exceptions. Like, the terms of Aviation Law and, or Navigation Law are become out-dated, the designation of Air Transportation Law has been employed on occasions, but the areas it covers are only conveying a narrow interpretation. In presence, the term of Aeronautical Law1 is currently being used especially in Romance languages, while Air Law is practically adopted in the rest regimes.

AIR LAW AND REGULATIONS

• In presence, the term of Aeronautical Law1 is currently being used especially in Romance languages, while Air Law is practically adopted in the rest regimes.

AIR LAW AND REGULATION

• Air Law is found interesting on the ground of Aviation is in the process of achieving its next phase of development and arouses interest in ever-larger circles. For instance, when a person boards an aircraft as a passenger and reads the small print on his ticket he suddenly realizes that he is bound by the provision of the Warsaw Convention. It will be useful to posses some means of appreciating the benefits and disadvantages of the rules to which he has become bound. Besides, Air law is intertwined with other areas of laws. It involves many aspects of Constitution law, Administrative Law, Civil law, Commercial law and especially Criminal Law. Its international nature is always paramount.

HISTORY AND DEVELPOMENT OF AIR LAW

• Because of the first engine-powered flight had successfully been carried out by the Brothers Wright in 1903, it is already 100 years in the year of 2003. It is possible to review to the past when one takes into account the national rules and regulations in various states.

HISTORY AND DEVELOPMENT OF AIR LAW

• The first concerted attempt at codification on an international scale took place before 1910, when German balloons repeatedly made flights above French territory.2 The French Government was of the opinion that for safety reasons it would be desirable for the two governments involved to try and reach an agreement to resolve the problem. As a result the Paris Conference of 1910 was convened, the tendency of the conference did not adopt the idea of ‘freedom of the air’ but was in favor of the sovereignty of states in the space above their
• territories, which was reflected on the draft convention at the plenary session of the conference. 3

Air Law is a series of rules governing the use of airspace and its benefits for aviation, the general public and the nations of the world. Definition of which is plenty but it cannot be applied indiscriminately or without exceptions. Like, the terms of Aviation Law and, or Navigation Law are become out-dated, the designation of Air Transportation Law has been employed on occasions, but the areas it covers are only conveying a narrow interpretation. In presence, the term of Aeronautical Law1 is currently being used especially in Romance languages, while Air Law is practically adopted in the rest regimes.

• Following the 1st World War, the first scheduled air service between Paris and London come into force on 8 Feb 1919, the existing regulations was considered incorporated into a convention. But a choice had to be made between a free airspace analogous to the principle of maritime law, and an airspace governed by the sovereignty of the states. No matter the rule of Air Law was to be made subject to the rules existent to regulate other means of other transportation like rail, road or sea. Air Law in a general viewpoint that covers an area which is determined by the special characteristics and demands of aviation, but whenever this implies a departure from the existing law, the justification for this departure must be most carefully assessed and weighed. Between those two poles Air Law will have to find its range and its limits thereof.

SOURCE OF AIR LAW

• Air law has taken on its international character and emerged on an international plane almost from the very beginning, that is, the first flights between Paris and London, the Paris Convention was concluded in 1919, the year in which that flight took place. Due to the rapid developments in aviation and with the lawmakers attempting to keep pace, custom has largely been bypassed as a source of law, but the result that Air Law is mainly consisting of written law.

SOURCE OF AIR LAW

• Treaty Law encompasses all international treaties in which multilateral conventions are the primary source of air law. As a matter of fact that subject participants like the state, the owner, the operator, the passengers, the owner of the on-board goods, the mortgage holders, etc, their rights are properly safeguarded by the achievement of the most important elements of Air Law. The implementing measures are found in international agreement and conventions. Another classifications relevant for Air Law are bilateral instruments, such as national Law, contracts between states and airline companies or contracts between airlines companies, and general principle of International Law4.

SOURCE OF AIR LAW

• International Custom, in practical, constitutes an important source of international law applicable in the absence of an agreement or complementing it. But in the view of the development of treaty laws, the application of International Custom is not much in use in the domain of aviation as time goes by.
• Litigation between national and international law, or it between private and public law is applicable in Air Law. Private International Law, in its context means the series of rules pertaining to the relations between private persons involved in the operation and use of aircraft, whereas Public International Law is the corpus of legal norms pertaining to the relations involving states and international organizations in respect of those activities in aviation among problems of political, technical, economical, financial, social or legal nature. In the phase of my paper, military aviation is departed from my focus.

INTERNATIONAL CIVIL AVIATION ORGANIZATIO.

• ICAO is playing an outstanding role in world aviation events. Its set-up is starting by the agreement concluded during the Chicago conference of 1944.The impulse of its set-up is generated as to the field of aviation in structural innovations of international co-operation and law making after the 2nd World War.

INTERNATIONAL CIVIL AVIATION ORGANIZATION.

• Its daily business is run by a council, a permanent body which performs a variety of duties in the legal, technical and recently also in the economic field. It has a state membership of over 150 at present and operates under the supervision of an assembly with important budgetary powers. It also contains a legal committee, which is taking charged with preparing and drafting international treaties and conventions on the Air Law prior to their submission to a Diplomatic Conference for final approval. One of the important roles of the council lies to the settlement of disputes as it is authorized to request legal opinions from the ICJ, The International Court of Justice at the Hague offering interpretation of treaties and conventions6, or acting as a mediating role in disputes 7.

INTERNATIONAL AIR TRANSPORTATION ASSOCIATIO.

• IATA is not an official body but its aim and objective are clearly set out in its incorporating acts for the safe, regular and economical air transport for the benefit of the air aviation, to foster air commerce and to study problems connected therewith by means of collaboration among airlines engaged directly or indirectly in international air transport service. Its job is always working with ICAO and the other international organization, lies in the sectors of technical and commercial.

INTERNATIONAL AIR TRANSPORTATION ASSOCIATION

• IATA has another important functions, one of which is performing as a clearing-house, handling the ticketing clearing for airlines’ account under the responsibility of its financial committee since 1947 in London, later, it moved to Geneva. The other function of IATA is to fix tariff rates for international air transport, its activities find their expression in Resolutions and Recommended Practices adopted by the Traffic Conferences which become binding on the member when approved by interested governments.

FEDERAL AVIATION ADMINISTRATION

• The Federal Aviation Administration (FAA) is the agency of the United States Department of Transportation responsible for the regulation and oversight of civil aviation within the U.S., as well as operation and development of the National Airspace System. Its primary mission is to ensure safety of civil aviation.

PRIMARY RESPONSIBILITIES

• Responsibilities of the FAA include: Regulating civil aviation to promote safety within the U.S. and abroad; Encouraging and developing civil aeronautics, including new aviation technology; Developing and operating a system of air traffic control and navigation for both civil and military aircraft; Researching and developing the National Airspace System and civil aeronautics; Developing and carrying out programs to control aircraft noise and other environmental effects of civil aviation; Regulating U.S. commercial space transportation. The FAA licenses commercial space launch facilities and private launches of space payloads on expendable launch vehicles. Investigation of aviation incidents, accidents and disasters is conducted by the National Transportation Safety Board (NTSB), an independent US government agency. Along with the European Aviation Safety Agency (EASA) the FAA is one of the two main agencies world-wide responsible for the certification of aircraft.

ORGANISATION OF FAA.

• FAA is managed by an Administrator, assisted by a Deputy Administrator. Five Associate Administrators report to the Administrator and direct the line-of-business organisations that carry out the agency's principle functions. The Chief Counsel and nine Assistant Administrators also report to the Administrator. The Assistant Administrators oversee other key programs such as Human Resources, Budget, and System Safety. FAA also has nine geographical regions and two major centers, the Mike Monroney Aeronautical Center and the William J. Hughes Technical Center.

FAA KEY ACTIVITIES.

• Key Activites The FAA’s key activities may be summarised as: Safety Regulation Issuing and enforcing regulations and minimum standards covering manufacturing, operating, and maintaining aircraft. Certification of airmen and airports that serve air carriers. Airspace and Air Traffic Management The safe and efficient use of navigable airspace is one of the FAA’s primary objectives. The Administration operates a network of airport towers, air route traffic control centers, and flight service stations, as well as developing air traffic rules, assignment of the use of airspace, and the control of air traffic.

FAA KEY ACTIVITIES.

• Navigation Facilities The FAA builds/installs visual and electronic aids to air navigation, maintains, operates and assures the quality of these facilities as well as sustains other systems to support air navigation and air traffic control, including voice and data communications equipment, radar facilities, computer systems, and visual display equipment at flight service stations. Civil Aviation Abroad The FAA promotes aviation safety and encourage civil aviation abroad. It exchanges aeronautical information with foreign authorities, certifies foreign repair shops, airmen, and mechanics, provides technical aid and training, negotiates bilateral airworthiness agreements with other countries and takes part in international conferences.

FAA KEY ACTIVITIES.

• Commercial Space Transportation The FAA regulates and encourages the U.S. commercial space transportation industry, including licensing commercial space launch facilities and private launches of space payloads on expendable launch vehicles. Research, Engineering, and Development The FAA undertakes research on, and development of, the systems and procedures needed for a safe and efficient system of air navigation and air traffic control. The Administration helps develop better aircraft, engines, and equipment and tests/ evaluates aviation systems, devices, materials, and procedures. It also undertakes aeromedical research.

EASA

• The European Aviation Safety Agency or EASA is an agency of the European Union with responsibility for civil aviation safety. It carries out certification, regulation, and standardisation, and also performs investigation and monitoring.[1]:§4.3 It collects and analyses safety data, drafts and advises on safety legislation, and coordinates with similar organisations in other parts of the world.[1]:§4.3 The idea of a European-level aviation safety authority goes back to 1996, but the agency was not legally established until 2002. It began its work in 2003.[1]:§4.3

EASA

• Based in Cologne, Germany, the agency was created on 15 July 2002,[2] and it reached full functionality in 2008,[3] taking over functions of the Joint Aviation Authorities. European Free Trade Association countries have been granted participation in the agency.

EASA

• The responsibilities of the agency include, the analysis and research of safety parameters, authorising foreign operators, advising the EU comission on the drafting of EU législations. It also implements and monitors safety rules (including inspections in the member states), giving type-certification of aircraft and components as well as the approval of organisations involved in the design, manufacture and maintenance of aeronautical products.

EASA JURISDICTION

• EASA has jurisdiction over new type certificates and other design-related airworthiness approvals for aircraft, engines, propellers, and parts. EASA works with the National Aviation Authorities (NAAs) of the EU members but has taken over many of their functions in the interest of aviation standardisation across the EU and non-EU member Turkey.[7] EASA is also responsible for assisting the European Commission in negotiating international harmonisation agreements with the "rest of the world" (ROW) on behalf of the EU member states and also concludes technical agreements at a working level directly with its counterparts around the world such as the US Federal Aviation Administration (FAA). EASA also sets policy for aeronautical repair stations (Part 145 organisations in Europe and the US – also known as Part 571 organisations in Canada) and issues repair station certificates for repair stations located outside the EU (which permits foreign repair stations to perform work acceptable to the European Union on EU aircraft). EASA has developed regulations for air operations, flight crew licensing and non-EU aircraft used in the EU and these shall apply after the required European legislation to expand the Agency's remit enters into force (the legislation was published on 19 March 2008.[8])

CIVIL AVIATION AUTHORITY OF THE PHILIPPINES.

• The Civil Aviation Authority of the Philippines (CAAP; Filipino: Pangasiwaan ng Abyasyon Sibil ng Pilipinas) is the national aviation authority of the Philippines and is responsible for implementing policies on civil aviation to assure safe, economic and efficient air travel.[1] The agency also investigates aviation accidents via its Aircraft Accident Investigation and Inquiry Board.[2] Formerly Air Transportation Office, it is a government-owned and controlled corporation attached to the Department of Transportation for the purpose of policy coordination.

HISTORY OF CAAP

• Act No. 3909 passed by the Congress of the Philippines on November 20, 1931 created an Office under the Department of Commerce and Communications to handle aviation matters, particularly the enforcement of rules and regulations governing commercial aviation as well as private flying. It was amended by Act 3996 to include licensing of airmen and aircraft, inspection of aircraft concerning air traffic rules, schedules and rates and enforcement of Aviation Laws.[3]

HISTORY OF CAAP

• From 1932 to 1936, there were no standard procedures as to the licensing of airmen, registration of aircraft and recording of various aeronautical activities connected with commercial aviation. There were attempts made to register planes and their owners without ascertaining their airworthiness and to record names of pilots, airplane mechanics and other details.[3]

HISTORY OF CAAP

• In 1933, the office of Technical Assistant of Aviation matters was enlarged into the Aeronautics Division under the Department of Commerce and Industry, the functions of which were embodied in Administrative Order No. 309, a joint Bulletin issued by the Department of Public Works and Communications and the Department of Finance.[3] In October 1934, Act 4033 was passed to require a franchise from the Philippine government in order to operate an air service and to regulate foreign aircraft operations.[3]

HISTORY OF CAAP

• On November 12, 1936, the Congress of the Philippines passed Commonwealth Act No. 168, better known as the Civil Aviation Law of the Philippines which created the Bureau of Aeronautics. After the liberation of the Philippines in March 1945, the Bureau was reorganized and placed under the Department of National Defense. Among its functions was to promulgate Civil Aviation Regulations.[3] On October 1947, Executive Order No. 94 which reorganized the government transferred the Bureau of Aeronautics to the newly created Department of Commerce and Industry and renamed Civil Aeronautics Administration (CAA).[3] On June 5, 1948, Republic Act 224 created the National Airports Corporation which was charged with the management and operations of all national airports.[3]

HISTORY OF CAAP

• 776, otherwise known as the Civil Aeronautics Act of the Philippines reorganized the Civil Aeronautics Board and the Civil Aeronautics Administration. It defined the powers and duties of both agencies including the funds, personnel and the regulations of Civil Aviation.[3] On January 20, 1975, Letter of Instruction No. 244 transferred to the Department of Public Highways the responsibilities relative to airport plans, designs, construction, improvement, maintenance as well as site acquisition. The responsibilities related to location, planning design and funding were later returned to the CAA.[3] On July 23, 1979, under Executive Order No. 546, the CAA was renamed the Bureau of Air Transportation (BAT) and placed under the Ministry of Transportation and Communications.[4]

HISTORY OF CAAP

• On April 13, 1987, Executive Order No. 125-A renamed the Bureau of Air Transportation the Air Transportation Office headed by the Assistant Secretary of Air Transportation.[5] On March 4, 2008, the Civil Aviation Authority Act of 2008 was signed into law which replaced the Air Transportation Office with the Civil Aviation Authority, an independent regulatory body with quasi-judicial and quasi-legislative powers with corporate attributes [6]

CIVIL AERONAUTICS BOARD.

• The Civil Aeronautics Board (CAB) is the agency of the government mandated to regulate the economic aspect of air transportation, and shall have the general supervision, control and jurisdiction over air carriers, general sales agents, cargo sales agents, and air freight forwarders as well as their property, property rights, equipment, facilities, and franchise (R.A. No. 776, as amended by P.D. 1462). CAB is an attached agency of the Department of Transportation and Communications (DOTC). In the exercise of its regulatory powers, it is authorized to issue Certificates of Public Convenience and Necessity (CPCN) to domestic carriers, Foreign Air Carrier's Permit (FACP) to foreign carriers, and Letters of Authority to airfreight forwarders, general sales agents, cargo sales agents who are fit, willing, and able to perform services as required by public convenience and necessity. CAB likewise performs quasi-judicial functions.

SOCIETY OF AEROSPACE ENGINEERS OF THE APHILIPPINES.

• of Aerospace Engineers of the Philippines (SAEP) as a leading partner and catalyst in the development of the aviation industry, was conceived within a framework to work for the promotion and advancement of Aeronautical Engineering in the Philippines. The Society is an active member of the Philippine Technological Council (PTC), which is the umbrella organization of 14 Accredited Professional Organizations in the Philippines whose common ideal is: to create a confederated league wherein all technological associations can participate and concur in the promotion and provision of quality service and better life for the Filipino people and better future for the nation.

ROLE OF CAAP.

• The Civil Aviation Authority of the Philippines (CAAP) is a multi-role government agency responsible for the regulation of aviation in the Philippines. CAAP's mandate covers a number of different functional areas, including responsibility for air traffic management. CAAP is to: • Establish and prescribe rules and regulations for the inspection and registration of all aircraft owned and operated in the Philippines and all air facilities; • Establish and prescribe the corresponding rules and regulations for the enforcement of laws governing air transportation; • Determine, fix and/or prescribe charges and/or rates pertinent to the operation of public air utility facilities and services; • Administer and operate the Civil Aviation Training Center (CATC); • Operate and maintain national airports, air navigation and other similar facilities in compliance to ICAO; • Perform such other powers and functions as may be prescribed by law.